Proposed Generic Communication; Regulatory Issue Summary 2012-XX: Developing Inservice Testing and Inservice Inspection Programs, 12089-12092 [2012-4647]

Download as PDF Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Notices Week of April 2, 2012—Tentative There are no meetings scheduled for the week of April 2, 2012. * * * * * *The schedule for Commission meetings is subject to change on short notice. To verify the status of meetings, call (recording)—(301) 415–1292. Contact person for more information: Rochelle Bavol, (301) 415–1651. * * * * * The NRC Commission Meeting Schedule can be found on the Internet at: https://www.nrc.gov/public-involve/ public-meetings/schedule.html. * * * * * The NRC provides reasonable accommodation to individuals with disabilities where appropriate. If you need a reasonable accommodation to participate in these public meetings, or need this meeting notice or the transcript or other information from the public meetings in another format (e.g. braille, large print), please notify Bill Dosch, Chief, Work Life and Benefits Branch, at 301–415–6200, TDD: 301– 415–2100, or by email at william.dosch@nrc.gov. Determinations on requests for reasonable accommodation will be made on a caseby-case basis. * * * * * This notice is distributed electronically to subscribers. If you no longer wish to receive it, or would like to be added to the distribution, please contact the Office of the Secretary, Washington, DC 20555 (301–415–1969), or send an email to darlene.wright@nrc.gov. Dated: February 23, 2012. Rochelle C. Bavol, Policy Coordinator, Office of the Secretary. [FR Doc. 2012–4814 Filed 2–24–12; 4:15 pm] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2012–0048] Proposed Generic Communication; Regulatory Issue Summary 2012–XX: Developing Inservice Testing and Inservice Inspection Programs Nuclear Regulatory Commission. ACTION: Draft regulatory issue summary: request for comment. tkelley on DSK3SPTVN1PROD with NOTICES AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is seeking public comment on a draft regulatory issue summary that would describe an acceptable approach for holders of SUMMARY: VerDate Mar<15>2010 20:10 Feb 27, 2012 Jkt 226001 combined licenses under Title 10 of the Code of Federal Regulations (10 CFR) Part 52, ‘‘Licenses, Certifications, and Approvals for Nuclear Power Plants,’’ to satisfy the requirements in 10 CFR 50.55a, ‘‘Codes and standards,’’ regarding implementation of inservice inspection and inservice testing programs during the initial 120-month program interval following nuclear power plant startup. DATES: Submit comments by April 13, 2012. Comments received after this date will be considered if it is practical to do so, but the NRC is able to assure consideration only for comments received on or before this date. ADDRESSES: You may access information and comment submissions related to this document, which the NRC possesses and is publicly-available, by searching on https://www.regulations.gov under Docket ID NRC–2012–0048. You may submit comments by the following methods: • Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC–2012–0048. Address questions about NRC dockets to Carol Gallagher; telephone: 301–492–3668; email: Carol.Gallagher@nrc.gov. • Mail comments to: Cindy Bladey, Chief, Rules, Announcements, and Directives Branch (RADB), Office of Administration, Mail Stop: TWB–05– B01M, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001. • Fax comments to: RADB at 301– 492–3446. For additional direction on accessing information and submitting comments, see ‘‘Accessing Information and Submitting Comments’’ in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Andrea Russell, Project Manager, Generic Communications Branch, Division of Policy and Rulemaking, Office of Nuclear Reactor Regulation, Mail Stop: OWFN–12–D20, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 301–415– 8553, email: Andrea.Russell@nrc.gov. SUPPLEMENTARY INFORMATION: I. Accessing Information and Submitting Comments Frm 00089 Fmt 4703 Sfmt 4703 • Federal Rulemaking Web Site: Go to https://www.regulations.gov and search for Docket ID NRC–2012–0048. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may access publiclyavailable documents online in the NRC Library at https://www.nrc.gov/readingrm/adams.html. To begin the search, select ‘‘ADAMS Public Documents’’ and then select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301–415–4737, or by email to pdr.resource@nrc.gov. The Draft Regulatory Issue Summary ‘‘Developing Inservice Testing and Inservice Inspection Programs Under 10 CFR part 52,’’ is available electronically under ADAMS Accession Number ML111360204. • NRC’s PDR: You may examine and purchase copies of public documents at the NRC’s PDR, Room O1–F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. B. Submitting Comments Please include Docket ID NRC–2012– 0048 in the subject line of your comment submission, in order to ensure that the NRC is able to make your comment submission available to the public in this docket. The NRC cautions you not to include identifying or contact information in comment submissions that you do not want to be publicly disclosed. The NRC posts all comment submissions at https://www.regulations.gov as well as entering the comment submissions into ADAMS, and the NRC does not edit comment submissions to remove identifying or contact information. If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information in their comment submissions that they do not want to be publicly disclosed. Your request should state that the NRC will not edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment submissions into ADAMS. II. Discussion A. Accessing Information Please refer to Docket ID NRC–2012– 0048 when contacting the NRC about the availability of information regarding this document. You may access information related to this document, which the NRC possesses and is publicly-available, by the following methods: PO 00000 12089 Addressees All current and potential applicants for and holders of a combined license (COL) or standard design certification for a nuclear power plant under the provisions of Title 10 of the Code of Federal Regulations (10 CFR) Part 52, ‘‘Licenses, Certifications, and Approvals for Nuclear Power Plants.’’ E:\FR\FM\28FEN1.SGM 28FEN1 12090 Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Notices Intent The U.S. Nuclear Regulatory Commission (NRC) is issuing this regulatory issue summary (RIS) to describe an acceptable approach for COL holders (licensees) to satisfy the requirements in 10 CFR 50.55a, ‘‘Codes and standards,’’ regarding implementation of inservice inspection (ISI) and inservice testing (IST) programs during the initial 120-month program interval following plant startup. In addition, this RIS discusses acceptable approaches for developing preservice inspection programs and Risk-Informed ISI and IST programs. This RIS does not transmit any new requirements and does not require any specific action or written response. tkelley on DSK3SPTVN1PROD with NOTICES Background Information The regulations in 10 CFR 50.55a(f)(4)(i) and (g)(4)(i) require, in part, that inservice tests to verify the operational readiness of safety-related pumps and valves and inservice examinations of components and system pressure tests conducted during the initial 120-month testing and inspection interval must comply with the requirements in the latest edition and addenda of the American Society of Mechanical Engineers (ASME) Boiler & Pressure Vessel Code (B&PV Code) and ASME Code for Operation and Maintenance of Nuclear Power Plants (OM Code) incorporated by reference in 10 CFR 50.55a, on the date that occurs 12 months before the date scheduled for initial loading of fuel under a COL issued under 10 CFR part 52 (or the optional ASME Code cases listed in NRC Regulatory Guide (RG) 1.147, ‘‘Inservice Inspection Code Case Acceptability, ASME Section XI, Division 1,’’ and RG 1.192, ‘‘Operation and Maintenance Code Case Acceptability, ASME OM Code,’’ that are incorporated by reference in 10 CFR 50.55a). In addition, the NRC regulations in 10 CFR 52.47(a)(3)(i) require, in part, that a design certification application must contain the principal design criteria for the facility. Appendix A to 10 CFR part 50, general design criteria (GDC), establishes minimum requirements for the principal design criteria. GDCs 32, 36, 37, 39, 40, 42, 43, 45, and 46 require that safety-related components and systems shall be designed to permit appropriate periodic inspection of important components to assure their integrity and capability of the system and periodic testing to assure (1) the structural and leak-tight integrity of its components; (2) the operability and performance of the active components VerDate Mar<15>2010 20:10 Feb 27, 2012 Jkt 226001 of the system; and (3) the operability of the system as a whole. The periodic inspections and testing programs are required to meet the ASME B&PV Code and OM Code, respectively, in accordance with 10 CFR 50.55a. Lastly, the NRC regulations in 10 CFR 52.79(a)(11) require that the COL applicant describe the programs (such as ISI and IST programs) and their implementation, necessary to ensure that the systems and components meet the requirements in the ASME OM Code and ASME B&PV Code, Section XI. These operational programs are required to be fully described when the COL application is submitted to the NRC for review. The requirements in the above three NRC regulations appear to provide overlapping and conflicting requirements on establishing the applicable editions and addenda of the ASME B&PV and OM Codes to be used for the initial 120-month ISI and IST program intervals and have caused confusion during the NRC staff’s review of design certification and COL applications. This RIS describes how the NRC staff, design certification applicants and COL applicants have addressed these requirements in the reviews of design certification and COL applications under 10 CFR part 52. Summary of Issue The NRC regulations in 10 CFR part 52 allow a two-step process for licensing new nuclear power plants where a Standard Design Certification is granted with subsequent issuance of a COL referencing the certified design. Under this process, the regulations in 10 CFR 52.47 require the design certification application to contain a level of design information sufficient to enable the Commission to judge the applicant’s proposed means of assuring that construction conforms to the design and to reach a final conclusion on all safety questions associated with the design before the certification is granted. A Design Control Document (DCD) supporting a design certification application may provide general information on operational programs (such as ISI and IST programs) with allowance for flexibility by the COL applicant when developing plantspecific operational programs. The NRC staff reviews the general description of the operational programs in the DCD to ensure an adequate foundation for the plant-specific operational programs to be developed by COL applicants. With respect to IST programs, the NRC staff review of the DCD focuses on accessibility for the performance of IST activities. To reduce the amount of PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 information needed in subsequent COL applications, some design certification applicants provide more detailed descriptions of ISI and IST operational programs in their DCDs than required by the NRC regulations for a design certification application. The NRC regulations in 10 CFR 52.79(a)(11) require a COL applicant to provide, in its safety analysis report, a description of the programs and their implementation necessary to ensure that the systems and components meet the requirements of the ASME B&PV Code and ASME OM Code in accordance with 10 CFR 50.55a at a level sufficient to enable the NRC to reach a final conclusion on all safety matters that must be resolved before COL issuance. In SECY–05–0197, ‘‘Review of Operational Programs in a Combined License Application and General Emergency Planning Inspections, Tests, Analyses, and Acceptance Criteria [ITAAC],’’ (Agencywide Documents Access and Management System (ADAMS) Accession No. ML052770257) dated October 28, 2005, the NRC concluded that operational programs (such as ISI and IST programs) could be fully described in a COL application and recognized that some operational programs would not be available at the time of COL issuance. In accordance with this guidance, the description of the program would contain the information necessary for the NRC staff to make a reasonable assurance finding on the acceptability of the operational program in the review of a COL application. This information would specify an edition and addenda of the ASME B&PV Code and OM Code that would be the basis for the ISI and IST program described in the COL application. The NRC staff developed license conditions to provide certainty as to when the operational programs would be implemented in support of plant startup. Following COL issuance, the NRC regulations in 10 CFR 50.55a(f)(4)(i) and (g)(4)(i) require, in part, that inservice tests verify the operational readiness of safety-related pumps and valves and inservice examinations of components and system pressure tests conducted during the initial 120-month testing and inspection interval must comply with the requirements in the latest edition and addenda of the ASME B&PV Code and OM Code incorporated by reference in 10 CFR 50.55a, on the date that occurs 12 months before the date scheduled for initial loading of fuel under a COL issued