Improved Identification Techniques Against Alkali-Silica Reaction (ASR) Concrete Degradation at Nuclear Power Plants, 65023-65032 [2019-25489]
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Federal Register / Vol. 84, No. 228 / Tuesday, November 26, 2019 / Proposed Rules
with large crops. The Board also
determined the recommended
promotion expenditures, which are
lower than in previous seasons, were
appropriate and further reduction might
hinder sales growth.
Based on these discussions and
estimated deliveries, the recommended
assessment rate of $0.00575 per pound
of tart cherries would provide
$1,326,755 in assessment income.
Further, the Board recommended
allocating $0.005 for promotional
expenses and $0.00075 for
administrative expenses. The Board
determined that assessment revenue,
along with funds from the reserve and
interest income, would be adequate to
cover budgeted expenses for the 2019–
20 fiscal year.
A review of historical information and
preliminary information pertaining to
the upcoming fiscal year indicates that
the average grower price for the 2019–
20 crop year should be approximately
$0.20 per pound of tart cherries.
Therefore, the estimated assessment
revenue for the 2019–20 crop year as a
percentage of total grower revenue
would be about 2.9 percent.
This proposed rule would decrease
the assessment obligation imposed on
handlers. Assessments are applied
uniformly on all handlers, and some of
the costs may be passed on to
producers. However, decreasing the
assessment rate reduces the burden on
handlers and may also reduce the
burden on producers.
The Board’s meeting was widely
publicized throughout the tart cherry
industry. All interested persons were
invited to attend the meeting and
participate in Board deliberations on all
issues. Like all Board meetings, the
September 12, 2019, meeting was a
public meeting, and all entities, both
large and small, were able to express
views on this issue. Finally, interested
persons are invited to submit comments
on this proposed rule, including the
regulatory and information collection
impacts of this action on small
businesses.
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C.
Chapter 35), the Order’s information
collection requirements have been
previously approved by the OMB and
assigned OMB No. 0581–0177, Tart
Cherries Grown in Michigan, New York,
Pennsylvania, Oregon, Utah,
Washington, and Wisconsin. No
changes in those requirements would be
necessary as a result of this proposed
rule. Should any changes become
necessary, they would be submitted to
OMB for approval.
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This proposed rule would not impose
any additional reporting or
recordkeeping requirements on either
small or large tart cherry handlers. As
with all Federal marketing order
programs, reports and forms are
periodically reviewed to reduce
information requirements and
duplication by industry and public
sector agencies.
AMS is committed to complying with
the E-Government Act, to promote the
use of the internet and other
information technologies to provide
increased opportunities for citizen
access to Government information and
services, and for other purposes.
USDA has not identified any relevant
Federal rules that duplicate, overlap, or
conflict with this proposed rule.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and orders may
be viewed at: https://www.ams.usda.gov/
rules-regulations/moa/small-businesses.
Any questions about the compliance
guide should be sent to Richard Lower
at the previously mentioned address in
the FOR FURTHER INFORMATION CONTACT
section.
A 30-day comment period is provided
to allow interested persons to respond
to this proposed rule.
List of Subjects in 7 CFR Part 930
Marketing agreements, Reporting and
recordkeeping requirements, Tart
cherries.
For the reasons set forth in the
preamble, 7 CFR part 930 is proposed to
be amended as follows:
PART 930—TART CHERRIES GROWN
IN THE STATES OF MICHIGAN, NEW
YORK, PENNSYLVANIA, OREGON,
UTAH, WASHINGTON, AND
WISCONSIN
1. The authority citation for 7 CFR
part 930 continues to read as follows:
■
Authority: 7 U.S.C. 601–674.
2. Section 930.200 is revised to read
as follows:
■
§ 930.200
Assessment rate.
On and after October 1, 2019, the
assessment rate imposed on handlers
shall be $0.00575 per pound of tart
cherries grown in the production area
and utilized in the production of tart
cherry products. Included in this rate is
$0.005 per pound of tart cherries to
cover the cost of the research and
promotion program and $0.00075 per
pound of tart cherries to cover
administrative expenses.
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65023
Dated: November 21, 2019.
Bruce Summers,
Administrator, Agricultural Marketing
Service.
[FR Doc. 2019–25651 Filed 11–25–19; 8:45 am]
BILLING CODE 3410–02–P
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 50
[Docket No. PRM–50–109; NRC–2014–0257]
Improved Identification Techniques
Against Alkali-Silica Reaction (ASR)
Concrete Degradation at Nuclear
Power Plants
Nuclear Regulatory
Commission.
ACTION: Petition for rulemaking; denial.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is denying a petition
for rulemaking (PRM), PRM–50–109,
dated September 25, 2014, submitted by
the C–10 Research and Education
Foundation (C–10 or the petitioner). The
petitioner requests that the NRC amend
its regulations to provide improved
identification techniques for better
protection against concrete degradation
due to alkali-silica reaction (ASR) at
U.S. nuclear power plants. The
petitioner asserts that reliance on visual
inspection will not adequately identify
ASR, confirm ASR, or provide the
current state of ASR damage without
petrographic examination. The NRC is
denying the petition because existing
NRC regulations and NRC oversight
activities provide reasonable assurance
of adequate protection of public health
and safety. Specifically, existing NRC
regulations are sufficient to ensure that
concrete degradation due to ASR will
not result in unacceptable reductions in
the structural capacity of safety-related
structures at nuclear power plants.
DATES: The docket for the petition for
rulemaking PRM–50–109 is closed on
November 26, 2019.
ADDRESSES: Please refer to Docket ID
NRC–2014–0257 when contacting the
NRC about the availability of
information regarding this petition. You
can obtain publicly-available documents
related to the petition using any of the
following methods:
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
on the petition Docket ID NRC–2014–
0257. Address questions about NRC
dockets to Carol Gallagher; telephone:
301–415–3463; email: Carol.Gallagher@
nrc.gov. For technical questions, contact
the individual listed in the FOR FURTHER
SUMMARY:
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Federal Register / Vol. 84, No. 228 / Tuesday, November 26, 2019 / Proposed Rules
section of this
document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable 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
Document Room (PDR) reference staff at
1–800–397–4209, 301–415–4737, or by
email to pdr.resource@nrc.gov. The
ADAMS accession number for each
document referenced (if it is available in
ADAMS) is provided the first time that
it is mentioned in the SUPPLEMENTARY
INFORMATION section. For the
convenience of the reader, instructions
about obtaining materials referenced in
this document are provided in Section
V, Availability of Documents.
• 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.
FOR FURTHER INFORMATION CONTACT:
Yanely Malave, Office of Nuclear
Material Safety and Safeguards,
telephone: 301–415–1519, email:
Yanely.Malave@nrc.gov, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001.
SUPPLEMENTARY INFORMATION:
INFORMATION CONTACT
Table of Contents
I. The Petition
II. Public Comments on the Petition
III. Reasons for Denial
IV. Conclusion
V. Availability of Documents
I. The Petition
On September 25, 2014, C–10, with
assistance from the Union of Concerned
Scientists (UCS), submitted a petition
for rulemaking to the NRC (ADAMS
Accession No. ML14281A124). The NRC
docketed the petition on October 8,
2014, and assigned Docket No. PRM–
50–109 to the petition. The petitioner
requests that the NRC amend its
applicable regulations to provide
identification techniques for better
protection against concrete degradation
due to ASR at U.S. nuclear power
plants. Specifically, the petitioner
requests that the NRC require that all
licensees comply with American
Concrete Institute (ACI) Committee
Report 349.3R, ‘‘Evaluation of Existing
Nuclear Safety-Related Concrete
Structures’’ (ACI 349.3R), and American
Society for Testing and Materials
(ASTM) Standard C856–11, ‘‘Standard
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Practice for Petrographic Examination of
Hardened Concrete’’ (ASTM C856–11).
The petitioner previously submitted a
request for enforcement action in
accordance with § 2.206 of title 10 of the
Code of Federal Regulations (10 CFR),
‘‘Requests for action under this
subpart,’’ specific to Seabrook Station
(ADAMS Accession No. ML16006A002).
That petition was rejected by the NRC
in a letter dated July 6, 2016 (ADAMS
Accession No. ML16169A172), because
the request addressed deficiencies
within existing NRC rules, similar to
those raised in PRM–50–109. While
mention of Seabrook Station, which is
the only nuclear power plant with a
documented occurrence of ASR to date,
is included in this document in
response to the petitioner’s comments,
the NRC’s focus in this denial is on the
generic request that the NRC require
that all licensees of nuclear plants
comply with ACI 349.3R and ASTM
C856–11.
The petitioner raises the following
three specific issues in PRM–50–109.
Issue 1: Visual inspections are not
adequate to detect ASR, confirm ASR,
or provide the current state of ASR
damage.
The petitioner asserts that visual
inspections are not capable of
adequately identifying ASR, confirming
ASR, or providing accurate information
on the state of ASR damage (i.e., its
effect on structural capacity). The
petitioner also asserts that only
petrographic examinations (the use of
microscopes to examine samples of rock
or concrete to determine their
mineralogical and chemical
characteristics) in accordance with
ASTM C856–11 are capable of
determining or confirming whether ASR
is present and determining the state of
ASR damage. The petitioner offers
additional information in five areas
related to this issue.
A. At an NRC public meeting at
Seabrook Station on June 24, 2014,
when C–10 asked if the NRC was
investigating U.S. nuclear power plants
for ASR concrete degradation, the NRC
staff responded that ASR concrete
degradation could be adequately
identified through visual examination.
B. When structural degradation is
occurring, the petitioner asserts that it is
critical to determine the root cause and
confirm the form of degradation. The
petitioner also asserts that the NRC has
stated that ASR is confirmed only
through petrographic examination, and
in support of this statement the
petitioner references an enclosure to a
letter from the licensee for Seabrook
Station, NextEra Energy Seabrook, LLC
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(NextEra) to the NRC, May 1, 2013
(ADAMS Accession No. ML13151A328).
C. Commentaries by materials science
expert Dr. Paul Brown, provided by C–
10 and the UCS, challenge the central
hypothesis in the report submitted by
NextEra, ‘‘Seabrook Station: Impact of
Alkali-Silica Reaction on Concrete
Structures and Attachments’’ (ADAMS
Accession No. ML12151A397). As
summarized in the petition, Dr. Brown
challenges the conclusion in the report
that ‘‘confinement reduces cracking, and
taking a core bore test would no longer
represent the context of the structure
once removed from the structure.’’
D. The petitioner also asserts that the
NRC memorandum titled, ‘‘Position
Paper: In Situ Monitoring of AlkaliSilica Reaction (ASR) Affected Concrete:
A Study on Crack Indexing and Damage
Rating Index to Assess the Severity of
ASR and to Monitor ASR Progression’’
(ADAMS Accession No. ML13108A047),
supports the assertion that visual
examination is insufficient to reliably
identify ASR or evaluate its state
(including contribution to rebar stress).
The petitioner cites portions of the
paper, which state that ASR can exist
without indications of pattern cracking,
visible surface cracking may be
suppressed by heavy reinforcement
while internal damage exists through
the depth of the section, and crack
mapping alone to determine ASR effects
on the structure does not allow for the
consideration of rebar stresses.
E. Finally, the petitioner asserts that
visual inspections are of limited scope
and cannot identify areas of degradation
in many portions of concrete structures,
such as below-grade portions that
cannot be visually examined but are
most likely to be exposed to
groundwater and be more vulnerable to
ASR. The petitioner notes as an example
cracking in the concrete wall of the
shield building of the Davis-Besse
Nuclear Power Station. This condition
was discovered in 2011, when a hole
was cut through the building’s wall to
replace the reactor vessel head, but had
remained undetected by visual
inspections for a long period.
Issue 2: ACI and ASTM codes and
standards address the detection and
evaluation of ASR damage.
The petitioner asserts that ACI 349.3R
provides an acceptable means of
protecting against excessive ASR
concrete degradation and is endorsed by
the NRC in Information Notice (IN)
2011–20, ‘‘Concrete Degradation by
Alkali-Silica Reaction’’ (ADAMS
Accession No. ML112241029).
Quantitative criteria in ACI 349.3R can
be used to evaluate inspection results.
The petitioner also states that ASTM
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C856–11 is an acceptable means of
conducting petrographic examination.
The petitioner also provided
information specific to activities at
Seabrook Station related to the
implementation of ACI 349.3R and the
American Society of Mechanical
Engineers (ASME) Boiler and Pressure
Vessel Code (BPV Code), Section XI,
Subsection IWL. The petitioner states
that ACI 349.3R requires the formation
of a ‘‘composite team,’’ consisting of
qualified civil or structural engineers,
concrete inspectors, and technicians
familiar with concrete degradation
mechanisms and long-term performance
issues, to effectively identify and
evaluate concrete degradation,
including degradation due to ASR.
The petitioner claims that NextEra did
not have a composite team as specified
in ACI 349.3R, and since it became the
owner of Seabrook Station, NextEra has
not had a trained and dedicated
‘‘responsible engineer’’ conducting the
inspections to accurately record the
results or take further action as required.
The petitioner asserts that NextEra
failed to test the concrete despite the
extent of cracking visibly increasing,
and that NextEra never had a codecertified ‘‘responsible engineer’’ doing
Submission No.
1
2
3
4
5
the visual inspections of the Seabrook
containment in accordance with ASME
BPV Code, Section XI, Subsection IWL.
Issue 3: Regulations should require
compliance with ACI 349.3R and ASTM
C856–11.
