Reactor Vessel Material Surveillance Program, 62199-62207 [2020-21505]
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Federal Register / Vol. 85, No. 192 / Friday, October 2, 2020 / Rules and Regulations
parties and such conflict will suspend
the running of the 30-calendar-day
payment requirement.
(iii) If a repurchase of a guaranteed
loan includes the capitalization of
interest, interest accrued on the
capitalized interest will not be paid to
the holder.
(4) Subrogation. When the Agency
purchases a loan from a holder it
assumes all rights that were previously
held by the holder.
(5) Servicing fee. When the Agency
purchases the guaranteed portion of the
loan from a holder, the lender’s
servicing fee will stop on the date that
interest was last paid by the borrower.
The lender can neither charge a
servicing fee to the Agency nor collect
such fee from the Agency.
(6) Accrued interest. If the Agency
repurchases 100 percent of the
guaranteed portion of a loan and
becomes the holder, interest accrual on
the loan will cease until the lender
resumes remittance of the pro rata
payments to the Agency.
(7) Establishing interest termination
date. When a guaranteed loan has been
delinquent more than 60 calendar days
and no holder comes forward or when
the lender has accelerated the account,
and subject to the expiration of any
forbearance or workout agreement, the
lender, or the Agency at its sole
discretion, must issue a letter to the
holder(s) establishing the interest
termination date in accordance with
§ 5001.450(c)(2).
(8) Obligations and rights. Purchase
by the Agency neither changes, alters, or
modifies any of the lender’s obligations
to the Agency arising from the lender’s
agreement, guaranteed loan or loan note
guarantee, nor does it waive any of the
Agency’s rights against the lender. The
Agency will have the right to set-off
against the lender all rights inuring to
the Agency as the holder of the
instrument against the Agency’s
obligation to the lender under the loan
note guarantee.
(9) Accelerated loan. When the lender
has accelerated the loan and the lender
holds all or a portion of the guaranteed
loan, an estimated loss claim must be
filed by the Lender with the Agency
within 60 calendar days from the date
the loan was accelerated. Accrued
interest paid to the lender in accordance
with § 5001.450(c)(1).
(10) Interest termination during
bankruptcy. When a borrower files a
Chapter 7 liquidation plan, the lender
shall immediately notify the Agency
and submit a liquidation plan. The
Agency will establish an interest
termination date based on the date
Interest was last paid to the lender.
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When a borrower files either a Chapter
9 or Chapter 11 bankruptcy
restructuring plan, the Agency and
lender shall meet to discuss the
bankruptcy procedure, the ability of the
borrower to meet their restructuring
plan, the lender’s treatment of accruing
interest, and potentially establish an
interest termination date for the
guaranteed loan. If the restructuring
bankruptcy Chapter 9 or Chapter 11 is
converted to a liquidation bankruptcy
Chapter 7 by court order, the interest
termination date will be the date of such
conversion.
§ 5001.515
[Corrected]
23. On page 42574 in the third column
in § 5001.515, remove paragraph (c).
■
§ 5001.524
[Corrected]
24. On page 42580 in the third column
in § 5001.524, remove paragraph (d).
■
Bette B. Brand,
Deputy Under Secretary, Rural Development.
[FR Doc. 2020–21917 Filed 9–30–20; 4:15 pm]
BILLING CODE 3410–XY–P
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 50
[NRC–2017–0151]
RIN 3150–AK07
Reactor Vessel Material Surveillance
Program
Nuclear Regulatory
Commission.
ACTION: Direct final rule.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is amending the
reactor vessel material surveillance
program requirements for commercial
light-water power reactors. This direct
final rule revises the requirements
associated with the testing of specimens
contained within surveillance capsules
and reporting the surveillance test
results. This direct final rule also
clarifies the requirements for the design
of surveillance programs and the
capsule withdrawal schedules for
surveillance capsules in reactor vessels
purchased after 1982. These changes
reduce regulatory burden, with no effect
on public health and safety.
DATES: This direct final rule is effective
February 1, 2021, unless significant
adverse comments are received by
November 2, 2020. If this direct final
rule is withdrawn as a result of such
comments, timely notice of the
withdrawal will be published in the
Federal Register. Comments received
SUMMARY:
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62199
after this date will be considered if it is
practical to do so, but the NRC is able
to ensure consideration only for
comments received on or before this
date. Comments received on this direct
final rule will also be considered to be
comments on a companion proposed
rule published in the Proposed Rules
section of this issue of the Federal
Register.
Please refer to Docket ID
NRC–2017–0151 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–2017–0151. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individuals 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
‘‘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, at 301–415–4737, or
by email to pdr.resource@nrc.gov. For
the convenience of the reader,
instructions about obtaining materials
referenced in this document are
provided in the ‘‘Availability of
Documents’’ section.
• Attention: The PDR, where you may
examine and order copies of public
documents is currently closed. You may
submit your request to the PDR via
email at PDR.Resource@nrc.gov or call
1–800–397–4209 between 8:00 a.m. and
4:00 p.m. (EST), Monday through
Friday, except Federal holidays.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Stewart Schneider, Office of Nuclear
Material Safety and Safeguards, 301–
415–4123, email: Stewart.Schneider@
nrc.gov, or On Yee, Office of Nuclear
Reactor Regulation, telephone: 301–
415–1905, email: On.Yee@nrc.gov. Both
are staff of the U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001.
SUPPLEMENTARY INFORMATION:
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comment submissions to remove
identifying or contact information.
If you are requesting or aggregating
comments from other persons for
submission to the NRC, then you should
inform those persons not to include
identifying or contact information that
they do not want to be publicly
disclosed in their comment submission.