in accordance with 10 CFR part 52 (or the optional ASME Code cases listed in NRC RG 1.147 and E:\FR\FM\28FEN1.SGM 28FEN1 Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Notices RG 1.192 that are incorporated by reference in 10 CFR 50.55a). Several years may elapse between the time when a design certification is granted and when a COL application is submitted referencing that certified design. Further, the construction of a nuclear power plant will require several years from the time of COL issuance until the commencement of fuel loading. Therefore, design certification and COL applicants and holders need to be aware of the interrelated requirements in 10 CFR 50.55a and 10 CFR part 52 regarding the development and implementation of ISI and IST programs for nuclear power plants to be licensed under 10 CFR part 52. tkelley on DSK3SPTVN1PROD with NOTICES Design Certification and COL Applicants The NRC regulations in 10 CFR 52.79(a)(11) require that the COL applicant describe the IST and ISI programs and their implementation, necessary to ensure that the systems and components meet the requirements in the ASME OM Code and ASME B&PV Code, Section XI. NRC RG 1.206, ‘‘Combined License Applications for Nuclear Power Plants (LWR Edition),’’ and SECY–05–0197 provide guidance for COL applicants in describing their IST and ISI programs in support of the COL applications. As part of its description of the IST and ISI programs, the COL applicant must identify the edition and addenda of the ASME OM Code and ASME B&PV Code, Section XI, to be used in developing its IST and ISI programs, respectively. In some cases, it may be the same edition and addenda used in the design certification. In other cases, it may be the latest edition and addenda of the ASME OM Code or ASME B&PV Code, Section XI, incorporated by reference in 10 CFR 50.55a at the time of the COL application. In describing IST and ISI programs, COL applicants should recognize that the NRC regulations in 10 CFR 50.55a require updating of ISI and IST programs prior to fuel loading. Design certification applicants should also be aware of this 10 CFR 50.55a requirement when describing IST and ISI programs in their DCDs for reference by COL applicants. COL Licensees After the COL is issued, the COL licensee will initiate development of the ISI and IST programs to allow implementation of those programs in preparation for plant operation. During development of the ISI and IST programs, the COL licensee should be aware of the NRC regulations under 10 CFR 50.55a(f)(4)(i) and 10 CFR VerDate Mar<15>2010 20:10 Feb 27, 2012 Jkt 226001 50.55a(g)(4)(i) that require the COL licensee to develop its initial 120-month interval IST and ISI programs using the latest edition and addenda of the ASME OM Code and ASME B&PV Code, Section XI, incorporated by reference in 10 CFR 50.55a(b) on the date that occurs 12 months before the date scheduled for initial loading of fuel. Therefore, the COL licensee should anticipate that the ASME B&PV Code and OM Code might be revised to incorporate industry operating experience and technological advances prior to fuel loading for its nuclear power plant. NRC Staff Position The NRC staff recognizes that a COL licensee might encounter significant logistical and scheduling issues when converting its IST and ISI programs from the edition and addenda of the ASME OM Code and ASME B&PV Code specified in the COL application to the edition and addenda of these codes incorporated by reference in 10 CFR 50.55a on the date that occurs 12 months before fuel loading. The NRC regulations allow alternatives to the requirements of 10 CFR 50.55a to be used if the applicant demonstrates that (1) the proposed alternative would provide an acceptable level of quality and safety, or (2) compliance with the specified requirements of 10 CFR 50.55a would result in hardship or unusual difficulty without a compensating increase in the level of quality and safety. Therefore, a COL licensee may request authorization by the NRC staff to use an edition and addenda of the ASME OM Code for developing its initial 120-month IST program that is earlier than that required under 10 CFR 50.55a(f)(4)(i) and, similarly, to use an edition and addenda of the ASME B&PV Code, Section XI, for developing its initial 120-month ISI program that is earlier than that required under 10 CFR 50.55a(g)(4)(i). One acceptable approach would be for the COL licensee to submit to the NRC a request to authorize, as an alternative, the use of the same edition and addenda of the ASME OM Code or ASME B&PV Code, Section XI, that was specified in the design certification or COL application for the initial 120-month IST and ISI programs. In its request for authorization of an alternative, the COL licensee would need to demonstrate that it meets one of the conditions described in 10 CFR 50.55a. In addition, a COL licensee may request exemptions or departures for IST and ISI programs in accordance with Section VIII, ‘‘Processes for Changes and Departures’’ PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 12091 which is located in each of the Appendices A–D of 10 CFR part 52. When evaluating a proposed alternative under 10 CFR 50.55a, the NRC staff will compare the IST and ISI provisions in the proposed code edition and addenda to the required edition and addenda of these codes incorporated by reference in 10 CFR 50.55a on the date that occurs 12 months before fuel loading. As part of its review, the NRC staff will evaluate the differences between the IST and ISI provisions in those respective code editions and addenda. The NRC staff will also consider whether the alternative enables the testing and inspections applicable to NUREG–0933 generic safety issues and operational lessons learned that are incorporated into the design under 10 CFR 52.47(a)(21)and (22). Therefore, the design certification and COL applicants should consider the edition and addenda of the ASME OM Code and ASME B&PV Code, Section XI, specified in the descriptions of the IST and ISI programs in their design certification and COL applications, and whether those code editions and addenda reflect lessons learned from operating experience at nuclear power plants (including IST and ISI activities) and industry and regulatory research programs that will be incorporated into later code addenda and editions. Preservice Inspection Using ASME B&PV Code, Section III The NRC staff has received inquiries from design certification and COL applicants about the edition and addenda of ASME B&PV Code, Section III that they should use for developing a preservice inspection (PSI) program. The NRC regulations in 10 CFR 50.55a(g)(3)(i) and (ii) require, in part, that Class 1 components and supports, and Class 2 and 3 components and supports for Class 1 components must meet the preservice