The petitioner states that, although
both ACI 349.3R and ASTM C856–11
are endorsed by the NRC, the NRC does
not require nuclear power plant
licensees to implement either of these
standards.
To support the position that use of the
standards should be required, the
petitioner offers Seabrook Station’s ASR
concrete degradation as an example that
would have been identified before it
caused moderate to severe degradation
in seismic Category I structures if the
NRC had required compliance with
these existing standards. The petitioner
claims that when NextEra determined
131 locations with ‘‘assumed’’ ASR
visual signs within multiple powerblock structures during 2012, further
engineering evaluations were not done.
The petitioner also claims that, since
discovering the situation, the NRC has
not required Seabrook Station to: (1)
Test a core bore taken from the
containment; (2) use certified laboratory
testing of key material properties to
determine the extent of condition; or (3)
ADAMS
accession No.
6 ..............................................
7 ..............................................
8 ..............................................
9 ..............................................
10 ............................................
ML15076A460
ML15085A523
ML15089A284
ML15097A337
ML15112A265
G. Dudley Shepard ................
Jason Remer .........................
James M. Petro, Jr ................
Anonymous ............................
Scott Bauer ............................
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concrete degradation due to ASR, and
C–10’s proposed solutions (i.e.,
requiring compliance with ACI 349.3R
and ASTM C856–11 via regulation) are
appropriate to adequately detect ASR
degradation. (Submission 4, Submission
5, Submission 6)
NRC Response: Although the NRC
agrees with the petitioner that visual
inspections are not enough to positively
confirm ASR, the staff finds visual
inspection sufficient to detect ASR
concrete degradation before the safety
function of a structure or component
would be significantly degraded. The
NRC disagrees with the comments that
ACI 349.3R and ASTM C856–11 should
be regulatory requirements. The current
ASR literature and case history, as
PO 00000
The NRC published a notice of
docketing of PRM–50–109 on January
12, 2015 (80 FR 1476). The public
comment period closed on March 30,
2015. Comment submissions on this
petition are available electronically via
https://www.regulations.gov using
docket number NRC–2014–0257.
Overview of Public Comments
The NRC received 10 different
comment submissions on the PRM. A
comment submission is a
communication or document submitted
to the NRC by an individual or entity,
with one or more individual comments
addressing a subject or issue. Eight of
the comment submissions were received
during the public comment period. Two
of the comment submissions were
received after the comment period
closed. The NRC determined that it was
practical to consider the comment
submissions received after the public
comment period closed and considered
all 10 received. Key information for
each comment submission is provided
in the following table.
Private Citizen.
Private Citizen.
Private Citizen.
Union of Concerned Scientists.
Blue Ridge Environmental Defense League—Bellefonte Efficiency and Sustainability Team/Mothers Against Tennessee River Radiation (BREDL/BEST/MATRR).
Private Citizen.
Nuclear Energy Institute.
NextEra Energy.
Anonymous.
STARS Alliance.
Josephine Donovan ...............
Lynne Mason .........................
Katherine Mendez ..................
David Lochbaum ....................
Garry Morgan .........................
Comment Bin 1: Existing inspection
techniques will not adequately detect
II. Public Comments on the Petition
Affiliation
ML15026A339
ML15026A338
ML15027A178
ML15076A457
ML15076A459
NRC Responses to Comments on PRM–
50–109
obtain the data necessary to monitor the
rate of progression.
Commenter
..............................................
..............................................
..............................................
..............................................
..............................................
Seven commenters expressed support
for the PRM and proposed identification
techniques, while the three remaining
commenters (numbers 7, 8, and 10)
opposed the PRM in part or in whole.
Based on similarity of content, the
public comments were grouped into six
bins. The NRC reviewed and considered
the comments in making its decision to
deny the PRM. Summaries of each bin
and the NRC’s responses are provided in
the following discussion in an order that
provides appropriate context for the
response to each of the comment bins.
65025
Frm 00005
Fmt 4702
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described in Section III and referenced
in Section V, ‘‘Availability of
Documents,’’ of this document, provide
no evidence that ASR would degrade
the safety function of a structure or
component before it expands to a degree
that would cause visible symptoms,
such as cracking. Existing regulations
require inspection methods that can
detect applicable degradation
mechanisms (including ASR) and
require that significant degradation
regardless of cause be addressed
appropriately through additional plantspecific inspections or structural
evaluations. Furthermore, the
documents (ACI 349.3R and ASTM
C856–11) do not provide specific
guidance for identifying ASR
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degradation in structures. Therefore,
requiring their use via regulation would
not provide improved techniques for
identifying ASR degradation. Additional
details on the NRC’s position can be
found in Section III, ‘‘Reasons for
Denial,’’ of this document.
Comment Bin 2: The NRC should
grant the C–10 petition for rulemaking
because visual inspection of ASR
concrete degradation is insufficient.
(Submission 1, Submission 2)
NRC Response: The NRC disagrees
with this comment. As indicated in the
response to Comment Bin 1, there is no
evidence in current ASR literature and
case history that ASR would degrade the
safety function of a structure or
component before it expands to a degree
that would cause visible symptoms. In
addition, NRC staff finds visual
inspection sufficient to detect ASR
concrete degradation before the safety
function of a structure or component
would be degraded. Moreover, the
commenters did not provide a basis for
their position that visual inspection of
concrete degradation is insufficient to
identify ASR that would lead to
unacceptable changes in concrete
structural properties.
Comment Bin 3: The NRC should
investigate the concrete cracks at
Seabrook Station because the concrete
degradation poses serious safety
concerns. (Submission 3)
NRC Response: The NRC views this
comment as a request for regulatory
action outside the scope of PRM–50–
109. As discussed in Section III of this
document, the NRC has referred this
comment to its Region I allegations staff,
and has advised the commenter of this
request.
Comment Bin 4: The nuclear industry
does not believe that rulemaking is
necessary to resolve issues related to
inspecting concrete for ASR
degradation. Following the issuance of
NRC IN 2011–20, licensees took
appropriate actions by: (a) Recording
the issue in the Institute for Nuclear
Power Operations Operating Experience
system; and (b) updating their
Structures Monitoring Program,
improving procedures, and informing
responsible individuals concerning
examination for conditions that could
potentially indicate the presence of
ASR. In addition, there already exist
ample regulatory requirements to ensure
appropriate attention is given to
potentially degraded concrete, including
due to ASR. (Submission 7, Submission
10)
NRC Response: The NRC agrees with
the comment. By issuing IN 2011–20,
the NRC made the U.S. nuclear power
industry aware of the operating
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experience related to ASR concrete
degradation at Seabrook Station.
Licensees are expected to evaluate INs
in their operating experience programs
and to incorporate, as appropriate and
applicable, the information into their
monitoring programs and procedures.
Multiple license renewal applications
(LRAs) submitted after the issuance of
IN 2011–20 included information that
demonstrates the monitoring programs
have been updated to inspect for ASR
degradation, regardless of the aggregate
reactivity test results from construction
(see, for example, Section 3.5.2.2.2.1.2
of LaSalle County Station LRA (ADAMS
Accession No. ML14343A849),
Waterford Steam Electric Station LRA
(ADAMS Accession No. ML16088A324),
and River Bend Station LRA (ADAMS
Accession No. ML17153A282)).
Existing regulations such as § 50.55a,
‘‘Codes and Standards’’; § 50.65,
‘‘Requirements for monitoring the
effectiveness of maintenance at nuclear
power plants’’; 10 CFR part 50,
appendix B, ‘‘Quality Assurance Criteria
for Nuclear Power Plants and Fuel
Reprocessing Plants’’; 10 CFR part 50,
appendix J, ‘‘Primary Reactor
Containment Leakage Testing for WaterCooled Power Reactors’’; and 10 CFR
part 54, ‘‘Requirements for Renewal of
Operating Licenses for Nuclear Power
Plants,’’ require licensees to monitor the
performance or condition of structures
and take corrective action to address
degraded or nonconforming conditions
in a manner commensurate with the
safety significance of the structures.
Compliance with these regulations
provides reasonable assurance that
affected structures remain capable of
performing their intended functions.
Further, the NRC confirms the
acceptability of licensees’ approaches
through processes such as the reactor
oversight process, license renewal, and
review of licensees’ responses to generic
communications (e.g., bulletins, generic
letters, and INs that address significant
industry events, operating experience,
and degradation-specific issues that may
have generic applicability). The existing
regulatory requirements and processes
provide reasonable assurance of
adequate protection of public health and
safety against the potential results of
degradation of concrete structures;
therefore, it is not necessary to amend
the NRC’s regulations.
The technical comments and
clarifications made by the commenters
related to ACI 349.3R and the role of
visual inspections are addressed in
Section III of this document.
Comment Bin 5: New rulemaking is
not necessary to resolve issues related to
inspecting concrete for ASR. The ACI
PO 00000
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349.3R and ASTM C856–11 have been
used for investigation of ASR conditions
at Seabrook Station; however, neither
standard provides inspectors with new
or improved means to identify, monitor,
or assess ASR-impacted structures, as
implied by the petition. The commenter
questions the basis of the petition,
including misconceptions and factual
errors made in the petition concerning
NextEra activities at Seabrook Station.
(Submission 8)
NRC Response: The NRC agrees with
the comment that new rulemaking is not
needed. The guidance in ACI 349.3R is
primarily based on visual inspection,
addresses only commonly occurring
degradation conditions in nuclear
structures, and provides very limited
guidance with regard to ASR
identification, monitoring, and
evaluation. Therefore, it is not
considered an authoritative document
for ASR. ASTM C856–11 is a consensus
standard that provides an established
method for conducting petrography that
can be used to confirm the diagnosis of
ASR. Neither ACI 349.3R nor ASTM
C856–11, however, provides a method
for monitoring progression, or
evaluating and quantifying observed
ASR effects on structural capacity or
performance. These documents have
been in existence since 1996 (for ACI
349.3R) and 1977 (for ASTM C856–11)
and do not provide any new or
improved methods beyond what is
already standard practice in the
concrete industry.
The portions of the comment
concerning NextEra activities at
Seabrook Station are addressed in
Section III of this document.
Comment Bin 6: Current ASME testing
protocols should be followed. Ultrasonic
testing should be conducted for reactor
pressure vessels to test for defects and
radiation filters should be installed on
pressure vents as a post-Fukushima
precaution. (Submission 9)
NRC Response: As stated in Section
III of this document, Section
50.55a(g)(4) requires compliance with
the ASME BPV Code, Section XI. The
ASME BPV Code, Section XI,
Subsection IWL, provides techniques for
examination and evaluation of concrete
surfaces that licensees follow under
their licensing bases. The comments
pertaining to ultrasonic testing of
reactor pressure vessels and installation
of radiation filters are not related to ASR
degradation and are outside the scope of
PRM–50–109.
III. Reasons for Denial
The NRC has determined that
rulemaking, as requested in the petition,
is not needed for reasonable assurance
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of adequate protection of public health
and safety at nuclear power plants with
respect to ASR. The NRC’s evaluation of
the three issues raised in PRM–50–109
are set forth below.
Issue 1: Visual Inspections are not
adequate to detect ASR, confirm ASR,
or provide the current state of ASR
damage.
The NRC agrees with the petitioner
that visual inspections are not enough to
positively confirm ASR. However, given
the slow progression of ASR, visual
inspections are sufficient to identify
manifestations of potentially damaging
ASR before the safety function of a
structure or component would be
degraded. This would be sufficient to
inform whether further actions should
be taken. Therefore, the NRC’s position
is that visual examination is acceptable
for routinely monitoring concrete
structures to identify areas of potential
structural distress or degradation,
including degradation due to ASR. This
position is supported by the current
ASR literature and case history, as
referenced in Section V of this
document. The occurrence of ASR
expansion results in one or more
common visual indications (e.g.,
expansion causing deformation,
movement, or displacement; cracking;
surface staining; gel exudations; popouts) prior to causing significant
structural degradation (as shown in
Federal Highway Administration
(FHWA)–HIF–09–004 and Canadian
Standards Association (CSA) A864–00,
referenced in Section V of this
document). However, the presence of
one or more of these visual symptoms
is not necessarily an indication that
ASR is the main factor responsible for
the observed symptoms. If there are
visual indications, the presence or
absence of ASR should be confirmed by
an acceptable method such as
petrographic examination.
Based on this information, the NRC
maintains that visual examination is an
acceptable method for detecting
indications of ASR degradation. Once
ASR is suspected based on visual
indications, the licensee would need to
conduct additional inspections, testing
(non-destructive or invasive),
petrographic analysis, or structural
evaluations, as appropriate to the
specific case, to evaluate the effects of
ASR on structural performance under
design loads. This general approach is
similar to and consistent with the
approach recommended in literature
related to ASR (e.g., FHWA–HIF–09–
004 and guidance by the Institution of
Structural Engineers, referenced in
Section V of this document).
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The NRC evaluated the following five
areas in which the petitioner provided
additional information related to this
issue.
A. Regarding the statements made by
the NRC staff during the June 24, 2014,
public meeting the NRC staff stated that
it finds the use of visual examination
acceptable for routine periodic
monitoring, in implementing a
structures monitoring program under
§ 50.65 and the containment inservice
inspection program under § 50.55a, and
in identifying the general condition of
concrete structures and areas that are
suspected to have deterioration or
distress due to any degradation
mechanism, including ASR. If the
licensee identifies visual indications of
ASR, the next step would be to confirm
ASR by petrographic examination or
other acceptable methods, and conduct
further assessments, as necessary, to
determine the impact on the structure’s
intended functions and the need for
corrective actions, as required by
appendix B to 10 CFR part 50. While
visual inspections alone would not
confirm the presence or absence of ASR,
a petrographic examination of concrete
is not necessary prior to manifestation
of visual symptoms of ASR, given the
minimal impact ASR has on structural
performance of reinforced concrete
structures at this stage. The NRC
maintains its position that visual
examination is an acceptable approach
for assessing the concrete’s general
condition and identifying areas of
potential structural distress or
deterioration, including areas where
ASR is suspected.