Your request should state that the NRC
does not routinely edit comment
submissions to remove such information
before making the comment
submissions available to the public or
entering the comment into ADAMS.
Table of Contents
I. Obtaining Information and Submitting
Comments
II. Procedural Background
III. Background
IV. Discussion
V. Section-by-Section Analysis
VI. Regulatory Flexibility Certification
VII. Regulatory Analysis
VIII. Backfitting and Issue Finality
IX. Cumulative Effects of Regulation
X. Plain Writing
XI. Environmental Impact—Categorical
Exclusion
XII. Paperwork Reduction Act Statement
XIII. Congressional Review Act
XIV. Compatibility of Agreement State
Regulations
XV. Voluntary Consensus Standards
XVI. Availability of Documents
II. Procedural Background
I. Obtaining Information and
Submitting Comments
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A. Obtaining Information
Please refer to Docket ID NRC–2017–
0151 when contacting the NRC about
the availability of information for this
action. You may obtain publiclyavailable 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–2017–0151.
• 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 PDR reference staff at 1–800–
397–4209, at 301–415–4737, or by email
to pdr.resource@nrc.gov. For the
convenience of the reader, instructions
about obtaining materials referenced in
this document are provided in the
‘‘Availability of Documents’’ section.
• Attention: The PDR, where you may
examine and order copies of public
documents, is currently closed. You
may submit your request to the PDR via
email at PDR.Resource@nrc.gov or call
1–800–397–4209 between 8:00 a.m. and
4:00 p.m. (EST), Monday through
Friday, except Federal holidays.
B. Submitting Comments
Please include Docket ID NRC–2017–
0151 in your comment submission.
The NRC cautions you not to include
identifying or contact information that
you do not want to be publicly
disclosed in your comment submission.
The NRC will post all comment
submissions at https://
www.regulations.gov as well as enter the
comment submissions into ADAMS.
The NRC does not routinely edit
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Because the NRC anticipates that this
action will be non-controversial, the
NRC is using the ‘‘direct final rule
process’’ for this rule. The direct final
rule will become effective on February
1, 2021. However, if the NRC receives
significant adverse comments on this
direct final rule by November 2, 2020,
then the NRC will publish a document
that withdraws this action and will
subsequently address the comments
received in a final rule as a response to
the companion proposed rule published
in the Proposed Rule section of this
issue of the Federal Register. Absent
significant modifications to the
proposed revisions requiring
republication, the NRC will not initiate
a second comment period on this action.
A significant adverse comment is a
comment where the commenter
explains why the rule would be
inappropriate, including challenges to
the rule’s underlying premise or
approach, or would be ineffective or
unacceptable without a change. A
comment is adverse and significant if:
(1) The comment opposes the rule and
provides a reason sufficient to require a
substantive response in a notice-andcomment process. For example, a
substantive response is required when:
(a) The comment causes the NRC to
reevaluate (or reconsider) its position or
conduct additional analysis;
(b) The comment raises an issue
serious enough to warrant a substantive
response to clarify or complete the
record; or
(c) The comment raises a relevant
issue that was not previously addressed
or considered by the NRC.
(2) The comment proposes a change
or an addition to the rule, and it is
apparent that the rule would be
ineffective or unacceptable without
incorporation of the change or addition.
(3) The comment causes the NRC staff
to make a change (other than editorial)
to the rule.
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For detailed instructions on filing
comments, please see the ADDRESSES
section of this document.
III. Background
A. Description of a Reactor Vessel
Material Surveillance Program
The reactor vessel and its internal
components support and align the fuel
assemblies that make up the reactor core
and provide a flow path to ensure
adequate heat removal from the fuel
assemblies. The reactor vessel also
provides containment and a floodable
volume to maintain core cooling in the
event of an accident causing loss of the
primary coolant. It is a cylindrical shell
with a welded hemispherical bottom
head and a removable hemispherical
upper head. Some vessel shells were
fabricated from curved plates that were
joined by longitudinal and
circumferential welds. Others were
manufactured using forged rings and,
therefore, only have circumferential
welds that join the rings. These plate
and forging materials are referred to as
base metals. Maintenance of the
structural integrity of the reactor vessel
is essential in ensuring plant safety,
because there is no redundant system to
maintain core cooling in the event of a
vessel failure.
One characteristic of reactor vessel
steels is that their material properties
change as a function of temperature and
neutron irradiation. The primary
material property of interest for the
purposes of reactor vessel integrity is
the fracture toughness of the reactor
vessel material. Extensive experimental
work determined that Charpy impact
energy tests, which measure the amount
of energy required to fail a small
material specimen, can be correlated to
changes in fracture toughness of a
material. Thus, the Charpy impact
specimens 1 from the beltline 2 materials
(i.e., base metal, weld metal, and heataffected zone) became the standard to
assess the change in fracture toughness
in ferritic steels.
The fracture toughness of reactor
vessel materials decreases with
decreasing temperature and with
increasing irradiation from the reactor.
The decrease in fracture toughness due
to neutron irradiation is referred to as
‘‘neutron embrittlement.’’ The fracture
toughness of reactor vessel materials is
determined by using fracture toughness
curves in the American Society of
Mechanical Engineers (ASME) Code,
1 A Charpy impact specimen is a bar of metal, or
other material, having a V-groove notch machined
across the 10 mm thickness dimension.
2 A definition of the beltline or beltline region is
provided in appendix G to 10 CFR part 50.