examination requirements set forth in the editions and addenda of Section III or XI of the ASME B&PV Code (or ASME OM Code for snubber examination and testing) incorporated by reference in 10 CFR 50.55a that apply to the construction of the particular component. A design certification applicant may specify the edition and addenda of Section III of the ASME B&PV Code that has been incorporated by reference in 10 CFR 50.55a for the design of its Class 1, 2, and 3 components. A COL licensee may use this same edition and addenda of Section III to develop its PSI program. However, the staff prefers that COL applicants specify the latest edition and addenda of ASME B&PV Code, Section III that is incorporated by reference in E:\FR\FM\28FEN1.SGM 28FEN1 12092 Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Notices tkelley on DSK3SPTVN1PROD with NOTICES 10 CFR 50.55a. This action effectively minimizes the differences in preservice examination requirements when developing the ISI program but is not mandatory. For its initial 120-month interval, a COL licensee may submit to the NRC a request to authorize an alternative to use a different edition and addenda of ASME B&PV Code, Section III, than that established in the design certification application, or an earlier edition and addenda of ASME B&PV Code, Section XI, than that required by 10 CFR 50.55a(g)(3)(i), for developing its PSI program. According to 10 CFR 50.55a, the COL licensee would need to demonstrate that (1) this edition and addenda of ASME B&PV Code, Section III or XI, would provide an acceptable level of quality and safety, or (2) compliance with the specified requirement to use the latest edition and addenda would result in hardship or unusual difficulty without a compensating increase in the level of quality and safety. Risk-Informed IST and ISI Programs On several occasions, the NRC staff has been asked to define its position on Risk-Informed IST and ISI program submittals during the COL application process. A COL applicant or licensee may submit Risk-Informed IST and ISI programs for NRC staff review and authorization as an alternative to the regulations as described in 10 CFR 50.55a. The COL applicant or licensee will need to satisfy the requirements for authorization of an alternative as specified in 10 CFR 50.55a. The NRC staff recommends that a conventional IST or ISI program be in place or developed before preparing a Risk-Informed IST or ISI program to facilitate the evaluation of the acceptability of the alternative program. This recommendation is based solely on the fact that the existing design certification applications, the Standard Review Plan acceptance criteria, the applicable NUREG documents, and the COL applications conform to the premise that conventional IST/ISI programs have been developed prior to a Risk-Informed program. No regulation requires that a conventional IST/ISI program be developed prior to a RiskInformed IST or ISI program submission as an alternative. However, the NRC staff considers this approach to provide the most expedient course for review and approval of a Risk Informed IST or ISI program. Backfit Discussion This RIS clarifies current regulatory requirements and provides voluntary VerDate Mar<15>2010 20:10 Feb 27, 2012 Jkt 226001 options that a COL licensee may propose. The RIS imposes no new requirements and necessitates no action or written response. Therefore, it does not constitute a backfit under 10 CFR 50.109, ‘‘Backfitting,’’ and the staff did not perform a backfit analysis. Congressional Review Act [Discussion to be provided in the final RIS.] Paperwork Reduction Act Statement This RIS does not contain new or amended information collection requirements that are subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). The Office of Management and Budget (OMB) approved the existing requirements under OMB approval numbers 3150– 0011 and 3150–0151. Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, an information collection unless the requesting document displays a currently valid OMB control number. Contact Please direct any questions about this matter to Andrea Russell, Project Manager, telephone 301–415–8553, or email Andrea.Russell@nrc.gov. For the Nuclear Regulatory Commission. Dated at Rockville, Maryland, this 16th day of February 2012. Kimyata Morgan-Butler, Acting Chief, Generic Communications Branch, Division of Policy and Rulemaking, Office of Nuclear Reactor Regulation. [FR Doc. 2012–4647 Filed 2–27–12; 8:45 am] BILLING CODE 7590–01–P and (10), permit consideration of the scheduled matters at the Closed Meeting. Commissioner Paredes, as duty officer, voted to consider the items listed for the Closed Meeting in a closed session. The subject matter of the Closed Meeting scheduled for Thursday, March 1, 2012 will be: Institution and settlement of injunctive actions; Institution and settlement of administrative proceedings; and Other matters relating to enforcement proceedings. At times, changes in Commission priorities require alterations in the scheduling of meeting items. For further information and to ascertain what, if any, matters have been added, deleted or postponed, please contact: The Office of the Secretary at (202) 551–5400. February 23, 2012. Elizabeth M. Murphy, Secretary. [FR Doc. 2012–4808 Filed 2–24–12; 11:15 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–66442; File No. SR–FINRA– 2012–012] Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing of Proposed Rule Change Relating To Raising the Limit for Simplified Arbitration February 22, 2012. SECURITIES AND EXCHANGE COMMISSION Sunshine Act Meeting Notice Notice is hereby given, pursuant to the provisions of the Government in the Sunshine Act, Public Law 94–409, that the Securities and Exchange Commission will hold a Closed Meeting on Thursday, March 1, 2012 at 2 p.m. Commissioners, Counsel to the Commissioners, the Secretary to the Commission, and recording secretaries will attend the Closed Meeting. Certain staff members who have an interest in the matters also may be present. The General Counsel of the Commission, or his designee, has certified that, in his opinion, one or more of the exemptions set forth in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR 200.402(a)(3), (5), (7), 9(ii) PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 notice is hereby given that February 9, 2012, Financial Industry Regulatory Authority, Inc. (‘‘FINRA’’) filed with the Securities and Exchange Commission (‘‘SEC’’ or ‘‘Commission’’) the proposed rule change as described in Items I, II, and III below, which Items have been substantially prepared by FINRA. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change FINRA is proposing to amend FINRA’s Customer and Industry Codes 1 15 2 17 E:\FR\FM\28FEN1.SGM U.S.C. 78s(b)(1). CFR 240.19b–4. 28FEN1