B. Specific to the petitioner’s
statement related to the need to
determine the root cause of degradation,
existing NRC regulations require that
licensees promptly identify conditions
adverse to quality, determine the cause,
and take corrective actions. Specifically,
Criterion XVI, ‘‘Corrective Action,’’ of
10 CFR part 50, appendix B requires
that conditions adverse to quality such
as failures, malfunctions, deficiencies,
deviations, defective material and
equipment, and nonconformances are
promptly identified and corrected. In
the case of significant conditions
adverse to quality, the measures shall
assure that the cause of the condition is
determined and corrective action taken
to preclude repetition. The NRC agrees
that, while other techniques may
emerge, petrographic examination of the
concrete sample under a microscope is
a well-established technique to confirm
the presence or absence of ASR at any
stage.
Once ASR is confirmed at a site by
petrographic examination (conducted
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65027
after manifestation of characteristic
visual symptoms), it is conservative to
assume that other structures exhibiting
visible symptoms are also affected,
based on similarity of materials and
environmental exposure conditions. The
degradation can then be addressed
accordingly.
Appendix B to 10 CFR part 50 already
requires the identification of a
significant condition adverse to quality,
the determination of the cause of the
condition through root cause analyses
and appropriate follow-up corrective
actions. Therefore, a generic revision to
the NRC’s regulations is not necessary.
C. The NRC has previously responded
to the statements referenced by the
petitioner from Dr. Paul Brown, which
were included in a letter from UCS to
the NRC dated November 4, 2013
(ADAMS Accession No. ML13309B606).
In a December 6, 2013 response
(ADAMS Accession No. ML13340A405),
the NRC noted that information from
drilled cores may be valuable for
assessing the impact of ASR on
concrete; however, the use of test data
from cores alone may not be an
appropriate, realistic indicator of overall
structural performance.
Additionally, the NRC notes that ASR
literature and case history indicate that
ASR has a much more detrimental effect
on the mechanical properties of
concrete cores and cylinders than on the
structural behavior of reinforced
concrete structural components and
systems (as described in TXDOT
Technical Report No. 12–8XXIA006 and
the ACI Structural Journal article
referenced in Section V of this
document). These documents indicate
that the empirical relationships in the
ACI codes between concrete-cylinder
compressive strength and other
mechanical properties, including
structural capacity, may not necessarily
remain valid for ASR-affected
structures. Reinforced concrete
structures and components respond to
load as part of a composite structural
system in which there are external
restraints, internal confinement, and
interaction between the steel
reinforcement and the concrete.
Therefore, an evaluation of the impact
of ASR on performance of affected
reinforced concrete structural
components and systems should
consider the context to obtain a realistic
assessment of the impact on structural
capacity. The use of core test data in the
traditional manner, alone, may not be
appropriate or realistic to assess
structural performance of ASR-affected
structures.
D. Regarding the petitioner’s reference
to the NRC position paper (ADAMS
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Accession No. ML13108A047), that
document is not an official NRC
position on the topic, but rather was
prepared by an individual staff member
to facilitate internal technical
discussion and inform staff review of an
issue. The NRC’s current position on the
role of visual inspections in identifying
ASR is set forth in this document. The
referenced position paper does not state
that visual examination is insufficient to
identify indications of ASR. However, it
does note that surface cracking or crack
mapping, alone, may not indicate the
severity of ASR degradation and is not
adequate to determine structural effects
of ASR. The NRC agrees that surface
crack mapping alone is not adequate to
monitor ASR progression and to address
its structural effects. In addition,
petrographic examination provides very
limited information to evaluate the
structural effects of ASR.
Addressing visual indications of a
potential concrete-degradation issue
does not end with the visual inspection.
Under existing NRC regulations, if
indications of distress or deterioration
are visually identified, licensees are
required to address the effects of the
observed degradation and demonstrate
that the structure remains capable of
performing its safety functions.
Depending on the observed conditions,
this can be accomplished through
additional inspections, testing,
structural evaluations, or a combination
thereof.
E. Specific to the petitioner’s
comment on the limited scope of visual
inspections, the NRC agrees that visual
inspections cannot directly identify
degradation in inaccessible portions of
concrete structures. However, many
below-grade structures in nuclear power
plants are accessible for visual
inspection on the interior face of the
concrete. Additionally, ASR degradation
or expansion in inaccessible areas
would manifest visually in accessible
areas, in the form of cracking,
displacements, or deformations, before
causing a significant structural impact.
As noted previously, current ASR
literature and case history show that
visual inspections are sufficient to
identify manifestations of potentially
damaging ASR before there would be
significant structural impacts. For
concrete containment structures,
existing regulations in
§ 50.55a(b)(2)(viii) require evaluation of
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. Therefore,
existing regulations, regulatory
guidance, and licensee programs have
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provisions to adequately address
degradation in inaccessible areas.
The issue of laminar cracking in the
shield building at Davis-Besse,
referenced by the petitioner, has no
connection to ASR detection. DavisBesse was a unique situation resulting
from a combination of extreme
environmental conditions and the
design configuration of the shield
building. The licensee evaluated the
issue, including operability
determinations and root cause analysis
in its corrective action program; and the
NRC’s continued oversight of the issue
has been documented in a series of NRC
inspection reports, the latest of which is
IR 05000346/2014008, dated May 28,
2015 (ADAMS Accession No.
ML15148A489).
Issue 2: Codes and standards exist for
detecting and evaluating ASR damage.
The NRC disagrees that there are
consensus codes or standards sufficient
to provide guidance for detecting and
evaluating ASR damage. The scope of
both ACI 349.3R and ASTM C856–11
are discussed separately below.
A. The ACI 349.3R is an ACI
committee technical report intended to
provide recommended guidance for
developing and implementing a
procedure for inspection and evaluation
of many common concrete degradation
mechanisms in nuclear concrete
structures. It contains only very limited
general information regarding ASR. ASR
is not a common condition in nuclear
power plants, and the quantitative
evaluation criteria provided in the
document have little or no specific
applicability to ASR degradation.
Therefore, ACI 349.3R is not an
authoritative document to address and
evaluate the impact of ASR on intended
functions of affected structures.
The discussion of evaluation
techniques in ACI 349.3R recommends
visual inspection as the initial
technique used for any evaluation, and
states that visual inspection can provide
significant quantitative and qualitative
data regarding structural performance
and the extent of any degradation. The
recommended approach places
emphasis on the use of general
condition survey practices (visual
inspection) in the evaluation,
supplemented by additional testing or
analysis as needed, based on the results
of the general survey. Chapter 5,
‘‘Evaluation Criteria,’’ of ACI 349.3R
states: ‘‘these guidelines focus on
common conditions that have a higher
probability of occurrence and are not
meant to be all-inclusive. These criteria
primarily address the classification and
treatment of visual inspection findings
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because this technique will have the
greatest usage.’’
Although ACI 349.3R provides useful
general guidance for the development
and implementation of a monitoring
plan for concrete structures, the NRC
has neither formally endorsed nor
approved it for use. Instead, IN 2011–20
simply mentions ACI 349.3R as a
resource where additional information
may be found regarding visual
inspections (ADAMS Accession No.
ML112241029). Since ASR degradation
would need to be addressed on a
degradation-specific and plant-specific
basis, requiring the use of ACI 349.3R
would not provide better protection
against ASR concrete degradation than
the current NRC requirements.
Related to the petitioner’s comments
on ‘‘composite teams,’’ the NRC agrees
that qualified personnel should be used
to conduct activities pertaining to
safety-related functions of structures,
systems, and components (SSCs).
Existing regulations provide for this in
the quality assurance program
requirements under appendix B to 10
CFR part 50. This appendix requires
applicants and licensees to establish
and implement a quality assurance
program that applies to all activities
affecting the safety-related functions of
SSCs. This program specifies controls to
provide adequate confidence that SSCs
will perform satisfactorily in service,
including appropriate qualification and
training of personnel performing
activities affecting quality to assure
suitable proficiency. This adequate
confidence is part of the basis for
concluding that reasonable assurance of
adequate protection is provided. The
ASME BPV Code, Section XI,
Subsection IWL, defines specific
qualifications and responsibilities of the
‘‘responsible engineer,’’ who evaluates
the examination results and the
condition of the structural concrete
related to the containment. Section
50.55a(g)(4) requires compliance with
the ASME BPV Code, Section XI. In
addition to § 50.55a requirements for
containments, safety-related structures
are monitored under § 50.65 (the
maintenance rule), and the associated
qualification requirements are typically
provided in the licensee’s implementing
procedures, based on their 10 CFR part
50, appendix B program.
As for the petitioner’s claim related to
the implementation of ACI 349.3R at
Seabrook Station, including the
formation of a composite team, this
topic is outside the scope of the NRC’s
consideration of the generic rulemaking
action in response to PRM–50–109.
However, this apparent claim of
licensee wrongdoing was considered by
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the NRC’s allegations staff in Region I.
After discussions with the petitioner, it
was confirmed that the petitioner cited
the issues with NextEra as examples of
its concerns with regulations and did
not intend the issues to be considered
as allegations.
B. Regarding the petitioner’s
comments on ASTM C856–11, although
the NRC has neither formally endorsed
nor approved its use, the NRC agrees
that ASTM C856–11 is a consensus
standard that details how to conduct
petrographic analysis of concrete bores
and provides an acceptable method to
positively confirm the diagnosis of ASR.
However, it does not provide any
guidance on when cores should be
taken, from where cores should be
taken, how many cores should be taken,
or how frequently cores should be
taken. Also, it does not provide a
method to evaluate ASR damage for
impact on structural performance.
ASTM C856–11 outlines procedures
for the petrographic examination of
samples of hardened concrete for a
variety of purposes. One of the purposes
of this consensus standard is identifying
visual evidence to establish whether
ASR has taken place, what aggregate
constituents were affected, and what
evidence of the reaction exists.
Petrographic examination provides an
assessment of the extent of ASR gel
development and its intrusion into the
pores of the concrete sample; however,
petrographic examination does not
indicate the impact of the ASR reaction
on the structural performance under
design loads. Furthermore, ASTM
C856–11 does not provide any guidance
on monitoring or evaluating a concrete
structure, such as when to take cores, or
which portion of a structure should be
evaluated via core bores.
Materials laboratories that perform
petrographic examination of hardened
concrete samples typically follow the
current ASTM C856 standard practice
for the application, unless another
specific procedure is specified in the
request. The standard to which a plantspecific petrographic examination is
performed is specified by the licensee
and not addressed in the regulations.
However, appendix B to 10 CFR part 50
requires licensees to ensure that
activities affecting safety-related
functions are controlled to provide
adequate confidence that SSCs will
perform satisfactorily in service. Also,
10 CFR part 50, appendix A, ‘‘General
Design Criteria for Nuclear Power
Plants,’’ Criterion 1, ‘‘Quality standards
and records,’’ requires, in part, that
‘‘where generally recognized codes and
standards are used, they shall be
identified and evaluated to determine
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their applicability, adequacy, and
sufficiency and shall be supplemented
or modified as necessary to assure a
quality product in keeping with the
required safety function.’’ Therefore, the
licensee must ensure the analysis is
sufficient to identify ASR.
In summary, both ACI 349.3R and
ASTM C856–11 provide useful guidance
and methods licensees may adopt, as
applicable, to meet requirements in
existing NRC regulations, such as
§ 50.55a, § 50.65, and 10 CFR part 54.
However, neither of the documents
provide methods to comprehensively
address the long-term structural impact
and management of ASR degradation.
Issue 3: Regulations should require
compliance with ACI 349.3R and ASTM
C856–11.
The NRC disagrees that its regulations
need to be revised to require compliance
with ACI 349.3R and ASTM C856–11.
The NRC’s existing regulations are
sufficient to provide reasonable
assurance of adequate protection of
public health and safety due to concrete
degradation, including ASR.
The petition does not take into
account the NRC’s existing regulatory
requirements that each nuclear power
reactor licensee must meet to
demonstrate the ongoing capability of
structures to perform their intended
safety functions. The NRC’s regulatory
requirements are applicable to all
operating reactors and focused on
overall structure and component
performance requirements necessary to
maintain intended safety functions. The
NRC’s regulations do not typically
prescribe how licensees must meet the
requirements, nor do the regulations
normally address degradation-specific
issues. The following discussion
identifies and briefly summarizes the
relevant regulatory requirements and
processes and explains how they require
licensees to address ASR before it
becomes a safety issue.
• Section 50.65 requires licensees to
monitor the performance or condition of
SSCs under its scope, including safetyrelated structures, considering industrywide operating experience, in a manner
sufficient to provide reasonable
assurance that these SSCs are capable of
fulfilling their intended functions. For
structures, this requirement is normally
met by periodically monitoring their
condition on a frequency that is
commensurate with their safety
significance and condition. If the basic
assessments identify degradation,
additional degradation-specific
condition monitoring is required, along
with more frequent assessments until
the degradation is addressed. Regulatory
Guide (RG) 1.160, ‘‘Monitoring the
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65029
Effectiveness of Maintenance at Nuclear
Power Plants,’’ provides guidance on
methods acceptable to the NRC staff for
implementation of the maintenance rule
and includes the attributes of an
acceptable structural monitoring
program. In summary, § 50.65 already
requires structural assessments that are
adequate to detect visual indications of
ASR before it would pose a significant
structural concern.