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which are indexed to the reference
temperature for nil-ductility transition
(RTNDT), as specified in ASME Boiler
and Pressure Vessel Code, Section II,
‘‘Materials.’’ To account for the effects
of neutron irradiation, the increase in
RTNDT is equated to the increase in the
30 ft-lb index temperature from tests of
Charpy-V notch impact specimens
irradiated in capsules as a part of the
surveillance program. The surveillance
program includes Charpy impact
specimens of the base and weld metals
for the reactor vessel in each
surveillance capsule. These surveillance
capsules are exposed to the same
operating conditions as the reactor
vessel, and because the capsules are
located closer to the reactor core than
the reactor vessel inner diameter, the
surveillance specimens are generally
exposed to higher neutron irradiation
levels than those experienced by the
reactor vessel at any given time.
As a result of the surveillance
capsule’s location within the reactor
vessel, the test specimens generally
reflect changes in fracture toughness
due to neutron embrittlement in
advance of what the reactor vessel
experiences and provide insight to the
future condition of the reactor vessel.
Therefore, the NRC instituted reactor
vessel material surveillance programs as
a requirement of appendix H, ‘‘Reactor
Vessel Material Surveillance Program
Requirements’’ (appendix H), to part 50
of title 10 of the Code of Federal
Regulations (10 CFR), ‘‘Domestic
Licensing of Production and Utilization
Facilities,’’ so that the placement and
testing of Charpy impact specimens in
capsules between the inner diameter
vessel wall and the core can provide
data for assessing and projecting the
change in fracture toughness of the
reactor vessel.
The purpose for requiring a reactor
vessel material surveillance program is
to monitor changes in the fracture
toughness properties in the beltline
region of the reactor vessel and to use
this information to analyze the reactor
vessel integrity. Surveillance programs
are designed not only to examine the
current status of reactor vessel material
properties but also to predict the
changes in these properties resulting
from the cumulative effects of neutron
irradiation.
The determination as to whether a
commercial nuclear power reactor
vessel requires a material surveillance
program under appendix H to 10 CFR
part 50 is made at the time of plant
licensing under 10 CFR part 50 or 10
CFR part 52, ‘‘Licenses, Certifications,
and Approvals for Nuclear Power
Plants.’’ If this surveillance program is
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required, it is designed and
implemented at that time using the
existing requirements. Certain aspects of
the program, such as the specific
materials to be monitored, the number
of required surveillance capsules to be
inserted in the reactor vessel, and the
initial capsule withdrawal schedule
were designed for the original licensed
period of operation (i.e., 40 years). The
editions of the ASTM International
(ASTM) E 185, which are incorporated
by reference in appendix H to 10 CFR
part 50, recommend three, four, or five
surveillance capsules to be included in
the design of reactor vessel material
surveillance programs for the original
licensed period of operation, based on
the irradiation sensitivity of the material
used to fabricate the reactor vessel.3
Most plants have included several
additional surveillance capsules beyond
the number recommended by ASTM E
185. These capsules are referred to as
‘‘standby capsules.’’ The surveillance
program for each reactor vessel provides
assurance that the plant’s operating
limits (e.g., the pressure-temperature
limits) continue to meet the provisions
in Appendix G of ASME Boiler and
Pressure Vessel Code, Section XI,
‘‘Rules for Inservice Inspection of
Nuclear Power Plant Components,’’ as
required by appendix G, ‘‘Fracture
Toughness Requirements,’’ to 10 CFR
part 50. The program also provides
assurance that the reactor vessel
material upper shelf energy meets the
requirements of appendix G to 10 CFR
part 50. These assessments are used to
ensure the integrity of the reactor vessel.
In addition to the Charpy impact
specimens for determining the
embrittlement in the reactor vessel, the
surveillance capsules typically contain
neutron dosimeters, thermal monitors,
and tension specimens.4 Surveillance
capsules may also contain correlation
monitor material, which is a material
with composition, properties, and
response to radiation that have been
well characterized. The overall accuracy
of neutron fluence measurements is
dependent upon knowledge of the
neutron spectrum. Therefore, a variety
of neutron detector materials (dosimetry
3 The requirements in appendix H to 10 CFR part
50 are based, in part, on the information contained
within ASTM E 185–73, ‘‘Standard Recommended
Practice for Surveillance Tests for Nuclear Reactor
Vessels;’’ ASTM 185–79, ‘‘Standard Practice for
Conducting Surveillance Tests for Light-Water
Cooled Nuclear Power Reactor Vessels;’’ and ASTM
E 185–82, ‘‘Standard Practice for Conducting
Surveillance Tests for Light-Water Cooled Nuclear
Power Reactor Vessels,’’ which are incorporated by
reference.
4 Tension specimens have a standardized sample
cross-section, with two shoulders and a gage
(section) in between.
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wires) are included in each surveillance
capsule and used in the determination
of neutron fluence for the vessel. The
thermal monitors that are placed in the
capsules (e.g., low-melting-point
elements or eutectic alloys) are used to
identify the irradiated specimen’s
maximum exposure temperature.
B. Current Requirements Under
Appendix H to 10 CFR Part 50
Appendix H to 10 CFR part 50
requires light-water nuclear power
reactor licensees to have a reactor vessel
material surveillance program to
monitor changes in the fracture
toughness properties of the reactor
vessel materials adjacent to the reactor
core in the beltline region. Unless it can
be shown that the end of design life
neutron fluence is below certain criteria,
the NRC requires licensees to
implement a materials surveillance
program that tests irradiated material
specimens that are located in
surveillance capsules in the reactor
vessels. The program evaluates changes
in material fracture toughness and
thereby assesses the integrity of the
reactor vessel. For each capsule
withdrawal, the test procedures and
reporting requirements must meet the
requirements of ASTM E 185–82,
‘‘Standard Practice for Conducting
Surveillance Tests for Light-Water
Cooled Reactor Vessels,’’ to the extent
practicable for the configuration of the
specimens in the capsule.