Agencies

[Federal Register Volume 77, Number 39 (Tuesday, February 28, 2012)]
[Notices]
[Pages 12089-12092]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-4647]


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 NUCLEAR REGULATORY COMMISSION

[NRC-2012-0048]


Proposed Generic Communication; Regulatory Issue Summary 2012-XX: 
Developing Inservice Testing and Inservice Inspection Programs

AGENCY: Nuclear Regulatory Commission.

ACTION: Draft regulatory issue summary: request for comment.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is seeking public 
comment on a draft regulatory issue summary that would describe an 
acceptable approach for holders of combined licenses under Title 10 of 
the Code of Federal Regulations (10 CFR) Part 52, ``Licenses, 
Certifications, and Approvals for Nuclear Power Plants,'' to satisfy 
the requirements in 10 CFR 50.55a, ``Codes and standards,'' regarding 
implementation of inservice inspection and inservice testing programs 
during the initial 120-month program interval following nuclear power 
plant startup.

DATES: Submit comments by April 13, 2012. Comments received after this 
date will be considered if it is practical to do so, but the NRC is 
able to assure consideration only for comments received on or before 
this date.

ADDRESSES: You may access information and comment submissions related 
to this document, which the NRC possesses and is publicly-available, by 
searching on https://www.regulations.gov under Docket ID NRC-2012-0048. 
You may submit comments by the following methods:
     Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2012-0048. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-492-
3668; email: Carol.Gallagher@nrc.gov.
     Mail comments to: Cindy Bladey, Chief, Rules, 
Announcements, and Directives Branch (RADB), Office of Administration, 
Mail Stop: TWB-05-B01M, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001.
     Fax comments to: RADB at 301-492-3446.
    For additional direction on accessing information and submitting 
comments, see ``Accessing Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Andrea Russell, Project Manager, 
Generic Communications Branch, Division of Policy and Rulemaking, 
Office of Nuclear Reactor Regulation, Mail Stop: OWFN-12-D20, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 
301-415-8553, email: Andrea.Russell@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Accessing Information and Submitting Comments

A. Accessing Information

    Please refer to Docket ID NRC-2012-0048 when contacting the NRC 
about the availability of information regarding this document. You may 
access information related to this document, which the NRC possesses 
and is publicly-available, by the following methods:
     Federal Rulemaking Web Site: Go to https://www.regulations.gov and search for Docket ID NRC-2012-0048.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may access publicly-available documents online in the NRC 
Library at 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 Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to pdr.resource@nrc.gov. The Draft Regulatory Issue 
Summary ``Developing Inservice Testing and Inservice Inspection 
Programs Under 10 CFR part 52,'' is available electronically under 
ADAMS Accession Number ML111360204.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

B. Submitting Comments

    Please include Docket ID NRC-2012-0048 in the subject line of your 
comment submission, in order to ensure that the NRC is able to make 
your comment submission available to the public in this docket.
    The NRC cautions you not to include identifying or contact 
information in comment submissions that you do not want to be publicly 
disclosed. The NRC posts all comment submissions at https://www.regulations.gov as well as entering the comment submissions into 
ADAMS, and the NRC does not edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information in their comment submissions 
that they do not want to be publicly disclosed. Your request should 
state that the NRC will not edit comment submissions to remove such 
information before making the comment submissions available to the 
public or entering the comment submissions into ADAMS.

II. Discussion

Addressees

    All current and potential applicants for and holders of a combined 
license (COL) or standard design certification for a nuclear power 
plant under the provisions of Title 10 of the Code of Federal 
Regulations (10 CFR) Part 52, ``Licenses, Certifications, and Approvals 
for Nuclear Power Plants.''