• Criterion XVI, ‘‘Corrective Action,’’
of appendix B to 10 CFR part 50
requires licensees to implement a
corrective action program to assure that
conditions adverse to quality and nonconformances are promptly identified
and corrected. In the case of significant
conditions adverse to quality, the
measures shall assure that the cause of
the condition is determined, and
corrective action is taken to preclude
repetition. This requirement applies to
all degradation mechanisms, including
ASR. In the case of ASR, a licensee
would have to identify the root cause of
the degradation and address the
degradation, such that intended safety
functions are not impacted.
Accordingly, Criterion XVI is an NRC
regulatory requirement that provides for
the identification and further technical
evaluation of ASR, before there would
be significant degradation to the
structural integrity of safety-related
concrete structures at nuclear power
plants.
• Section 50.55a(g)(4) requires
licensees to inspect concrete
containments in accordance with the
ASME BPV Code, Section XI,
Subsection IWL, as incorporated by
reference and subject to conditions.
Subsection IWL requires that a general
visual examination of all accessible
containment concrete surfaces be
conducted every 5 years by qualified
personnel under the direction of the
‘‘responsible engineer.’’ Further,
Subsection IWL requires a detailed
visual examination to determine the
magnitude and extent of deterioration
and distress of suspect containment
concrete surfaces initially detected by
general visual examinations. Subsection
IWL specifies acceptance standards
based on acceptance by examination,
acceptance by engineering evaluation
(requires preparation of an engineering
evaluation report including cause of the
condition), or acceptance by repair/
replacement. In accordance with the
condition on use of Section XI in
§ 50.55a(b)(2)(viii)(E), licensees must
evaluate the acceptability of
inaccessible areas when conditions exist
in accessible areas that could indicate
the presence of or result in degradation
to such inaccessible areas. These
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requirements are designed to ensure that
visual indications of ASR will be
detected prior to causing significant
structural degradation that could impact
the intended safety function of the
containment. Accordingly, § 50.55a is a
requirement that provides for the
identification and further technical
evaluation of ASR, before there would
be significant degradation of structural
integrity of concrete containment
structures at nuclear power plants.
• Appendix J to 10 CFR part 50,
‘‘Primary Reactor Containment Leakage
Testing Requirements for Water Cooled
Reactors,’’ requires that primary reactor
containments periodically meet the
leakage-rate test requirements to ensure
that (a) leakage does not exceed
allowable rates listed in the technical
specifications; and (b) integrity of the
containment structure is maintained
during its service life. This regulation
requires periodic performance
monitoring of the containment to
demonstrate that the containment can
perform its intended safety function,
regardless of identified degradation. If
the containment were unable to meet
the requirements of 10 CFR part 50,
appendix J, it would be declared
inoperable and the plant could not
return to operation until the issue was
addressed. Accordingly, appendix J of
10 CFR part 50 is a regulatory
requirement that provides for the
identification and technical evaluation
of ASR, before there would be
significant degradation of structural
integrity of concrete containment
structures at nuclear power plants.
• Section 54.21(a)(3) requires
applicants for license renewal to
demonstrate that the effects of aging will
be adequately managed, such that the
intended functions of structures and
components subject to aging
management are maintained, consistent
with the current licensing basis for the
period of extended operation.
Regulatory guidance for developing
aging management programs, including
for ASR aging effects on concrete
structures, is provided in NUREG–1801,
‘‘Generic Aging Lessons Learned
Report’’ (GALL Report). Any licensee
applying for license renewal must have
a structural aging management program
in place that can identify indications of
concrete degradation, including
degradation due to ASR, before it
becomes an issue that could impact an
intended safety function. Accordingly,
§ 54.21(a)(3) is a regulatory requirement
that provides for the identification and
further technical evaluation of ASR,
before there is significant degradation to
the structural integrity of safety-related
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concrete structures at nuclear power
plants.
• The Reactor Oversight Process
(ROP) is the process that the NRC uses
to verify that power reactors are
operating in accordance with NRC rules
and regulations. Under the ROP, the
NRC conducts routine baseline
inspections, problem identification and
resolution inspections, reactive
inspections, and other assessments of
plant performance. If licensees are not
properly meeting the regulations, the
NRC can take actions to protect public
health and safety.
• The generic communications
process is used to address potential
generic issues that are safety significant
and may necessitate action by licensees
to resolve. Generic communications,
which include bulletins, generic letters
and INs, are used to convey safety
significant issues and operating
experience, including degradationspecific issues. The NRC has issued a
generic communication (IN 2011–20) to
inform the industry of the generic
impacts of ASR. Information about the
NRC’s Generic Communications
Program is available at https://
www.nrc.gov/about-nrc/regulatory/
gencomms.html.
• The enforcement process may be
used if licensees fail to adequately
address safety-significant issues,
consistent with the regulatory
requirements as outlined above. The
NRC may use enforcement actions,
including issuing orders pursuant to
§ 2.202, ‘‘Orders,’’ to modify, suspend,
or revoke a license if ASR becomes a
safety-significant issue that a licensee is
not adequately addressing.
In addition to these generic
requirements and processes, the GALL
Report (NUREG–1801) makes specific
reference to ACI 349.3R in its guidance
for aging management programs (AMPs).
AMP XI.S6, ‘‘Structures Monitoring,’’
recommends that visual inspection be
used to identify structural distress or
deterioration of concrete, such as that
described in ACI 201.1R and ACI
349.3R. In addition, the GALL Report
notes that the personnel qualifications
in Chapter 7 and the evaluation criteria
in Chapter 5 of ACI 349.3R are
acceptable for concrete structures.
However, the GALL Report also notes
that use of plant-specific criteria may
also be justified. Although ACI 349.3R
is one acceptable method to monitor
concrete structures for degradation, it is
not the only method, and so there is no
need for the NRC to require its exclusive
use via regulation.
With respect to ASTM C856–11, the
NRC agrees that it is an acceptable and
established consensus testing standard
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for conducting petrographic
examination of hardened concrete that
can be used to confirm the diagnosis of
ASR. However, as discussed previously,
the NRC’s existing regulations in 10 CFR
part 50, appendix A and appendix B,
ensure appropriate methods or
standards are used when conducting
tests associated with safety-related
structures. Therefore, there is no need to
require the use of ASTM C856–11
through regulation.
The NRC also considered whether
ASR concrete degradation raises new
safety concerns that would justify
additional regulatory requirements for
all licensees beyond those already
included in NRC regulations. While it is
possible that there could be plants that
used a potentially reactive aggregate in
their concrete, the NRC is not aware of
any U.S. nuclear power plants, other
than Seabrook Station, that have a
documented occurrence of ASR. The
NRC notes that the use of a potentially
reactive aggregate does not necessarily
result in the occurrence of ASR. In
addition to reactive aggregates,
relatively high alkali content in the
cement, and high relative humidity
levels are necessary for ASR to occur.
Through the issuance of IN 2011–20, the
NRC has informed licensees of the
occurrence of ASR-induced concrete
degradation at Seabrook Station, with
the expectation that the operating
experience would be evaluated by
licensees and considered for appropriate
action. Thus, the nuclear power
industry is aware of the potential for
ASR to occur, even if aggregates were
screened out based on reactivity or other
tests conducted at the time of
construction. For the reasons outlined
above, the NRC has determined that the
agency’s existing regulatory structure is
sufficient for the identification and
technical evaluation of ASR before there
is significant degradation to the
structural integrity of safety-related
concrete structures at nuclear power
plants. Therefore, new or amended
regulations are not needed to require
industry-wide compliance with ACI
349.3R and ASTM C856–11.
The petitioner’s claims related to
Seabrook Station are outside the scope
of the NRC’s consideration of the
generic rulemaking action in response to
PRM–50–109; however, the apparent
claims of NRC wrongdoing were
forwarded to the NRC’s Office of the
Inspector General and subsequently to
the NRC’s allegations staff in Region I.
After discussions with the petitioner,
the NRC confirmed that the petitioner
cited the issues as examples of their
concerns with the regulations and did
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not intend them to be considered as
allegations or claims of wrongdoing.
IV. Conclusion
For the reasons cited in Section III of
this document, the NRC is denying
PRM–50–109 under § 2.803. Existing
NRC regulations establish programmatic
and design basis requirements that are
adequate to address the effects of
concrete degradation mechanisms,
including ASR, in safety-related
structures. Compliance with these
regulations, verified through NRC
licensing and oversight processes,
provide reasonable assurance of
adequate protection of public health and
safety. Specifically, existing NRC
regulations ensure that concrete
degradation due to ASR will not result
in unacceptable reductions in structural
capacity of safety-related structures at
nuclear power plants. Therefore, new or
amended regulations to require the use
of the documents identified in the PRM
(ACI 349.3R and ASTM C856–11) to
provide better protection against
concrete degradation due to ASR are not
needed in order to provide reasonable
assurance of adequate protection of
public health and safety at U.S. nuclear
power plants.
V. Availability of Documents
The documents identified in the
following table are available to
interested persons through one or more
of the following methods, as indicated.
For more information on accessing
ADAMS, see the ADDRESSES section of
this document.
ADAMS Accession No./Federal Register citation/report No. and date
Document
65031
Link to publication
PRM Documents
PRM from the C–10 Research and Education
Foundation.
Federal Register notice for PRM, notice of
docketing, and request for comment.
SECY–18–0036, ‘‘Denial of Petition for Rulemaking Submitted by the C–10 Foundation
(PRM–50–109).
ADAMS Accession No. ML14281A124, September 25, 2014.
Federal Register/Vol. 80, No. 7/Monday, January 12, 2015/Proposed Rules.
ADAMS Accession No. ML15301A084, March
8, 2018.
https://pbadupws.nrc.gov/docs/ML1428/
ML14281A124.pdf.
https://www.gpo.gov/fdsys/pkg/FR-2015-0112/html/2015-00199.htm.
https://pbadupws.nrc.gov/docs/ML1530/
ML15301A084.pdf.
Public Comments on PRM (see table under the heading, I. Public Comments on the Petition).
ASR-Related Technical Materials
‘‘Standard Practice for Petrographic Examination of Hardened Concrete’’, ASTM International.
‘‘Evaluation of Existing Nuclear Safety Related
Concrete Structures’’, American Concrete Institute.
ASTM C856–11, 2011 .....................................
Available for purchase: https://www.astm.org/
Standards/C856.htm.
ACI 349.3R–02, June 2002 .............................
‘‘Guide to the Evaluation and Management of
Concrete Structures Affected by Alkali-Aggregate Reaction’’, CSA Group.
‘‘ASR/DEF Damaged Bent Caps: Shear Tests
and Field Implications’’ Texas Department of
Transportation.
‘‘Report on the Diagnosis, Prognosis, and Mitigation of Alkali–Silica Reaction (ASR) in
Transportation Structures’’, Federal Highway
Administration.
NRC Information Notice 2011–20: Concrete
Degradation by Alkali-Silica Reaction, NRC.
‘‘Position Paper: In Situ Monitoring of Alkali-Silica Reaction (ASR) Affected Concrete: A
Study on Crack Indexing and Damage Rating
Index to Assess the Severity of ASR and to
Monitor ASR Progression’’, NRC.
CSA A864–00 Reaffirmed 2005 ......................
Available for purchase: https://
www.concrete.org/store/productdetail.
aspx?ItemID=349302&
Format=DOWNLOAD.
Available for purchase: https://shop.csa.ca/en/
canada/concrete/a864-00-r2005/invt/
27010172000.
https://library.ctr.utexas.edu/digitized/
IACreports/IAC-12-8XXIA006.pdf.
Technical Report No. 12–8XXIA006, August
2009.
FHWA–HIF–09–004, January 2010 .................
https://www.fhwa.dot.gov/pavement/concrete/
pubs/hif09004/hif09004.pdf.
ADAMS Accession No. ML112241029, November 18, 2011.
ADAMS Accession No. ML13108A047, April
30, 2013.
https://www.nrc.gov/docs/ML1122/
ML112241029.pdf.
https://www.nrc.gov/docs/ML1310/
ML13108A047.pdf.
Referenced Documents Specific to Seabrook Station
‘‘Seabrook Station: Impact of Alkali-Silica Reaction on Concrete Structures and Attachments’’, MPR Associates Inc.
‘‘Seabrook Station Response to Confirmatory
Action Letter’’, NextEra.
Letter from David Wright, UCS, to NRC Commissioners, UCS.
Letter from William M. Dean, NRC, to David
Wright, UCS, NRC.
Letter from Robert M. Taylor, NRC, to Sandra
Gavutis, C–10, NRC.
ADAMS Accession No. ML12151A397, May
2012.
https://www.nrc.gov/docs/ML1215/
ML12151A397.pdf.
ADAMS Accession
1, 2013.
ADAMS Accession
vember 4, 2013.
ADAMS Accession
cember 6, 2013.
ADAMS Accession
2016.
https://www.nrc.gov/docs/ML1315/
ML13151A328.pdf.
https://www.nrc.gov/docs/ML1330/
ML13309B606.pdf.
https://www.nrc.gov/docs/ML1334/
ML13340A405.pdf.
https://www.nrc.gov/docs/ML1616/
ML16169A172.pdf.
No. ML13151A328, May
No. ML13309B606, NoNo. ML13340A405, DeNo. ML16169A172, July 6,
Additional Referenced Documents
NUREG–1801, ‘‘Generic Aging Lessons
Learned Report,’’ Revision 2.