The design of the surveillance
program and the withdrawal schedule
must meet the requirements of the
edition of ASTM E 185 that is current
on the issue date of the ASME Code to
which the reactor vessel was purchased.
Later editions of ASTM E 185, up to and
including those editions through 1982,
may be used. Appendix H to 10 CFR
part 50 specifically incorporates by
reference ASTM E 185–73, ‘‘Standard
Recommended Practice for Surveillance
Tests for Nuclear Reactor Vessels;’’
ASTM E 185–79, ‘‘Standard Practice for
Conducting Surveillance Tests for LightWater Cooled Nuclear Power Reactor
Vessels,’’ and ASTM E 185–82. In sum,
the surveillance program must comply
with ASTM E 185, as modified by
appendix H to 10 CFR part 50. The
number, design, and location of these
surveillance capsules within the reactor
vessel are established during the design
of the program, before initial plant
operation.
Appendix H to 10 CFR part 50 also
specifies that each capsule withdrawal
and subsequent test results must be the
subject of a summary technical report to
be submitted to the NRC within one
year of the date of capsule withdrawal,
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unless an extension is granted by the
Director, Office of Nuclear Reactor
Regulation. The NRC uses the results
from the surveillance program to assess
licensee submittals related to pressuretemperature limits under appendix G to
10 CFR part 50 and to assess pressurized
water reactor licensee’s compliance
with either § 50.61, ‘‘Fracture toughness
requirements for protection against
pressurized thermal shock events,’’ or
§ 50.61a, ‘‘Alternate fracture toughness
requirements for protection against
pressurized thermal shock events.’’
C. The Need for Rulemaking
When appendix H to 10 CFR part 50
was established as a requirement (38 FR
19012; July 17, 1973), limited
information and data were available on
the subject of reactor vessel
embrittlement. Thus, appendix H to 10
CFR part 50 required the inclusion of a
comprehensive collection of specimen
types representing the reactor vessel
beltline materials in each surveillance
capsule. Since 1973, a significant
number of surveillance capsules have
been withdrawn and tested. Analyses of
these results support reconsidering the
specimen types required for testing, and
the required time for reporting the
results from surveillance capsule
testing. One outcome of this effort was
that some specimen types were found to
contribute to the characterization of
reactor vessel embrittlement, while
others did not. Therefore, the NRC
determined that these latter types were
unnecessary to meet the objectives of
appendix H to 10 CFR part 50 and
should no longer be required. Revising
appendix H to 10 CFR part 50 to address
this situation reduces the regulatory
burden on licensees of data collection,
with no effect on public health and
safety.
In 1983, appendix H to 10 CFR part
50 was revised to require licensees to
submit test results to the NRC within
one year of the date of capsule
withdrawal, unless an extension is
granted by the Director, Office of
Nuclear Reactor Regulation (48 FR
24008; May 27, 1983). As stated in the
1983 rulemaking, the reason for the
requirement was the need for timely
reporting of test results and notification
of any problems. At that time, there was
a limited amount of data from irradiated
materials from which to estimate
embrittlement trends of reactor vessels
at nuclear power plants, making it
important to receive timely reporting of
test results.
Licensees that participate in an
integrated surveillance program have
found it challenging to meet this oneyear requirement. This is related to the
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fact that an integrated surveillance
program requires coordination among
the multiple licensees participating in
the program.5 A significant number of
test specimens have been analyzed since
1983, the results of which support a
reduced need for prompt reporting of
the test results. Based on this, the NRC
has determined that the reporting
requirement in appendix H to 10 CFR
part 50 should be revised. Extending the
reporting period allows for more time
for licensee coordination and should
help eliminate the need for licensees to
prepare and submit extension requests
and for the NRC to review such
requests. This revision has no effect on
public health and safety.
D. Regulatory Basis To Support
Rulemaking
In January 2019, the Commission
issued Staff Requirements
Memorandum (SRM)–COMSECY–18–
0016, ‘‘Request Commission Approval
to Use the Direct Final Rule Process to
Revise the Testing and Reporting
Requirements in 10 CFR part 50,
Appendix H, Reactor Vessel Material
Surveillance Program Requirements
(RIN 3150–AK07),’’ approving
publication of the supporting regulatory
basis and use of the direct final rule
process. On April 3, 2019, the NRC
issued the regulatory basis which
provides an in-depth discussion on the
technical merits of this rulemaking (84
FR 12876).6 The regulatory basis
includes additional information on the
regulatory framework, types of reactor
vessel material surveillance programs,
regulatory topics that initiated this
rulemaking effort, and options to
address these topics. The regulatory
basis shows that there is sufficient
justification to proceed with rulemaking
to amend appendix H to 10 CFR part 50
to reduce certain test specimens and
extend the period to submit surveillance
capsule reports to the NRC. In addition,
in SRM–COMSECY–18–0016, the
Commission directed the staff to clarify
the requirements for the design of
surveillance programs and the
withdrawal schedules for reactor vessels
purchased after 1982. These revisions
will not establish any additional
5 Appendix H to 10 CFR part 50 permits the use
of an integrated surveillance program (ISP) as an
alternative to a plant-specific surveillance program.
In an ISP, the representative materials chosen for
surveillance of a reactor vessel are irradiated in one
or more other reactor vessels that have similar
design and operating features. The data obtained
from these test specimens may then be used in the
analysis of other plants participating in the
program.
6 A subsequent notification was published on
April 12, 2019 (84 FR 14845), to correct the ADAMS
accession number for the regulatory basis.
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requirements for the current fleet of
operating reactors.