[[Page 12090]]

Intent

    The U.S. Nuclear Regulatory Commission (NRC) is issuing this 
regulatory issue summary (RIS) to describe an acceptable approach for 
COL holders (licensees) to satisfy the requirements in 10 CFR 50.55a, 
``Codes and standards,'' regarding implementation of inservice 
inspection (ISI) and inservice testing (IST) programs during the 
initial 120-month program interval following plant startup. In 
addition, this RIS discusses acceptable approaches for developing 
preservice inspection programs and Risk-Informed ISI and IST programs. 
This RIS does not transmit any new requirements and does not require 
any specific action or written response.

Background Information

    The regulations in 10 CFR 50.55a(f)(4)(i) and (g)(4)(i) require, in 
part, that inservice tests to verify the operational readiness of 
safety-related pumps and valves and inservice examinations of 
components and system pressure tests conducted during the initial 120-
month testing and inspection interval must comply with the requirements 
in the latest edition and addenda of the American Society of Mechanical 
Engineers (ASME) Boiler & Pressure Vessel Code (B&PV Code) and ASME 
Code for Operation and Maintenance of Nuclear Power Plants (OM Code) 
incorporated by reference in 10 CFR 50.55a, on the date that occurs 12 
months before the date scheduled for initial loading of fuel under a 
COL issued under 10 CFR part 52 (or the optional ASME Code cases listed 
in NRC Regulatory Guide (RG) 1.147, ``Inservice Inspection Code Case 
Acceptability, ASME Section XI, Division 1,'' and RG 1.192, ``Operation 
and Maintenance Code Case Acceptability, ASME OM Code,'' that are 
incorporated by reference in 10 CFR 50.55a).
    In addition, the NRC regulations in 10 CFR 52.47(a)(3)(i) require, 
in part, that a design certification application must contain the 
principal design criteria for the facility. Appendix A to 10 CFR part 
50, general design criteria (GDC), establishes minimum requirements for 
the principal design criteria. GDCs 32, 36, 37, 39, 40, 42, 43, 45, and 
46 require that safety-related components and systems shall be designed 
to permit appropriate periodic inspection of important components to 
assure their integrity and capability of the system and periodic 
testing to assure (1) the structural and leak-tight integrity of its 
components; (2) the operability and performance of the active 
components of the system; and (3) the operability of the system as a 
whole. The periodic inspections and testing programs are required to 
meet the ASME B&PV Code and OM Code, respectively, in accordance with 
10 CFR 50.55a.
    Lastly, the NRC regulations in 10 CFR 52.79(a)(11) require that the 
COL applicant describe the programs (such as ISI and IST programs) and 
their implementation, necessary to ensure that the systems and 
components meet the requirements in the ASME OM Code and ASME B&PV 
Code, Section XI. These operational programs are required to be fully 
described when the COL application is submitted to the NRC for review.
    The requirements in the above three NRC regulations appear to 
provide overlapping and conflicting requirements on establishing the 
applicable editions and addenda of the ASME B&PV and OM Codes to be 
used for the initial 120-month ISI and IST program intervals and have 
caused confusion during the NRC staff's review of design certification 
and COL applications. This RIS describes how the NRC staff, design 
certification applicants and COL applicants have addressed these 
requirements in the reviews of design certification and COL 
applications under 10 CFR part 52.

Summary of Issue

    The NRC regulations in 10 CFR part 52 allow a two-step process for 
licensing new nuclear power plants where a Standard Design 
Certification is granted with subsequent issuance of a COL referencing 
the certified design. Under this process, the regulations in 10 CFR 
52.47 require the design certification application to contain a level 
of design information sufficient to enable the Commission to judge the 
applicant's proposed means of assuring that construction conforms to 
the design and to reach a final conclusion on all safety questions 
associated with the design before the certification is granted. A 
Design Control Document (DCD) supporting a design certification 
application may provide general information on operational programs 
(such as ISI and IST programs) with allowance for flexibility by the 
COL applicant when developing plant-specific operational programs. The 
NRC staff reviews the general description of the operational programs 
in the DCD to ensure an adequate foundation for the plant-specific 
operational programs to be developed by COL applicants. With respect to 
IST programs, the NRC staff review of the DCD focuses on accessibility 
for the performance of IST activities. To reduce the amount of 
information needed in subsequent COL applications, some design 
certification applicants provide more detailed descriptions of ISI and 
IST operational programs in their DCDs than required by the NRC 
regulations for a design certification application.
    The NRC regulations in 10 CFR 52.79(a)(11) require a COL applicant 
to provide, in its safety analysis report, a description of the 
programs and their implementation necessary to ensure that the systems 
and components meet the requirements of the ASME B&PV Code and ASME OM 
Code in accordance with 10 CFR 50.55a at a level sufficient to enable 
the NRC to reach a final conclusion on all safety matters that must be 
resolved before COL issuance. In SECY-05-0197, ``Review of Operational 
Programs in a Combined License Application and General Emergency 
Planning Inspections, Tests, Analyses, and Acceptance Criteria 
[ITAAC],'' (Agencywide Documents Access and Management System (ADAMS) 
Accession No. ML052770257) dated October 28, 2005, the NRC concluded 
that operational programs (such as ISI and IST programs) could be fully 
described in a COL application and recognized that some operational 
programs would not be available at the time of COL issuance. In 
accordance with this guidance, the description of the program would 
contain the information necessary for the NRC staff to make a 
reasonable assurance finding on the acceptability of the operational 
program in the review of a COL application. This information would 
specify an edition and addenda of the ASME B&PV Code and OM Code that 
would be the basis for the ISI and IST program described in the COL 
application. The NRC staff developed license conditions to provide 
certainty as to when the operational programs would be implemented in 
support of plant startup.
    Following COL issuance, the NRC regulations in 10 CFR 
50.55a(f)(4)(i) and (g)(4)(i) require, in part, that inservice tests 
verify the operational readiness of safety-related pumps and valves and 
inservice examinations of components and system pressure tests 
conducted during the initial 120-month testing and inspection interval 
must comply with the requirements in the latest edition and addenda of 
the ASME B&PV Code and OM Code incorporated by reference in 10 CFR 
50.55a, on the date that occurs 12 months before the date scheduled for 
initial loading of fuel under a COL issued in accordance with 10 CFR 
part 52 (or the optional ASME Code cases listed in NRC RG 1.147 and