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Federal Register / Vol. 84, No. 228 / Tuesday, November 26, 2019 / Proposed Rules
ADAMS Accession No./Federal Register citation/report No. and date
Document
Link to publication
RG 1.160, ‘‘Monitoring the Effectiveness of
Maintenance at Nuclear Power Plants,’’ Revision 3.
‘‘Davis-Besse Nuclear Power Station—Inspection of Apparent Cause Evaluation Efforts for
Propagation of Laminar Cracking in Reinforced Concrete Shield Building and Closure
of Unresolved Item Involving Shield Building
Laminar Cracking Licensing Basis—Inspection Report 05000346/2014008’’, NRC.
ADAMS Accession No. ML113610098, May
2012.
https://www.nrc.gov/docs/ML1136/
ML113610098.pdf.
ADAMS Accession No. ML15148A489, May
28, 2015.
https://www.nrc.gov/docs/ML1514/
ML15148A489.pdf.
Dated at Rockville, Maryland, this 19th day
of November 2019.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
technical questions, contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable 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, at
301–415–4737, or by email to
pdr.resource@nrc.gov. The ADAMS
accession number for each document
referenced (if it is available in ADAMS)
is provided the first time that it is
mentioned in the SUPPLEMENTARY
INFORMATION section.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT:
Dennis Andrukat, Office of Nuclear
Material Safety and Safeguards,
telephone: 301–415–1325, email:
Dennis.Andrukat@nrc.gov, or Jo A.
Jacobs, Office of the Chief Financial
Officer, telephone: 301–415–8388;
email: Jo.Jacobs@nrc.gov. Both are staff
of the U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001.
[FR Doc. 2019–25489 Filed 11–25–19; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 171
[Docket No. PRM–171–1; NRC–2019–0084]
Nuclear Power Plant License Fees
Upon Commencing Commercial
Operation
Nuclear Regulatory
Commission.
ACTION: Petition for rulemaking; partial
consideration in the rulemaking
process.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) will consider in its
rulemaking process one issue raised in
a petition for rulemaking, PRM–171–1,
dated February 28, 2019, submitted by
Dr. Michael D. Meier on behalf of the
Southern Nuclear Operating Company
(the petitioner), and is denying the
remaining issue in PRM–171–1. The
petitioner requested that the NRC
amend its regulations related to the start
of the assessment of annual fees for
certain nuclear power plants.
DATES: The docket for the petition for
rulemaking PRM–171–1 is closed on
November 26, 2019.
ADDRESSES: Please refer to Docket ID
NRC–2019–0084 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–2019–0084. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
SUMMARY:
VerDate Sep<11>2014
17:02 Nov 25, 2019
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SUPPLEMENTARY INFORMATION:
Table of Contents
I. The Petition
II. Public Comments on the Petition
III. Reasons for Consideration
IV. Reasons for Denial
V. Conclusion
I. The Petition
The NRC received and docketed a
petition for rulemaking (PRM), dated
February 28, 2019 (ADAMS Accession
No. ML19081A015) filed by Dr. Michael
D. Meier, on behalf of the Southern
Nuclear Operating Company (the
PO 00000
Frm 00012
Fmt 4702
Sfmt 4702
petitioner). The NRC published a notice
of docketing and request for comment in
the Federal Register on June 10, 2019
(84 FR 26774). The petitioner requested
that the NRC revise its regulations in
part 171 of title 10 of the Code of
Federal Regulations (10 CFR), ‘‘Annual
fees for reactor licenses and fuel cycle
licenses and materials licenses,
including holders of certificates of
compliance, registrations, and quality
assurance program approvals and
government agencies licensed by the
NRC,’’ related to the start of the
assessment of annual fees for a
combined license (COL) holder, to align
with commencement of ‘‘commercial
operation’’ 1 of a licensed nuclear power
plant. Specifically, the petitioner
requested that the NRC revise the timing
of when annual license fees commence
for holders of a COL under 10 CFR part
52, ‘‘Licenses, certifications, and
approvals for nuclear power plants,’’ in
order to coincide with the time when a
reactor achieves commercial operation,
rather than when a § 52.103(g) finding is
issued, which is when the NRC finds
that the acceptance criteria in the COL
are met and the licensee can begin
operating the facility.
The petitioner stated that the issuance
of the § 52.103(g) finding will occur
prior to reactor startup, and several
months before commercial operation of
the reactor. The petitioner further noted
that during this startup phase, the
reactor will not have achieved
commercial operation, and the licensee
will be incapable of deriving revenue
from the production of energy beyond
the de minimis amounts from test
energy. The petitioner asserted that
because commercial operation does not
occur until several months after the
§ 52.103(g) finding, the current language
of § 171.15(a), ‘‘Annual fees: Reactor
licensees and independent spent fuel
storage licenses,’’ does not align with
the NRC’s stated policy to assess annual
fees based on the benefits of receiving
1 The petitioner defined ‘‘commercial operation.’’
The NRC does not have an official definition for
commercial operation.
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Agencies
[Federal Register Volume 84, Number 228 (Tuesday, November 26, 2019)]
[Proposed Rules]
[Pages 65023-65032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25489]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
10 CFR Part 50
[Docket No. PRM-50-109; NRC-2014-0257]
Improved Identification Techniques Against Alkali-Silica Reaction
(ASR) Concrete Degradation at Nuclear Power Plants
AGENCY: Nuclear Regulatory Commission.
ACTION: Petition for rulemaking; denial.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is denying a
petition for rulemaking (PRM), PRM-50-109, dated September 25, 2014,
submitted by the C-10 Research and Education Foundation (C-10 or the
petitioner). The petitioner requests that the NRC amend its regulations
to provide improved identification techniques for better protection
against concrete degradation due to alkali-silica reaction (ASR) at
U.S. nuclear power plants. The petitioner asserts that reliance on
visual inspection will not adequately identify ASR, confirm ASR, or
provide the current state of ASR damage without petrographic
examination. The NRC is denying the petition because existing NRC
regulations and NRC oversight activities provide reasonable assurance
of adequate protection of public health and safety. Specifically,
existing NRC regulations are sufficient to ensure that concrete
degradation due to ASR will not result in unacceptable reductions in
the structural capacity of safety-related structures at nuclear power
plants.
DATES: The docket for the petition for rulemaking PRM-50-109 is closed
on November 26, 2019.
ADDRESSES: Please refer to Docket ID NRC-2014-0257 when contacting the
NRC about the availability of information regarding this petition. You
can obtain publicly-available documents related to the petition using
any of the following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search on the petition Docket ID NRC-2014-0257.
Address questions about NRC dockets to Carol Gallagher; telephone: 301-
415-3463; email: [email protected]. For technical questions,
contact the individual listed in the FOR FURTHER
[[Page 65024]]
INFORMATION CONTACT section of this document.
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 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 the
Supplementary Information section. For the convenience of the reader,
instructions about obtaining materials referenced in this document are
provided in Section V, Availability of Documents.
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.
FOR FURTHER INFORMATION CONTACT: Yanely Malave, Office of Nuclear
Material Safety and Safeguards, telephone: 301-415-1519, email:
[email protected], U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. The Petition
II. Public Comments on the Petition
III. Reasons for Denial
IV. Conclusion
V. Availability of Documents
I. The Petition
On September 25, 2014, C-10, with assistance from the Union of
Concerned Scientists (UCS), submitted a petition for rulemaking to the
NRC (ADAMS Accession No. ML14281A124). The NRC docketed the petition on
October 8, 2014, and assigned Docket No. PRM-50-109 to the petition.
The petitioner requests that the NRC amend its applicable regulations
to provide identification techniques for better protection against
concrete degradation due to ASR at U.S. nuclear power plants.
Specifically, the petitioner requests that the NRC require that all
licensees comply with American Concrete Institute (ACI) Committee
Report 349.3R, ``Evaluation of Existing Nuclear Safety-Related Concrete
Structures'' (ACI 349.3R), and American Society for Testing and
Materials (ASTM) Standard C856-11, ``Standard Practice for Petrographic
Examination of Hardened Concrete'' (ASTM C856-11).
The petitioner previously submitted a request for enforcement
action in accordance with Sec. 2.206 of title 10 of the Code of
Federal Regulations (10 CFR), ``Requests for action under this
subpart,'' specific to Seabrook Station (ADAMS Accession No.
ML16006A002). That petition was rejected by the NRC in a letter dated
July 6, 2016 (ADAMS Accession No. ML16169A172), because the request
addressed deficiencies within existing NRC rules, similar to those
raised in PRM-50-109. While mention of Seabrook Station, which is the
only nuclear power plant with a documented occurrence of ASR to date,
is included in this document in response to the petitioner's comments,
the NRC's focus in this denial is on the generic request that the NRC
require that all licensees of nuclear plants comply with ACI 349.3R and
ASTM C856-11.
The petitioner raises the following three specific issues in PRM-
50-109.
Issue 1: Visual inspections are not adequate to detect ASR, confirm
ASR, or provide the current state of ASR damage.
The petitioner asserts that visual inspections are not capable of
adequately identifying ASR, confirming ASR, or providing accurate
information on the state of ASR damage (i.e., its effect on structural
capacity). The petitioner also asserts that only petrographic
examinations (the use of microscopes to examine samples of rock or
concrete to determine their mineralogical and chemical characteristics)
in accordance with ASTM C856-11 are capable of determining or
confirming whether ASR is present and determining the state of ASR
damage. The petitioner offers additional information in five areas
related to this issue.
A. At an NRC public meeting at Seabrook Station on June 24, 2014,
when C-10 asked if the NRC was investigating U.S. nuclear power plants
for ASR concrete degradation, the NRC staff responded that ASR concrete
degradation could be adequately identified through visual examination.
B. When structural degradation is occurring, the petitioner asserts
that it is critical to determine the root cause and confirm the form of
degradation. The petitioner also asserts that the NRC has stated that
ASR is confirmed only through petrographic examination, and in support
of this statement the petitioner references an enclosure to a letter
from the licensee for Seabrook Station, NextEra Energy Seabrook, LLC
(NextEra) to the NRC, May 1, 2013 (ADAMS Accession No. ML13151A328).
C. Commentaries by materials science expert Dr. Paul Brown,
provided by C-10 and the UCS, challenge the central hypothesis in the
report submitted by NextEra, ``Seabrook Station: Impact of Alkali-
Silica Reaction on Concrete Structures and Attachments'' (ADAMS
Accession No. ML12151A397). As summarized in the petition, Dr. Brown
challenges the conclusion in the report that ``confinement reduces
cracking, and taking a core bore test would no longer represent the
context of the structure once removed from the structure.''
D. The petitioner also asserts that the NRC memorandum titled,
``Position Paper: In Situ Monitoring of Alkali-Silica Reaction (ASR)
Affected Concrete: A Study on Crack Indexing and Damage Rating Index to
Assess the Severity of ASR and to Monitor ASR Progression'' (ADAMS
Accession No. ML13108A047), supports the assertion that visual
examination is insufficient to reliably identify ASR or evaluate its
state (including contribution to rebar stress). The petitioner cites
portions of the paper, which state that ASR can exist without
indications of pattern cracking, visible surface cracking may be
suppressed by heavy reinforcement while internal damage exists through
the depth of the section, and crack mapping alone to determine ASR
effects on the structure does not allow for the consideration of rebar
stresses.
E. Finally, the petitioner asserts that visual inspections are of
limited scope and cannot identify areas of degradation in many portions
of concrete structures, such as below-grade portions that cannot be
visually examined but are most likely to be exposed to groundwater and
be more vulnerable to ASR. The petitioner notes as an example cracking
in the concrete wall of the shield building of the Davis-Besse Nuclear
Power Station. This condition was discovered in 2011, when a hole was
cut through the building's wall to replace the reactor vessel head, but
had remained undetected by visual inspections for a long period.
Issue 2: ACI and ASTM codes and standards address the detection and
evaluation of ASR damage.
The petitioner asserts that ACI 349.3R provides an acceptable means
of protecting against excessive ASR concrete degradation and is
endorsed by the NRC in Information Notice (IN) 2011-20, ``Concrete
Degradation by Alkali-Silica Reaction'' (ADAMS Accession No.
ML112241029). Quantitative criteria in ACI 349.3R can be used to
evaluate inspection results. The petitioner also states that ASTM
[[Page 65025]]
C856-11 is an acceptable means of conducting petrographic examination.
The petitioner also provided information specific to activities at
Seabrook Station related to the implementation of ACI 349.3R and the
American Society of Mechanical Engineers (ASME) Boiler and Pressure
Vessel Code (BPV Code), Section XI, Subsection IWL. The petitioner
states that ACI 349.3R requires the formation of a ``composite team,''
consisting of qualified civil or structural engineers, concrete
inspectors, and technicians familiar with concrete degradation
mechanisms and long-term performance issues, to effectively identify
and evaluate concrete degradation, including degradation due to ASR.
The petitioner claims that NextEra did not have a composite team as
specified in ACI 349.3R, and since it became the owner of Seabrook
Station, NextEra has not had a trained and dedicated ``responsible
engineer'' conducting the inspections to accurately record the results
or take further action as required. The petitioner asserts that NextEra
failed to test the concrete despite the extent of cracking visibly
increasing, and that NextEra never had a code-certified ``responsible
engineer'' doing the visual inspections of the Seabrook containment in
accordance with ASME BPV Code, Section XI, Subsection IWL.
Issue 3: Regulations should require compliance with ACI 349.3R and
ASTM C856-11.