IV. Discussion
The purpose of this action is to reduce
the regulatory burden on reactor
licensees and the NRC that is associated
with test specimens contained within
surveillance capsules and the reporting
of surveillance test results, with no
effect on public health and safety. This
action also clarifies the requirements for
the design of surveillance programs and
the withdrawal schedules for reactor
vessels purchased after 1982. The NRC
has determined that the following
revisions to appendix H to 10 CFR part
50 achieve the goal of reducing
regulatory burden. These revisions do
not establish any additional
requirements for the current fleet of
operating reactors.
1. Heat-Affected Zone Specimens
The editions of ASTM E 185
incorporated by reference in appendix H
to 10 CFR part 50 specify that the
surveillance test specimens shall
include base metal, weld metal, and
heat-affected zone materials. Heataffected zone specimens were first
required in reactor vessel material
surveillance programs in 1966 (ASTM E
185–66, ‘‘Recommended Practice for
Surveillance Tests on Structural
Materials in Nuclear Reactors’’). Cracks
in heat-affected zone material had been
observed to cause the failure of
components in non-nuclear
applications, and from early research,
these failures were in heat-affected zone
materials with high hardness
measurements, which is associated with
low fracture toughness.
The heat-affected zone has been
shown to exhibit superior fracture
toughness compared to the base metal.
In addition, test results from
surveillance specimens have shown
significant scatter of the heat-affected
zone Charpy test data because of the
inhomogeneous nature of the heataffected zone material. This was the
basis for eliminating the requirement for
heat-affected zone specimens after the
1994 edition of ASTM E 185; thus, it is
no longer prudent to require the
inclusion or testing of heat-affected zone
materials.
For these reasons, the NRC is revising
appendix H to 10 CFR part 50 to make
optional the requirement to include or
test heat-affected zone specimens as part
of the reactor vessel material
surveillance program. For existing
capsules that are currently in the reactor
vessel, licenses can continue their
practice to test the heat-affected zone
specimens. For new and reconstituted
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capsules 7 that may be inserted into the
reactor vessel in the future, licensees are
no longer required to have heat-affected
zone specimens in the capsules but
could choose to continue this practice.
This revision has no effect on public
health and safety.
2. Tension Specimens
The editions of ASTM E 185 currently
incorporated by reference in appendix H
to 10 CFR part 50 specify the following
with respect to tensile testing:
(1) For unirradiated material, tension
specimens shall be tested for both the
base and weld material at specified
temperatures.
(2) For irradiated material, tension
specimens shall be included for both the
base and weld material and tested at
specified temperatures.
(3) Tensile testing shall be conducted
in accordance with ASTM Method E 8,
‘‘Methods of Tension Testing of Metallic
Materials,’’ and ASTM E 21,
‘‘Recommended Practice for Elevated
Temperature Tension Tests of Metallic
Materials.’’
The variation of tensile properties
(e.g., yield strength, tensile strength, and
elongation) with test temperatures is
established by testing tension specimens
over a range of temperatures. Performing
tensile tests before and after irradiation
permits quantification of the hardening
effect due to irradiation using the
change in yield strength. Tensile data
provide an indication of the radiationinduced strength property changes in
the reactor vessel material and serve as
a consistency check relative to Charpy
data.
Past experience and test results have
demonstrated that the differences in the
test temperatures specified in ASTM E
185 can be small, which could yield
small differences in tensile properties
and redundant tensile information.
Eliminating one test temperature and
testing at room temperature and service
temperature at all irradiation levels,
allows for the comparison of the change
in strength properties due to irradiation
and temperature.
For these reasons, the NRC is revising
appendix H to 10 CFR part 50 to require
the inclusion or testing of only one
tension specimen at room temperature
and one tension specimen at service
temperature, for all materials and
irradiation levels as part of the reactor
vessel material surveillance program.
This reduces the number of tension
specimens required in new and
reconstituted surveillance capsules and
for testing in existing surveillance
7 A reconstituted capsule contains specimens
from previously tested capsules.
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capsules. For existing capsules that are
currently in the reactor vessel, licensees
can continue their practice of testing the
tension specimens in accordance with
ASTM E 185. For new and reconstituted
capsules that may be inserted into the
reactor vessel in the future, licensees
could choose to continue this practice.
This revision has no effect on public
health and safety.
3. Correlation Monitor Material
Correlation monitor material is a well
characterized reactor vessel material
that has been included in many
surveillance capsules. Correlation
monitor material is selected so that it
has a comparable composition and
processing history to the reactor vessel
material. The purpose of a correlation
monitor material in a surveillance
capsule is to provide reference data for
comparison to the established trends for
the correlation monitor material.
The editions of ASTM E 185 currently
incorporated by reference in appendix H
to 10 CFR part 50 specify that it is
optional to include correlation monitor
material in surveillance capsules. These
editions of ASTM E 185 do not
explicitly indicate whether correlation
monitor material shall be tested if it was
optionally included in a surveillance
capsule. Therefore, it is ambiguous
whether correlation monitor material
testing is required even though it is
optional to include this material in
surveillance capsules. In practice, the
testing of correlation monitor material
has demonstrated variability in the
measured material properties of the
correlation monitor material, which has
limited the practical use of the data.
For these reasons, the NRC is revising
appendix H to 10 CFR part 50 to clarify
that testing of correlation monitor
material is optional when included in
existing, new, and reconstituted
surveillance capsules. This revision has
no effect on public health and safety.
4. Thermal Monitors
ASTM E 185–82 specifies that the
surveillance capsules shall include one
set of temperature monitors (also known
as ‘‘thermal monitors’’) that are located
within the capsule where the specimen
temperature is predicted to be the
maximum, and additional sets of
temperature monitors may be placed at
other locations to characterize the
temperature profile. The standard
specifies reporting of the temperature
monitor results and an estimate of the
maximum capsule exposure
temperature.