[[Page 12091]]

RG 1.192 that are incorporated by reference in 10 CFR 50.55a).
    Several years may elapse between the time when a design 
certification is granted and when a COL application is submitted 
referencing that certified design. Further, the construction of a 
nuclear power plant will require several years from the time of COL 
issuance until the commencement of fuel loading. Therefore, design 
certification and COL applicants and holders need to be aware of the 
interrelated requirements in 10 CFR 50.55a and 10 CFR part 52 regarding 
the development and implementation of ISI and IST programs for nuclear 
power plants to be licensed under 10 CFR part 52.
Design Certification and COL Applicants
    The NRC regulations in 10 CFR 52.79(a)(11) require that the COL 
applicant describe the IST and ISI programs and their implementation, 
necessary to ensure that the systems and components meet the 
requirements in the ASME OM Code and ASME B&PV Code, Section XI. NRC RG 
1.206, ``Combined License Applications for Nuclear Power Plants (LWR 
Edition),'' and SECY-05-0197 provide guidance for COL applicants in 
describing their IST and ISI programs in support of the COL 
applications. As part of its description of the IST and ISI programs, 
the COL applicant must identify the edition and addenda of the ASME OM 
Code and ASME B&PV Code, Section XI, to be used in developing its IST 
and ISI programs, respectively. In some cases, it may be the same 
edition and addenda used in the design certification. In other cases, 
it may be the latest edition and addenda of the ASME OM Code or ASME 
B&PV Code, Section XI, incorporated by reference in 10 CFR 50.55a at 
the time of the COL application. In describing IST and ISI programs, 
COL applicants should recognize that the NRC regulations in 10 CFR 
50.55a require updating of ISI and IST programs prior to fuel loading. 
Design certification applicants should also be aware of this 10 CFR 
50.55a requirement when describing IST and ISI programs in their DCDs 
for reference by COL applicants.
COL Licensees
    After the COL is issued, the COL licensee will initiate development 
of the ISI and IST programs to allow implementation of those programs 
in preparation for plant operation. During development of the ISI and 
IST programs, the COL licensee should be aware of the NRC regulations 
under 10 CFR 50.55a(f)(4)(i) and 10 CFR 50.55a(g)(4)(i) that require 
the COL licensee to develop its initial 120-month interval IST and ISI 
programs using the latest edition and addenda of the ASME OM Code and 
ASME B&PV Code, Section XI, incorporated by reference in 10 CFR 
50.55a(b) on the date that occurs 12 months before the date scheduled 
for initial loading of fuel. Therefore, the COL licensee should 
anticipate that the ASME B&PV Code and OM Code might be revised to 
incorporate industry operating experience and technological advances 
prior to fuel loading for its nuclear power plant.
NRC Staff Position
    The NRC staff recognizes that a COL licensee might encounter 
significant logistical and scheduling issues when converting its IST 
and ISI programs from the edition and addenda of the ASME OM Code and 
ASME B&PV Code specified in the COL application to the edition and 
addenda of these codes incorporated by reference in 10 CFR 50.55a on 
the date that occurs 12 months before fuel loading.
    The NRC regulations allow alternatives to the requirements of 10 
CFR 50.55a to be used if the applicant demonstrates that (1) the 
proposed alternative would provide an acceptable level of quality and 
safety, or (2) compliance with the specified requirements of 10 CFR 
50.55a would result in hardship or unusual difficulty without a 
compensating increase in the level of quality and safety. Therefore, a 
COL licensee may request authorization by the NRC staff to use an 
edition and addenda of the ASME OM Code for developing its initial 120-
month IST program that is earlier than that required under 10 CFR 
50.55a(f)(4)(i) and, similarly, to use an edition and addenda of the 
ASME B&PV Code, Section XI, for developing its initial 120-month ISI 
program that is earlier than that required under 10 CFR 
50.55a(g)(4)(i).
    One acceptable approach would be for the COL licensee to submit to 
the NRC a request to authorize, as an alternative, the use of the same 
edition and addenda of the ASME OM Code or ASME B&PV Code, Section XI, 
that was specified in the design certification or COL application for 
the initial 120-month IST and ISI programs. In its request for 
authorization of an alternative, the COL licensee would need to 
demonstrate that it meets one of the conditions described in 10 CFR 
50.55a. In addition, a COL licensee may request exemptions or 
departures for IST and ISI programs in accordance with Section VIII, 
``Processes for Changes and Departures'' which is located in each of 
the Appendices A-D of 10 CFR part 52.
    When evaluating a proposed alternative under 10 CFR 50.55a, the NRC 
staff will compare the IST and ISI provisions in the proposed code 
edition and addenda to the required edition and addenda of these codes 
incorporated by reference in 10 CFR 50.55a on the date that occurs 12 
months before fuel loading. As part of its review, the NRC staff will 
evaluate the differences between the IST and ISI provisions in those 
respective code editions and addenda. The NRC staff will also consider 
whether the alternative enables the testing and inspections applicable 
to NUREG-0933 generic safety issues and operational lessons learned 
that are incorporated into the design under 10 CFR 52.47(a)(21)and 
(22). Therefore, the design certification and COL applicants should 
consider the edition and addenda of the ASME OM Code and ASME B&PV 
Code, Section XI, specified in the descriptions of the IST and ISI 
programs in their design certification and COL applications, and 
whether those code editions and addenda reflect lessons learned from 
operating experience at nuclear power plants (including IST and ISI 
activities) and industry and regulatory research programs that will be 
incorporated into later code addenda and editions.
Preservice Inspection Using ASME B&PV Code, Section III
    The NRC staff has received inquiries from design certification and 
COL applicants about the edition and addenda of ASME B&PV Code, Section 
III that they should use for developing a preservice inspection (PSI) 
program. The NRC regulations in 10 CFR 50.55a(g)(3)(i) and (ii) 
require, in part, that Class 1 components and supports, and Class 2 and 
3 components and supports for Class 1 components must meet the 
preservice examination requirements set forth in the editions and 
addenda of Section III or XI of the ASME B&PV Code (or ASME OM Code for 
snubber examination and testing) incorporated by reference in 10 CFR 
50.55a that apply to the construction of the particular component. A 
design certification applicant may specify the edition and addenda of 
Section III of the ASME B&PV Code that has been incorporated by 
reference in 10 CFR 50.55a for the design of its Class 1, 2, and 3 
components. A COL licensee may use this same edition and addenda of 
Section III to develop its PSI program. However, the staff prefers that 
COL applicants specify the latest edition and addenda of ASME B&PV 
Code, Section III that is incorporated by reference in