The petitioner states that, although both ACI 349.3R and ASTM C856-
11 are endorsed by the NRC, the NRC does not require nuclear power
plant licensees to implement either of these standards.
To support the position that use of the standards should be
required, the petitioner offers Seabrook Station's ASR concrete
degradation as an example that would have been identified before it
caused moderate to severe degradation in seismic Category I structures
if the NRC had required compliance with these existing standards. The
petitioner claims that when NextEra determined 131 locations with
``assumed'' ASR visual signs within multiple power-block structures
during 2012, further engineering evaluations were not done. The
petitioner also claims that, since discovering the situation, the NRC
has not required Seabrook Station to: (1) Test a core bore taken from
the containment; (2) use certified laboratory testing of key material
properties to determine the extent of condition; or (3) obtain the data
necessary to monitor the rate of progression.
II. Public Comments on the Petition
The NRC published a notice of docketing of PRM-50-109 on January
12, 2015 (80 FR 1476). The public comment period closed on March 30,
2015. Comment submissions on this petition are available electronically
via https://www.regulations.gov using docket number NRC-2014-0257.
Overview of Public Comments
The NRC received 10 different comment submissions on the PRM. A
comment submission is a communication or document submitted to the NRC
by an individual or entity, with one or more individual comments
addressing a subject or issue. Eight of the comment submissions were
received during the public comment period. Two of the comment
submissions were received after the comment period closed. The NRC
determined that it was practical to consider the comment submissions
received after the public comment period closed and considered all 10
received. Key information for each comment submission is provided in
the following table.
----------------------------------------------------------------------------------------------------------------
Submission No. ADAMS accession No. Commenter Affiliation
----------------------------------------------------------------------------------------------------------------
1................................. ML15026A339 Josephine Donovan.... Private Citizen.
2................................. ML15026A338 Lynne Mason.......... Private Citizen.
3................................. ML15027A178 Katherine Mendez..... Private Citizen.
4................................. ML15076A457 David Lochbaum....... Union of Concerned
Scientists.
5................................. ML15076A459 Garry Morgan......... Blue Ridge Environmental
Defense League--
Bellefonte Efficiency
and Sustainability Team/
Mothers Against
Tennessee River
Radiation (BREDL/BEST/
MATRR).
6................................. ML15076A460 G. Dudley Shepard.... Private Citizen.
7................................. ML15085A523 Jason Remer.......... Nuclear Energy Institute.
8................................. ML15089A284 James M. Petro, Jr... NextEra Energy.
9................................. ML15097A337 Anonymous............ Anonymous.
10................................ ML15112A265 Scott Bauer.......... STARS Alliance.
----------------------------------------------------------------------------------------------------------------
Seven commenters expressed support for the PRM and proposed
identification techniques, while the three remaining commenters
(numbers 7, 8, and 10) opposed the PRM in part or in whole. Based on
similarity of content, the public comments were grouped into six bins.
The NRC reviewed and considered the comments in making its decision to
deny the PRM. Summaries of each bin and the NRC's responses are
provided in the following discussion in an order that provides
appropriate context for the response to each of the comment bins.
NRC Responses to Comments on PRM-50-109
Comment Bin 1: Existing inspection techniques will not adequately
detect concrete degradation due to ASR, and C-10's proposed solutions
(i.e., requiring compliance with ACI 349.3R and ASTM C856-11 via
regulation) are appropriate to adequately detect ASR degradation.
(Submission 4, Submission 5, Submission 6)
NRC Response: Although the NRC agrees with the petitioner that
visual inspections are not enough to positively confirm ASR, the staff
finds visual inspection sufficient to detect ASR concrete degradation
before the safety function of a structure or component would be
significantly degraded. The NRC disagrees with the comments that ACI
349.3R and ASTM C856-11 should be regulatory requirements. The current
ASR literature and case history, as described in Section III and
referenced in Section V, ``Availability of Documents,'' of this
document, provide no evidence that ASR would degrade the safety
function of a structure or component before it expands to a degree that
would cause visible symptoms, such as cracking. Existing regulations
require inspection methods that can detect applicable degradation
mechanisms (including ASR) and require that significant degradation
regardless of cause be addressed appropriately through additional
plant-specific inspections or structural evaluations. Furthermore, the
documents (ACI 349.3R and ASTM C856-11) do not provide specific
guidance for identifying ASR
[[Page 65026]]
degradation in structures. Therefore, requiring their use via
regulation would not provide improved techniques for identifying ASR
degradation. Additional details on the NRC's position can be found in
Section III, ``Reasons for Denial,'' of this document.
Comment Bin 2: The NRC should grant the C-10 petition for
rulemaking because visual inspection of ASR concrete degradation is
insufficient. (Submission 1, Submission 2)
NRC Response: The NRC disagrees with this comment. As indicated in
the response to Comment Bin 1, there is no evidence in current ASR
literature and case history that ASR would degrade the safety function
of a structure or component before it expands to a degree that would
cause visible symptoms. In addition, NRC staff finds visual inspection
sufficient to detect ASR concrete degradation before the safety
function of a structure or component would be degraded. Moreover, the
commenters did not provide a basis for their position that visual
inspection of concrete degradation is insufficient to identify ASR that
would lead to unacceptable changes in concrete structural properties.
Comment Bin 3: The NRC should investigate the concrete cracks at
Seabrook Station because the concrete degradation poses serious safety
concerns. (Submission 3)
NRC Response: The NRC views this comment as a request for
regulatory action outside the scope of PRM-50-109. As discussed in
Section III of this document, the NRC has referred this comment to its
Region I allegations staff, and has advised the commenter of this
request.
Comment Bin 4: The nuclear industry does not believe that
rulemaking is necessary to resolve issues related to inspecting
concrete for ASR degradation. Following the issuance of NRC IN 2011-20,
licensees took appropriate actions by: (a) Recording the issue in the
Institute for Nuclear Power Operations Operating Experience system; and
(b) updating their Structures Monitoring Program, improving procedures,
and informing responsible individuals concerning examination for
conditions that could potentially indicate the presence of ASR. In
addition, there already exist ample regulatory requirements to ensure
appropriate attention is given to potentially degraded concrete,
including due to ASR. (Submission 7, Submission 10)
NRC Response: The NRC agrees with the comment. By issuing IN 2011-
20, the NRC made the U.S. nuclear power industry aware of the operating
experience related to ASR concrete degradation at Seabrook Station.
Licensees are expected to evaluate INs in their operating experience
programs and to incorporate, as appropriate and applicable, the
information into their monitoring programs and procedures. Multiple
license renewal applications (LRAs) submitted after the issuance of IN
2011-20 included information that demonstrates the monitoring programs
have been updated to inspect for ASR degradation, regardless of the
aggregate reactivity test results from construction (see, for example,
Section 3.5.2.2.2.1.2 of LaSalle County Station LRA (ADAMS Accession
No. ML14343A849), Waterford Steam Electric Station LRA (ADAMS Accession
No. ML16088A324), and River Bend Station LRA (ADAMS Accession No.
ML17153A282)).
Existing regulations such as Sec. 50.55a, ``Codes and Standards'';
Sec. 50.65, ``Requirements for monitoring the effectiveness of
maintenance at nuclear power plants''; 10 CFR part 50, appendix B,
``Quality Assurance Criteria for Nuclear Power Plants and Fuel
Reprocessing Plants''; 10 CFR part 50, appendix J, ``Primary Reactor
Containment Leakage Testing for Water-Cooled Power Reactors''; and 10
CFR part 54, ``Requirements for Renewal of Operating Licenses for
Nuclear Power Plants,'' require licensees to monitor the performance or
condition of structures and take corrective action to address degraded
or nonconforming conditions in a manner commensurate with the safety
significance of the structures. Compliance with these regulations
provides reasonable assurance that affected structures remain capable
of performing their intended functions. Further, the NRC confirms the
acceptability of licensees' approaches through processes such as the
reactor oversight process, license renewal, and review of licensees'
responses to generic communications (e.g., bulletins, generic letters,
and INs that address significant industry events, operating experience,
and degradation-specific issues that may have generic applicability).
The existing regulatory requirements and processes provide reasonable
assurance of adequate protection of public health and safety against
the potential results of degradation of concrete structures; therefore,
it is not necessary to amend the NRC's regulations.
The technical comments and clarifications made by the commenters
related to ACI 349.3R and the role of visual inspections are addressed
in Section III of this document.
Comment Bin 5: New rulemaking is not necessary to resolve issues
related to inspecting concrete for ASR. The ACI 349.3R and ASTM C856-11
have been used for investigation of ASR conditions at Seabrook Station;
however, neither standard provides inspectors with new or improved
means to identify, monitor, or assess ASR-impacted structures, as
implied by the petition. The commenter questions the basis of the
petition, including misconceptions and factual errors made in the
petition concerning NextEra activities at Seabrook Station. (Submission
8)
NRC Response: The NRC agrees with the comment that new rulemaking
is not needed. The guidance in ACI 349.3R is primarily based on visual
inspection, addresses only commonly occurring degradation conditions in
nuclear structures, and provides very limited guidance with regard to
ASR identification, monitoring, and evaluation. Therefore, it is not
considered an authoritative document for ASR. ASTM C856-11 is a
consensus standard that provides an established method for conducting
petrography that can be used to confirm the diagnosis of ASR. Neither
ACI 349.3R nor ASTM C856-11, however, provides a method for monitoring
progression, or evaluating and quantifying observed ASR effects on
structural capacity or performance. These documents have been in
existence since 1996 (for ACI 349.3R) and 1977 (for ASTM C856-11) and
do not provide any new or improved methods beyond what is already
standard practice in the concrete industry.
The portions of the comment concerning NextEra activities at
Seabrook Station are addressed in Section III of this document.
Comment Bin 6: Current ASME testing protocols should be followed.
Ultrasonic testing should be conducted for reactor pressure vessels to
test for defects and radiation filters should be installed on pressure
vents as a post-Fukushima precaution. (Submission 9)
NRC Response: As stated in Section III of this document, Section
50.55a(g)(4) requires compliance with the ASME BPV Code, Section XI.
The ASME BPV Code, Section XI, Subsection IWL, provides techniques for
examination and evaluation of concrete surfaces that licensees follow
under their licensing bases. The comments pertaining to ultrasonic
testing of reactor pressure vessels and installation of radiation
filters are not related to ASR degradation and are outside the scope of
PRM-50-109.
III. Reasons for Denial
The NRC has determined that rulemaking, as requested in the
petition, is not needed for reasonable assurance
[[Page 65027]]
of adequate protection of public health and safety at nuclear power
plants with respect to ASR. The NRC's evaluation of the three issues
raised in PRM-50-109 are set forth below.
Issue 1: Visual Inspections are not adequate to detect ASR, confirm
ASR, or provide the current state of ASR damage.
The NRC agrees with the petitioner that visual inspections are not
enough to positively confirm ASR. However, given the slow progression
of ASR, visual inspections are sufficient to identify manifestations of
potentially damaging ASR before the safety function of a structure or
component would be degraded. This would be sufficient to inform whether
further actions should be taken. Therefore, the NRC's position is that
visual examination is acceptable for routinely monitoring concrete
structures to identify areas of potential structural distress or
degradation, including degradation due to ASR. This position is
supported by the current ASR literature and case history, as referenced
in Section V of this document. The occurrence of ASR expansion results
in one or more common visual indications (e.g., expansion causing
deformation, movement, or displacement; cracking; surface staining; gel
exudations; pop-outs) prior to causing significant structural
degradation (as shown in Federal Highway Administration (FHWA)-HIF-09-
004 and Canadian Standards Association (CSA) A864-00, referenced in
Section V of this document). However, the presence of one or more of
these visual symptoms is not necessarily an indication that ASR is the
main factor responsible for the observed symptoms. If there are visual
indications, the presence or absence of ASR should be confirmed by an
acceptable method such as petrographic examination.
Based on this information, the NRC maintains that visual
examination is an acceptable method for detecting indications of ASR
degradation. Once ASR is suspected based on visual indications, the
licensee would need to conduct additional inspections, testing (non-
destructive or invasive), petrographic analysis, or structural
evaluations, as appropriate to the specific case, to evaluate the
effects of ASR on structural performance under design loads. This
general approach is similar to and consistent with the approach
recommended in literature related to ASR (e.g., FHWA-HIF-09-004 and
guidance by the Institution of Structural Engineers, referenced in
Section V of this document).
The NRC evaluated the following five areas in which the petitioner
provided additional information related to this issue.
A. Regarding the statements made by the NRC staff during the June
24, 2014, public meeting the NRC staff stated that it finds the use of
visual examination acceptable for routine periodic monitoring, in
implementing a structures monitoring program under Sec. 50.65 and the
containment inservice inspection program under Sec. 50.55a, and in
identifying the general condition of concrete structures and areas that
are suspected to have deterioration or distress due to any degradation
mechanism, including ASR. If the licensee identifies visual indications
of ASR, the next step would be to confirm ASR by petrographic
examination or other acceptable methods, and conduct further
assessments, as necessary, to determine the impact on the structure's
intended functions and the need for corrective actions, as required by
appendix B to 10 CFR part 50. While visual inspections alone would not
confirm the presence or absence of ASR, a petrographic examination of
concrete is not necessary prior to manifestation of visual symptoms of
ASR, given the minimal impact ASR has on structural performance of
reinforced concrete structures at this stage. The NRC maintains its
position that visual examination is an acceptable approach for
assessing the concrete's general condition and identifying areas of
potential structural distress or deterioration, including areas where
ASR is suspected.