Irradiation temperature is one of the
parameters that is closely correlated
with the effects of neutron
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embrittlement of reactor vessel steels,
with lower embrittlement measured at
higher irradiation temperatures within a
range close to the standard operating
temperature of 288 degrees Celsius (550
degrees Fahrenheit). Therefore,
knowledge of the irradiation
temperature history of surveillance
capsules is important to ensure that the
surveillance data are properly
interpreted and do not portray a nonconservative estimate of the reactor
vessel neutron embrittlement.
Temperature monitors are targeted to
melt at specific temperatures, normally
somewhat higher than the planned
operating temperature, to identify the
highest temperature seen by the
surveillance capsule. The monitors
provide an indication of whether the
melt temperature was reached but they
do not provide a time-based exposure
history of the monitor.
Several factors can complicate the
interpretation of the information from
temperature monitors. The first
complication arises when the
surveillance capsule experiences a short
duration thermal transient that increases
the coolant inlet temperature. This
could result in a positive indication
from the temperature monitors, which is
insignificant to the overall exposure
conditions of the surveillance capsule.
A second complication is caused by
possible interpretation issues, where
apparent melting of the temperature
monitors is caused by long-term
exposure of the monitor to temperatures
near, but below, its melting point.
For these reasons, the NRC is revising
appendix H to 10 CFR part 50 to make
optional the requirement to include or
evaluate temperature monitors as part of
the reactor vessel material surveillance
program. For existing capsules that are
currently in the reactor vessel, licensees
can continue their practice of evaluating
the temperature monitors. For new and
reconstituted capsules that may be
inserted into the reactor vessel in the
future, licensees are no longer required
to include temperature monitors in the
capsules but could choose to continue
this practice. As an alternative to these
temperature monitors, an estimate of the
average capsule temperature during full
power operation for each reactor fuel
cycle will provide the irradiation
temperature history of the surveillance
capsule. This revision has no effect on
public health and safety.
5. Surveillance Test Results Reporting
Appendix H to 10 CFR part 50
currently requires that within one year
of the date of the surveillance capsule
withdrawal, a summary technical report
be submitted to the NRC that contains
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the data required by ASTM E 185, and
the results of all fracture toughness tests
conducted on the beltline materials in
the irradiated and unirradiated
conditions, unless an extension is
granted by the Director, Office of
Nuclear Reactor Regulation.
This one-year requirement in
appendix H to 10 CFR part 50 became
effective on July 26, 1983 (48 FR 24008),
with the primary purpose of timely
reporting of test results and notification
of any problems determined from
surveillance tests. This was important
because there was a limited amount of
available data from irradiated materials
from which to estimate embrittlement
trends. An extensive amount of
embrittlement data has been collected
and analyzed since this time, the results
of which support the reduced need for
prompt reporting of the test results.
Licensees participating in an
integrated surveillance program have
found it challenging to meet the oneyear requirement to submit a report
following each capsule withdrawal. In
an integrated surveillance program, the
representative materials chosen for a
reactor are irradiated in one or more
other reactors that have similar design
and operating features. The data
obtained from these test specimens may
then be used in the analysis of other
plants participating in the program.
Implementation of the integrated
surveillance program requires
significant coordination among the
multiple licensees participating in the
program. Historically, these licensees
have requested a 6-month extension to
this reporting requirement and, to date,
the Director of the NRC Office of
Nuclear Reactor Regulation, has granted
them. Furthermore, as surveillance
capsules remain in the reactor vessel to
support operation through 60 years and
80 years, longer periods of radioactive
decay may be needed before the
capsules can be shipped to testing
facilities. Licensees may find it
burdensome to meet the one-year
reporting requirement under these
circumstances.
For these reasons, the NRC is revising
appendix H to 10 CFR part 50 to
increase the time given to licensees to
submit a summary technical report of
each capsule withdrawal and the test
results from 1 year to 18 months. This
revision has no effect on public health
and safety.
6. Design of the Surveillance Program
Appendix H to 10 CFR part 50 is also
being revised to clarify the edition of
ASTM E 185 that is required for a
reactor vessel purchased after 1982.
Currently, there is the potential to
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misinterpret the regulation as requiring
the use of an edition of ASTM E 185
that is not incorporated by reference in
appendix H to 10 CFR part 50.
Therefore, the NRC is revising appendix
H to 10 CFR part 50 to clarify that for
reactor vessels purchased after 1982, the
design of the surveillance program and
the withdrawal schedule must meet the
requirements of ASTM E 185–82 (i.e.,
the latest edition of ASTM E 185 that is
incorporated by reference in appendix H
to 10 CFR part 50).
License Renewal and Subsequent
License Renewal
Surveillance programs that include
the withdrawal schedule required by
appendix H to 10 CFR part 50 were
originally established and designed for
the initial 40-year operating license of a
nuclear power plant. The objective of
this program during extended plant
operations 8 remains the same as it was
during the initial 40-year operating
license, which is to continue monitoring
changes in fracture toughness of the
reactor vessel materials to ensure the
integrity of the reactor vessel. This
direct final rule does not revise
appendix H to 10 CFR part 50 with
respect to surveillance capsule
withdrawal schedules during extended
plant operation.
New Reactors
New light-water nuclear power
reactor designs are substantially similar
to operating reactors with regard to the
relevant considerations for establishing
adequate surveillance programs under
appendix H to 10 CFR part 50. These
similarities include proposed materials,
fabrication methods, and operating
environments. The proposed
withdrawal schedules from ASTM E 185
are constructed to provide early
evidence of material behavior which is
of particular interest for a new or novel
design with little or no operating
experience. Consequently, the NRC is
not revising appendix H to 10 CFR part
50 to address new light-water nuclear
power reactor designs separately from
existing reactors.