[[Page 12092]]

10 CFR 50.55a. This action effectively minimizes the differences in 
preservice examination requirements when developing the ISI program but 
is not mandatory.
    For its initial 120-month interval, a COL licensee may submit to 
the NRC a request to authorize an alternative to use a different 
edition and addenda of ASME B&PV Code, Section III, than that 
established in the design certification application, or an earlier 
edition and addenda of ASME B&PV Code, Section XI, than that required 
by 10 CFR 50.55a(g)(3)(i), for developing its PSI program. According to 
10 CFR 50.55a, the COL licensee would need to demonstrate that (1) this 
edition and addenda of ASME B&PV Code, Section III or XI, would provide 
an acceptable level of quality and safety, or (2) compliance with the 
specified requirement to use the latest edition and addenda would 
result in hardship or unusual difficulty without a compensating 
increase in the level of quality and safety.
Risk-Informed IST and ISI Programs
    On several occasions, the NRC staff has been asked to define its 
position on Risk-Informed IST and ISI program submittals during the COL 
application process. A COL applicant or licensee may submit Risk-
Informed IST and ISI programs for NRC staff review and authorization as 
an alternative to the regulations as described in 10 CFR 50.55a. The 
COL applicant or licensee will need to satisfy the requirements for 
authorization of an alternative as specified in 10 CFR 50.55a.
    The NRC staff recommends that a conventional IST or ISI program be 
in place or developed before preparing a Risk-Informed IST or ISI 
program to facilitate the evaluation of the acceptability of the 
alternative program. This recommendation is based solely on the fact 
that the existing design certification applications, the Standard 
Review Plan acceptance criteria, the applicable NUREG documents, and 
the COL applications conform to the premise that conventional IST/ISI 
programs have been developed prior to a Risk-Informed program. No 
regulation requires that a conventional IST/ISI program be developed 
prior to a Risk-Informed IST or ISI program submission as an 
alternative. However, the NRC staff considers this approach to provide 
the most expedient course for review and approval of a Risk Informed 
IST or ISI program.

Backfit Discussion

    This RIS clarifies current regulatory requirements and provides 
voluntary options that a COL licensee may propose. The RIS imposes no 
new requirements and necessitates no action or written response. 
Therefore, it does not constitute a backfit under 10 CFR 50.109, 
``Backfitting,'' and the staff did not perform a backfit analysis.

Congressional Review Act

    [Discussion to be provided in the final RIS.]

Paperwork Reduction Act Statement

    This RIS does not contain new or amended information collection 
requirements that are subject to the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.). The Office of Management and Budget (OMB) 
approved the existing requirements under OMB approval numbers 3150-0011 
and 3150-0151.

Public Protection Notification

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

Contact

    Please direct any questions about this matter to Andrea Russell, 
Project Manager, telephone 301-415-8553, or email 
Andrea.Russell@nrc.gov.

    For the Nuclear Regulatory Commission.

    Dated at Rockville, Maryland, this 16th day of February 2012.
Kimyata Morgan-Butler,
Acting Chief, Generic Communications Branch, Division of Policy and 
Rulemaking, Office of Nuclear Reactor Regulation.
[FR Doc. 2012-4647 Filed 2-27-12; 8:45 am]
BILLING CODE 7590-01-P
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