B. Specific to the petitioner's statement related to the need to
determine the root cause of degradation, existing NRC regulations
require that licensees promptly identify conditions adverse to quality,
determine the cause, and take corrective actions. Specifically,
Criterion XVI, ``Corrective Action,'' of 10 CFR part 50, appendix B
requires that conditions adverse to quality such as failures,
malfunctions, deficiencies, deviations, defective material and
equipment, and nonconformances are promptly identified and corrected.
In the case of significant conditions adverse to quality, the measures
shall assure that the cause of the condition is determined and
corrective action taken to preclude repetition. The NRC agrees that,
while other techniques may emerge, petrographic examination of the
concrete sample under a microscope is a well-established technique to
confirm the presence or absence of ASR at any stage.
Once ASR is confirmed at a site by petrographic examination
(conducted after manifestation of characteristic visual symptoms), it
is conservative to assume that other structures exhibiting visible
symptoms are also affected, based on similarity of materials and
environmental exposure conditions. The degradation can then be
addressed accordingly.
Appendix B to 10 CFR part 50 already requires the identification of
a significant condition adverse to quality, the determination of the
cause of the condition through root cause analyses and appropriate
follow-up corrective actions. Therefore, a generic revision to the
NRC's regulations is not necessary.
C. The NRC has previously responded to the statements referenced by
the petitioner from Dr. Paul Brown, which were included in a letter
from UCS to the NRC dated November 4, 2013 (ADAMS Accession No.
ML13309B606). In a December 6, 2013 response (ADAMS Accession No.
ML13340A405), the NRC noted that information from drilled cores may be
valuable for assessing the impact of ASR on concrete; however, the use
of test data from cores alone may not be an appropriate, realistic
indicator of overall structural performance.
Additionally, the NRC notes that ASR literature and case history
indicate that ASR has a much more detrimental effect on the mechanical
properties of concrete cores and cylinders than on the structural
behavior of reinforced concrete structural components and systems (as
described in TXDOT Technical Report No. 12-8XXIA006 and the ACI
Structural Journal article referenced in Section V of this document).
These documents indicate that the empirical relationships in the ACI
codes between concrete-cylinder compressive strength and other
mechanical properties, including structural capacity, may not
necessarily remain valid for ASR-affected structures. Reinforced
concrete structures and components respond to load as part of a
composite structural system in which there are external restraints,
internal confinement, and interaction between the steel reinforcement
and the concrete. Therefore, an evaluation of the impact of ASR on
performance of affected reinforced concrete structural components and
systems should consider the context to obtain a realistic assessment of
the impact on structural capacity. The use of core test data in the
traditional manner, alone, may not be appropriate or realistic to
assess structural performance of ASR-affected structures.
D. Regarding the petitioner's reference to the NRC position paper
(ADAMS
[[Page 65028]]
Accession No. ML13108A047), that document is not an official NRC
position on the topic, but rather was prepared by an individual staff
member to facilitate internal technical discussion and inform staff
review of an issue. The NRC's current position on the role of visual
inspections in identifying ASR is set forth in this document. The
referenced position paper does not state that visual examination is
insufficient to identify indications of ASR. However, it does note that
surface cracking or crack mapping, alone, may not indicate the severity
of ASR degradation and is not adequate to determine structural effects
of ASR. The NRC agrees that surface crack mapping alone is not adequate
to monitor ASR progression and to address its structural effects. In
addition, petrographic examination provides very limited information to
evaluate the structural effects of ASR.
Addressing visual indications of a potential concrete-degradation
issue does not end with the visual inspection. Under existing NRC
regulations, if indications of distress or deterioration are visually
identified, licensees are required to address the effects of the
observed degradation and demonstrate that the structure remains capable
of performing its safety functions. Depending on the observed
conditions, this can be accomplished through additional inspections,
testing, structural evaluations, or a combination thereof.
E. Specific to the petitioner's comment on the limited scope of
visual inspections, the NRC agrees that visual inspections cannot
directly identify degradation in inaccessible portions of concrete
structures. However, many below-grade structures in nuclear power
plants are accessible for visual inspection on the interior face of the
concrete. Additionally, ASR degradation or expansion in inaccessible
areas would manifest visually in accessible areas, in the form of
cracking, displacements, or deformations, before causing a significant
structural impact. As noted previously, current ASR literature and case
history show that visual inspections are sufficient to identify
manifestations of potentially damaging ASR before there would be
significant structural impacts. For concrete containment structures,
existing regulations in Sec. 50.55a(b)(2)(viii) require evaluation of
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. Therefore, existing
regulations, regulatory guidance, and licensee programs have provisions
to adequately address degradation in inaccessible areas.
The issue of laminar cracking in the shield building at Davis-
Besse, referenced by the petitioner, has no connection to ASR
detection. Davis-Besse was a unique situation resulting from a
combination of extreme environmental conditions and the design
configuration of the shield building. The licensee evaluated the issue,
including operability determinations and root cause analysis in its
corrective action program; and the NRC's continued oversight of the
issue has been documented in a series of NRC inspection reports, the
latest of which is IR 05000346/2014008, dated May 28, 2015 (ADAMS
Accession No. ML15148A489).
Issue 2: Codes and standards exist for detecting and evaluating ASR
damage.
The NRC disagrees that there are consensus codes or standards
sufficient to provide guidance for detecting and evaluating ASR damage.
The scope of both ACI 349.3R and ASTM C856-11 are discussed separately
below.
A. The ACI 349.3R is an ACI committee technical report intended to
provide recommended guidance for developing and implementing a
procedure for inspection and evaluation of many common concrete
degradation mechanisms in nuclear concrete structures. It contains only
very limited general information regarding ASR. ASR is not a common
condition in nuclear power plants, and the quantitative evaluation
criteria provided in the document have little or no specific
applicability to ASR degradation. Therefore, ACI 349.3R is not an
authoritative document to address and evaluate the impact of ASR on
intended functions of affected structures.
The discussion of evaluation techniques in ACI 349.3R recommends
visual inspection as the initial technique used for any evaluation, and
states that visual inspection can provide significant quantitative and
qualitative data regarding structural performance and the extent of any
degradation. The recommended approach places emphasis on the use of
general condition survey practices (visual inspection) in the
evaluation, supplemented by additional testing or analysis as needed,
based on the results of the general survey. Chapter 5, ``Evaluation
Criteria,'' of ACI 349.3R states: ``these guidelines focus on common
conditions that have a higher probability of occurrence and are not
meant to be all-inclusive. These criteria primarily address the
classification and treatment of visual inspection findings because this
technique will have the greatest usage.''
Although ACI 349.3R provides useful general guidance for the
development and implementation of a monitoring plan for concrete
structures, the NRC has neither formally endorsed nor approved it for
use. Instead, IN 2011-20 simply mentions ACI 349.3R as a resource where
additional information may be found regarding visual inspections (ADAMS
Accession No. ML112241029). Since ASR degradation would need to be
addressed on a degradation-specific and plant-specific basis, requiring
the use of ACI 349.3R would not provide better protection against ASR
concrete degradation than the current NRC requirements.
Related to the petitioner's comments on ``composite teams,'' the
NRC agrees that qualified personnel should be used to conduct
activities pertaining to safety-related functions of structures,
systems, and components (SSCs). Existing regulations provide for this
in the quality assurance program requirements under appendix B to 10
CFR part 50. This appendix requires applicants and licensees to
establish and implement a quality assurance program that applies to all
activities affecting the safety-related functions of SSCs. This program
specifies controls to provide adequate confidence that SSCs will
perform satisfactorily in service, including appropriate qualification
and training of personnel performing activities affecting quality to
assure suitable proficiency. This adequate confidence is part of the
basis for concluding that reasonable assurance of adequate protection
is provided. The ASME BPV Code, Section XI, Subsection IWL, defines
specific qualifications and responsibilities of the ``responsible
engineer,'' who evaluates the examination results and the condition of
the structural concrete related to the containment. Section
50.55a(g)(4) requires compliance with the ASME BPV Code, Section XI. In
addition to Sec. 50.55a requirements for containments, safety-related
structures are monitored under Sec. 50.65 (the maintenance rule), and
the associated qualification requirements are typically provided in the
licensee's implementing procedures, based on their 10 CFR part 50,
appendix B program.
As for the petitioner's claim related to the implementation of ACI
349.3R at Seabrook Station, including the formation of a composite
team, this topic is outside the scope of the NRC's consideration of the
generic rulemaking action in response to PRM-50-109. However, this
apparent claim of licensee wrongdoing was considered by
[[Page 65029]]
the NRC's allegations staff in Region I. After discussions with the
petitioner, it was confirmed that the petitioner cited the issues with
NextEra as examples of its concerns with regulations and did not intend
the issues to be considered as allegations.
B. Regarding the petitioner's comments on ASTM C856-11, although
the NRC has neither formally endorsed nor approved its use, the NRC
agrees that ASTM C856-11 is a consensus standard that details how to
conduct petrographic analysis of concrete bores and provides an
acceptable method to positively confirm the diagnosis of ASR. However,
it does not provide any guidance on when cores should be taken, from
where cores should be taken, how many cores should be taken, or how
frequently cores should be taken. Also, it does not provide a method to
evaluate ASR damage for impact on structural performance.
ASTM C856-11 outlines procedures for the petrographic examination
of samples of hardened concrete for a variety of purposes. One of the
purposes of this consensus standard is identifying visual evidence to
establish whether ASR has taken place, what aggregate constituents were
affected, and what evidence of the reaction exists. Petrographic
examination provides an assessment of the extent of ASR gel development
and its intrusion into the pores of the concrete sample; however,
petrographic examination does not indicate the impact of the ASR
reaction on the structural performance under design loads. Furthermore,
ASTM C856-11 does not provide any guidance on monitoring or evaluating
a concrete structure, such as when to take cores, or which portion of a
structure should be evaluated via core bores.
Materials laboratories that perform petrographic examination of
hardened concrete samples typically follow the current ASTM C856
standard practice for the application, unless another specific
procedure is specified in the request. The standard to which a plant-
specific petrographic examination is performed is specified by the
licensee and not addressed in the regulations. However, appendix B to
10 CFR part 50 requires licensees to ensure that activities affecting
safety-related functions are controlled to provide adequate confidence
that SSCs will perform satisfactorily in service. Also, 10 CFR part 50,
appendix A, ``General Design Criteria for Nuclear Power Plants,''
Criterion 1, ``Quality standards and records,'' requires, in part, that
``where generally recognized codes and standards are used, they shall
be identified and evaluated to determine their applicability, adequacy,
and sufficiency and shall be supplemented or modified as necessary to
assure a quality product in keeping with the required safety
function.'' Therefore, the licensee must ensure the analysis is
sufficient to identify ASR.
In summary, both ACI 349.3R and ASTM C856-11 provide useful
guidance and methods licensees may adopt, as applicable, to meet
requirements in existing NRC regulations, such as Sec. 50.55a, Sec.
50.65, and 10 CFR part 54. However, neither of the documents provide
methods to comprehensively address the long-term structural impact and
management of ASR degradation.
Issue 3: Regulations should require compliance with ACI 349.3R and
ASTM C856-11.
The NRC disagrees that its regulations need to be revised to
require compliance with ACI 349.3R and ASTM C856-11. The NRC's existing
regulations are sufficient to provide reasonable assurance of adequate
protection of public health and safety due to concrete degradation,
including ASR.
The petition does not take into account the NRC's existing
regulatory requirements that each nuclear power reactor licensee must
meet to demonstrate the ongoing capability of structures to perform
their intended safety functions. The NRC's regulatory requirements are
applicable to all operating reactors and focused on overall structure
and component performance requirements necessary to maintain intended
safety functions. The NRC's regulations do not typically prescribe how
licensees must meet the requirements, nor do the regulations normally
address degradation-specific issues. The following discussion
identifies and briefly summarizes the relevant regulatory requirements
and processes and explains how they require licensees to address ASR
before it becomes a safety issue.
Section 50.65 requires licensees to monitor the
performance or condition of SSCs under its scope, including safety-
related structures, considering industry-wide operating experience, in
a manner sufficient to provide reasonable assurance that these SSCs are
capable of fulfilling their intended functions. For structures, this
requirement is normally met by periodically monitoring their condition
on a frequency that is commensurate with their safety significance and
condition. If the basic assessments identify degradation, additional
degradation-specific condition monitoring is required, along with more
frequent assessments until the degradation is addressed. Regulatory
Guide (RG) 1.160, ``Monitoring the Effectiveness of Maintenance at
Nuclear Power Plants,'' provides guidance on methods acceptable to the
NRC staff for implementation of the maintenance rule and includes the
attributes of an acceptable structural monitoring program. In summary,
Sec. 50.65 already requires structural assessments that are adequate
to detect visual indications of ASR before it would pose a significant
structural concern.
Criterion XVI, ``Corrective Action,'' of appendix B to 10
CFR part 50 requires licensees to implement a corrective action program
to assure that conditions adverse to quality and non-conformances are
promptly identified and corrected. In the case of significant
conditions adverse to quality, the measures shall assure that the cause
of the condition is determined, and corrective action is taken to
preclude repetition. This requirement applies to all degradation
mechanisms, including ASR. In the case of ASR, a licensee would have to
identify the root cause of the degradation and address the degradation,
such that intended safety functions are not impacted. Accordingly,
Criterion XVI is an NRC regulatory requirement that provides for the
identification and further technical evaluation of ASR, before there
would be significant degradation to the structural integrity of safety-
related concrete structures at nuclear power plants.