V. Section-by-Section Analysis
The following paragraphs describe the
specific changes being made by this
direct final rule.
8 The period beyond the original license of a
nuclear power plant (i.e., during license renewal to
operate for 60 years and potentially during
subsequent license renewal to operate for 80 years).
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Appendix H to Part 50—Reactor Vessel
Material Surveillance Program
Requirements
Section III. Surveillance Program
Criteria
This direct final rule revises
paragraph III.B.1 to clarify the design of
surveillance programs and the capsule
withdrawal schedules for reactor vessels
purchased after 1982 and to include
information regarding the use of
optional provisions. This direct final
rule also adds new paragraph III.B.4 that
makes optional certain aspects of ASTM
E 185.
Section IV. Report of Test Results
This direct final rule revises the
timeframe for the submission of a
summary technical report from 1 year to
18 months.
VI. Regulatory Flexibility Certification
Under the Regulatory Flexibility Act
(5 U.S.C. 605(b)), the NRC certifies that
this direct final rule does not have a
significant economic impact on a
substantial number of small entities.
This direct final rule affects only the
licensing and operation of nuclear
power plants. The companies that own
these plants do not fall within the scope
of the definition of ‘‘small entities’’ set
forth in the Regulatory Flexibility Act or
the size standards established by the
NRC (§ 2.810).
VII. Regulatory Analysis
The NRC has prepared a regulatory
analysis for this direct final rule. The
analysis examines the costs and benefits
of the alternatives considered by the
NRC. Based on the analysis, the NRC
concludes that this action is cost
beneficial and reduces the regulatory
costs for reactor licensees and the NRC
for an issue that is not significant to
safety. This issue is not significant to
safety because this direct final rule
reduces the testing of some specimens
and eliminates the testing of other
specimens that were found not to
provide meaningful information to
assess the integrity of the reactor vessel.
Also, extending by 6 months the period
for submitting the report of test results
to the NRC is not significant to safety.
This is because the increase in neutron
fluence over 6 months is very small, and
therefore the projected increase in
embrittlement for the 6-month period
would also be very small. This small
impact, in conjunction with the margin
of safety that is inherent in the pressuretemperature limit curves, minimizes any
impact due to the 6-month increase.
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Federal Register / Vol. 85, No. 192 / Friday, October 2, 2020 / Rules and Regulations
VIII. Backfitting and Issue Finality
The NRC’s backfitting provisions for
holders of construction permits, and
applicants and holders of operating
licenses and combined licenses, appear
in § 50.109, ‘‘Backfitting’’ (the Backfit
Rule). Issue finality provisions, which
are analogous to the backfitting
provisions in § 50.109, appear in
§ 52.63, ‘‘Finality of Standard Design
Certifications;’’ § 52.83, ‘‘Finality of
Referenced NRC Approvals; Partial
Initial Decision on Site Suitability;’’
§ 52.98, ‘‘Finality of Combined Licenses;
Information Requests;’’ § 52.145,
‘‘Finality of Standard Design Approvals,
Information Request;’’ and § 52.171,
‘‘Finality of Manufacturing Licenses;
Information Requests.’’
This direct final rule: (1) Provides
licensees with a nonmandatory
relaxation from the current 1 year
following a capsule withdrawal to 18
months to submit surveillance capsule
test results, and (2) reduces testing
requirements by amending the NRC’s
regulations in appendix H to 10 CFR
part 50. Because these changes are
nonmandatory, licensees have the
option to comply with the revised
requirements for testing certain
surveillance capsule specimens or for
extending the allowable period for
submitting surveillance test results to
the NRC (i.e., licensees can continue to
submit surveillance capsule test results
within one year of the date of capsule
withdrawal). Therefore, this direct final
rule does not constitute backfitting or
raise issue finality concerns.
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IX. Cumulative Effects of Regulation
Cumulative effects of regulation (CER)
consists of the challenges licensees may
face in addressing the implementation
of new regulatory positions, programs,
and requirements (e.g., rulemaking,
guidance, generic letters, backfits,
inspections). The CER may manifest in
several ways, including the total burden
imposed on licensees by the NRC from
simultaneous or consecutive regulatory
actions that can adversely affect the
licensee’s capability to implement those
requirements, while continuing to
operate or construct its facility in a safe
and secure manner.
The goals of the NRC’s CER effort
were met throughout the development
of this action. The NRC has engaged
external stakeholders at public meetings
held during the development of the
regulatory basis and this direct final
rule. A public meeting was held on June
1, 2017, to provide an opportunity for
the exchange of information on the
scope and related costs and benefits
associated with this action. Feedback
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obtained at this meeting was used in
developing the regulatory basis and
regulatory analysis. A second public
meeting was held on April 30, 2019, to
provide information on the status and
scope of this direct final rule, and to
discuss implementation and CER.
Summaries of both public meetings are
available in ADAMS, as provided in the
‘‘Availability of Documents’’ section of
this document.
X. Plain Writing
The Plain Writing Act of 2010 (Pub.
L. 111–274) requires Federal agencies to
write documents in a clear, concise, and
well-organized manner. The NRC has
written this document to be consistent
with the Plain Writing Act as well as the
Presidential Memorandum, ‘‘Plain
Language in Government Writing,’’
published June 10, 1998 (63 FR 31883).