Section 50.55a(g)(4) requires licensees to inspect
concrete containments in accordance with the ASME BPV Code, Section XI,
Subsection IWL, as incorporated by reference and subject to conditions.
Subsection IWL requires that a general visual examination of all
accessible containment concrete surfaces be conducted every 5 years by
qualified personnel under the direction of the ``responsible
engineer.'' Further, Subsection IWL requires a detailed visual
examination to determine the magnitude and extent of deterioration and
distress of suspect containment concrete surfaces initially detected by
general visual examinations. Subsection IWL specifies acceptance
standards based on acceptance by examination, acceptance by engineering
evaluation (requires preparation of an engineering evaluation report
including cause of the condition), or acceptance by repair/replacement.
In accordance with the condition on use of Section XI in Sec.
50.55a(b)(2)(viii)(E), licensees must evaluate the acceptability of
inaccessible areas when conditions exist in accessible areas that could
indicate the presence of or result in degradation to such inaccessible
areas. These
[[Page 65030]]
requirements are designed to ensure that visual indications of ASR will
be detected prior to causing significant structural degradation that
could impact the intended safety function of the containment.
Accordingly, Sec. 50.55a is a requirement that provides for the
identification and further technical evaluation of ASR, before there
would be significant degradation of structural integrity of concrete
containment structures at nuclear power plants.
Appendix J to 10 CFR part 50, ``Primary Reactor
Containment Leakage Testing Requirements for Water Cooled Reactors,''
requires that primary reactor containments periodically meet the
leakage-rate test requirements to ensure that (a) leakage does not
exceed allowable rates listed in the technical specifications; and (b)
integrity of the containment structure is maintained during its service
life. This regulation requires periodic performance monitoring of the
containment to demonstrate that the containment can perform its
intended safety function, regardless of identified degradation. If the
containment were unable to meet the requirements of 10 CFR part 50,
appendix J, it would be declared inoperable and the plant could not
return to operation until the issue was addressed. Accordingly,
appendix J of 10 CFR part 50 is a regulatory requirement that provides
for the identification and technical evaluation of ASR, before there
would be significant degradation of structural integrity of concrete
containment structures at nuclear power plants.
Section 54.21(a)(3) requires applicants for license
renewal to demonstrate that the effects of aging will be adequately
managed, such that the intended functions of structures and components
subject to aging management are maintained, consistent with the current
licensing basis for the period of extended operation. Regulatory
guidance for developing aging management programs, including for ASR
aging effects on concrete structures, is provided in NUREG-1801,
``Generic Aging Lessons Learned Report'' (GALL Report). Any licensee
applying for license renewal must have a structural aging management
program in place that can identify indications of concrete degradation,
including degradation due to ASR, before it becomes an issue that could
impact an intended safety function. Accordingly, Sec. 54.21(a)(3) is a
regulatory requirement that provides for the identification and further
technical evaluation of ASR, before there is significant degradation to
the structural integrity of safety-related concrete structures at
nuclear power plants.
The Reactor Oversight Process (ROP) is the process that
the NRC uses to verify that power reactors are operating in accordance
with NRC rules and regulations. Under the ROP, the NRC conducts routine
baseline inspections, problem identification and resolution
inspections, reactive inspections, and other assessments of plant
performance. If licensees are not properly meeting the regulations, the
NRC can take actions to protect public health and safety.
The generic communications process is used to address
potential generic issues that are safety significant and may
necessitate action by licensees to resolve. Generic communications,
which include bulletins, generic letters and INs, are used to convey
safety significant issues and operating experience, including
degradation-specific issues. The NRC has issued a generic communication
(IN 2011-20) to inform the industry of the generic impacts of ASR.
Information about the NRC's Generic Communications Program is available
at https://www.nrc.gov/about-nrc/regulatory/gencomms.html.
The enforcement process may be used if licensees fail to
adequately address safety-significant issues, consistent with the
regulatory requirements as outlined above. The NRC may use enforcement
actions, including issuing orders pursuant to Sec. 2.202, ``Orders,''
to modify, suspend, or revoke a license if ASR becomes a safety-
significant issue that a licensee is not adequately addressing.
In addition to these generic requirements and processes, the GALL
Report (NUREG-1801) makes specific reference to ACI 349.3R in its
guidance for aging management programs (AMPs). AMP XI.S6, ``Structures
Monitoring,'' recommends that visual inspection be used to identify
structural distress or deterioration of concrete, such as that
described in ACI 201.1R and ACI 349.3R. In addition, the GALL Report
notes that the personnel qualifications in Chapter 7 and the evaluation
criteria in Chapter 5 of ACI 349.3R are acceptable for concrete
structures. However, the GALL Report also notes that use of plant-
specific criteria may also be justified. Although ACI 349.3R is one
acceptable method to monitor concrete structures for degradation, it is
not the only method, and so there is no need for the NRC to require its
exclusive use via regulation.
With respect to ASTM C856-11, the NRC agrees that it is an
acceptable and established consensus testing standard for conducting
petrographic examination of hardened concrete that can be used to
confirm the diagnosis of ASR. However, as discussed previously, the
NRC's existing regulations in 10 CFR part 50, appendix A and appendix
B, ensure appropriate methods or standards are used when conducting
tests associated with safety-related structures. Therefore, there is no
need to require the use of ASTM C856-11 through regulation.
The NRC also considered whether ASR concrete degradation raises new
safety concerns that would justify additional regulatory requirements
for all licensees beyond those already included in NRC regulations.
While it is possible that there could be plants that used a potentially
reactive aggregate in their concrete, the NRC is not aware of any U.S.
nuclear power plants, other than Seabrook Station, that have a
documented occurrence of ASR. The NRC notes that the use of a
potentially reactive aggregate does not necessarily result in the
occurrence of ASR. In addition to reactive aggregates, relatively high
alkali content in the cement, and high relative humidity levels are
necessary for ASR to occur. Through the issuance of IN 2011-20, the NRC
has informed licensees of the occurrence of ASR-induced concrete
degradation at Seabrook Station, with the expectation that the
operating experience would be evaluated by licensees and considered for
appropriate action. Thus, the nuclear power industry is aware of the
potential for ASR to occur, even if aggregates were screened out based
on reactivity or other tests conducted at the time of construction. For
the reasons outlined above, the NRC has determined that the agency's
existing regulatory structure is sufficient for the identification and
technical evaluation of ASR before there is significant degradation to
the structural integrity of safety-related concrete structures at
nuclear power plants. Therefore, new or amended regulations are not
needed to require industry-wide compliance with ACI 349.3R and ASTM
C856-11.
The petitioner's claims related to Seabrook Station are outside the
scope of the NRC's consideration of the generic rulemaking action in
response to PRM-50-109; however, the apparent claims of NRC wrongdoing
were forwarded to the NRC's Office of the Inspector General and
subsequently to the NRC's allegations staff in Region I. After
discussions with the petitioner, the NRC confirmed that the petitioner
cited the issues as examples of their concerns with the regulations and
did
[[Page 65031]]
not intend them to be considered as allegations or claims of
wrongdoing.
IV. Conclusion
For the reasons cited in Section III of this document, the NRC is
denying PRM-50-109 under Sec. 2.803. Existing NRC regulations
establish programmatic and design basis requirements that are adequate
to address the effects of concrete degradation mechanisms, including
ASR, in safety-related structures. Compliance with these regulations,
verified through NRC licensing and oversight processes, provide
reasonable assurance of adequate protection of public health and
safety. Specifically, existing NRC regulations ensure that concrete
degradation due to ASR will not result in unacceptable reductions in
structural capacity of safety-related structures at nuclear power
plants. Therefore, new or amended regulations to require the use of the
documents identified in the PRM (ACI 349.3R and ASTM C856-11) to
provide better protection against concrete degradation due to ASR are
not needed in order to provide reasonable assurance of adequate
protection of public health and safety at U.S. nuclear power plants.
V. Availability of Documents
The documents identified in the following table are available to
interested persons through one or more of the following methods, as
indicated. For more information on accessing ADAMS, see the ADDRESSES
section of this document.
------------------------------------------------------------------------
ADAMS Accession No./
Federal Register
Document citation/report No. Link to publication
and date
------------------------------------------------------------------------
PRM Documents
------------------------------------------------------------------------
PRM from the C-10 Research ADAMS Accession No. https://
and Education Foundation. ML14281A124, pbadupws.nrc.gov/
September 25, 2014. docs/ML1428/
ML14281A124.pdf.
Federal Register notice for Federal Register/ https://www.gpo.gov/
PRM, notice of docketing, Vol. 80, No. 7/ fdsys/pkg/FR-2015-
and request for comment. Monday, January 12, 01-12/html/2015-
2015/Proposed Rules. 00199.htm.
SECY-18-0036, ``Denial of ADAMS Accession No. https://
Petition for Rulemaking ML15301A084, March pbadupws.nrc.gov/
Submitted by the C-10 8, 2018. docs/ML1530/
Foundation (PRM-50-109). ML15301A084.pdf.
------------------------------------------------------------------------
Public Comments on PRM (see table under the heading, I. Public Comments
on the Petition).
------------------------------------------------------------------------
ASR-Related Technical Materials
------------------------------------------------------------------------
``Standard Practice for ASTM C856-11, 2011.. Available for
Petrographic Examination of purchase: https://
Hardened Concrete'', ASTM www.astm.org/
International. Standards/C856.htm.
``Evaluation of Existing ACI 349.3R-02, June Available for
Nuclear Safety Related 2002. purchase: https://
Concrete Structures'', www.concrete.org/
American Concrete Institute. store/
productdetail.aspx?
ItemID=349302&Forma
t=DOWNLOAD.
``Guide to the Evaluation CSA A864-00 Available for
and Management of Concrete Reaffirmed 2005. purchase: https://
Structures Affected by shop.csa.ca/en/
Alkali-Aggregate canada/concrete/
Reaction'', CSA Group. a864-00-r2005/invt/
27010172000.
``ASR/DEF Damaged Bent Caps: Technical Report No. https://
Shear Tests and Field 12-8XXIA006, August library.ctr.utexas.
Implications'' Texas 2009. edu/digitized/
Department of IACreports/IAC-12-
Transportation. 8XXIA006.pdf.
``Report on the Diagnosis, FHWA-HIF-09-004, https://
Prognosis, and Mitigation January 2010. www.fhwa.dot.gov/
of Alkali-Silica Reaction pavement/concrete/
(ASR) in Transportation pubs/hif09004/
Structures'', Federal hif09004.pdf.
Highway Administration.
NRC Information Notice 2011- ADAMS Accession No. https://www.nrc.gov/
20: Concrete Degradation by ML112241029, docs/ML1122/
Alkali-Silica Reaction, NRC. November 18, 2011. ML112241029.pdf.
``Position Paper: In Situ ADAMS Accession No. https://www.nrc.gov/
Monitoring of Alkali-Silica ML13108A047, April docs/ML1310/
Reaction (ASR) Affected 30, 2013. ML13108A047.pdf.
Concrete: A Study on Crack
Indexing and Damage Rating
Index to Assess the
Severity of ASR and to
Monitor ASR Progression'',
NRC.
------------------------------------------------------------------------
Referenced Documents Specific to Seabrook Station
------------------------------------------------------------------------
``Seabrook Station: Impact ADAMS Accession No. https://www.nrc.gov/
of Alkali-Silica Reaction ML12151A397, May docs/ML1215/
on Concrete Structures and 2012. ML12151A397.pdf.
Attachments'', MPR
Associates Inc.
``Seabrook Station Response ADAMS Accession No. https://www.nrc.gov/
to Confirmatory Action ML13151A328, May 1, docs/ML1315/
Letter'', NextEra. 2013. ML13151A328.pdf.
Letter from David Wright, ADAMS Accession No. https://www.nrc.gov/
UCS, to NRC Commissioners, ML13309B606, docs/ML1330/
UCS. November 4, 2013. ML13309B606.pdf.
Letter from William M. Dean, ADAMS Accession No. https://www.nrc.gov/
NRC, to David Wright, UCS, ML13340A405, docs/ML1334/
NRC. December 6, 2013. ML13340A405.pdf.
Letter from Robert M. ADAMS Accession No. https://www.nrc.gov/
Taylor, NRC, to Sandra ML16169A172, July docs/ML1616/
Gavutis, C-10, NRC. 6, 2016. ML16169A172.pdf.
------------------------------------------------------------------------
Additional Referenced Documents
------------------------------------------------------------------------
NUREG-1801, ``Generic Aging December 2010....... https://www.nrc.gov/
Lessons Learned Report,'' reading-rm/doc-
Revision 2. collections/nuregs/
staff/sr1801/.
[[Page 65032]]
RG 1.160, ``Monitoring the ADAMS Accession No. https://www.nrc.gov/
Effectiveness of ML113610098, May docs/ML1136/
Maintenance at Nuclear 2012. ML113610098.pdf.
Power Plants,'' Revision 3.
``Davis-Besse Nuclear Power ADAMS Accession No. https://www.nrc.gov/
Station_Inspection of ML15148A489, May docs/ML1514/
Apparent Cause Evaluation 28, 2015. ML15148A489.pdf.
Efforts for Propagation of
Laminar Cracking in
Reinforced Concrete Shield
Building and Closure of
Unresolved Item Involving
Shield Building Laminar
Cracking Licensing Basis--
Inspection Report 05000346/
2014008'', NRC.
------------------------------------------------------------------------
Dated at Rockville, Maryland, this 19th day of November 2019.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 2019-25489 Filed 11-25-19; 8:45 am]
BILLING CODE 7590-01-P