XI. Environmental Impact—Categorical
Exclusion
The Commission has determined
under the National Environmental
Policy Act of 1969, as amended, and the
Commission’s regulations in 10 CFR
part 51, subpart A, that the direct final
rule will not have a significant effect on
the quality of the human environment
and, therefore, an environmental impact
statement is not required. The principal
effect of this direct final rule is to
amend the reactor vessel materials
surveillance program requirements for
commercial light-water power reactors.
Specifically, it amends the requirements
associated with the testing of specimens
contained within surveillance capsules
and reporting the surveillance test
results.
The amendments to appendix H to 10
CFR part 50 that revise the surveillance
requirements for testing specimens add
optional provisions that would need to
be adopted by individual licensees. In
order to adopt these optional provisions,
licensees would need to either submit a
license amendment or determine
whether the optional provisions can be
implemented under 10 CFR 50.59,
‘‘Changes, tests and experiments.’’
When the 10 CFR 50.59 regulation was
promulgated in 1999, the Commission
concluded that there would be no
significant impact on the environment
for the types of changes to a nuclear
power plant’s licensing basis that a
licensee could make under this
provision without NRC review. If a
license amendment is required to be
submitted, the environmental impacts of
that future license amendment would be
evaluated by the NRC staff as part of the
review of the license amendment
request. The amendments to appendix H
to 10 CFR part 50 that revise the
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62205
recordkeeping and reporting
requirements are categorically excluded
under 10 CFR 51.22(c)(3)(ii) and (iii).
The NRC has also determined that this
action would involve no significant
change in the types or amounts of any
effluents that may be released offsite; no
significant increase in individual or
cumulative occupational radiation
exposure; and no significant increase in
the potential for or consequences from
radiological accidents. In addition, the
NRC has determined that there are no
significant impacts to biota, water
resources, historic properties, cultural
resources, or socioeconomic conditions
in the region. As such, there are no
extraordinary circumstances that would
preclude reliance on this categorical
exemption. Therefore, pursuant to 10
CFR 51.22(b), no environmental impact
statement or environmental assessment
need be prepared in connection with
revising the reporting requirement
under appendix H to 10 CFR part 50.
XII. Paperwork Reduction Act
The burden to the public for the
information collection is estimated to be
reduced by 78 hours per response,
including the time for reviewing
instructions, searching existing data
sources, gathering and maintaining the
data needed, and completing and
reviewing the information collection.
Further information about information
collection requirements associated with
this direct final rule can be found in the
companion proposed rule published
elsewhere in this issue of the Federal
Register.
This direct final rule is being issued
prior to approval by the Office of
Management and Budget (OMB) of these
information collection requirements,
which were submitted under OMB
control number 3150–0011. When OMB
notifies us of its decision, we will
publish a document in the Federal
Register providing notice of the
effective date of the information
collections or, if approval is denied,
providing notice of what action we plan
to take.
Send comments on any aspect of
these information collections, including
suggestions for reducing the burden, to
the Information Services Branch (T6–
A10M), U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, or by email to
INFOCOLLECTS.RESOURCE@
NRC.GOV; and to OMB Office of
Information and Regulatory Affairs
(3150–0011), Attn: Desk Officer for the
Nuclear Regulatory Commission, 725
17th Street NW, Washington, DC 20503;
email: oira_submission@omb.eop.gov.
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Public Protection Notification
The NRC may not conduct or sponsor,
and a person is not required to respond
to, a collection of information unless the
document requesting or requiring the
collection displays a currently valid
OMB control number.
not adopt program elements reserved to
the NRC, it may wish to inform its
licensees of certain requirements via a
mechanism that is consistent with a
particular State’s administrative
procedure laws, but does not confer
regulatory authority on the State.
XIII. Congressional Review Act
This direct final rule is a rule as
defined in the Congressional Review
Act (5 U.S.C. 801–808). However, the
Office of Management and Budget has
not found it to be a major rule as
defined in the Congressional Review
Act.
XV. Voluntary Consensus Standards
XIV. Compatibility of Agreement State
Regulations
Under the ‘‘Policy Statement on
Adequacy and Compatibility of
Agreement State Programs,’’ approved
by the Commission on June 20, 1997,
and published in the Federal Register
(62 FR 46517; September 3, 1997), this
rule is classified as compatibility
‘‘NRC.’’ Compatibility is not required for
Category ‘‘NRC’’ regulations. The NRC
program elements in this category are
those that relate directly to areas of
regulation reserved to the NRC by the
Atomic Energy Act of 1954, as amended,
or the provisions of 10 CFR chapter I,
and although an Agreement State may
The National Technology Transfer
and Advancement Act of 1995 (Pub. L.
104–113) requires that Federal agencies
use technical standards that are
developed or adopted by voluntary
consensus standards bodies unless
using such a standard is inconsistent
with applicable law or otherwise
impractical. In this direct final rule, the
NRC is amending the reactor vessel
materials surveillance program
requirements to reduce the regulatory
burden for an issue that is not
significant to safety associated with the
testing of surveillance capsule
specimens and reporting the
surveillance test results. It also clarifies
the requirements for the design of
surveillance programs and the
withdrawal schedules for reactor vessels
purchased after 1982. Specifically, this
direct final rule allows licensees to
reduce the testing of some specimens
and eliminates the testing of other
specimens that were found not to
provide meaningful information to
assess the integrity of the reactor vessel.
It also extends by 6 months the period
for licensees to submit the report of test
results to the NRC. The increase in
neutron fluence over 6 months is very
small, and therefore the projected
increase in embrittlement over this
period would also be very small. This
small impact, in conjunction with the
margin of safety which is inherent in the
pressure-temperature limit curves,
minimizes any impact due to the 6month increase. This action does not
constitute the establishment of new
conditions on the ASTM standards that
are currently incorporated by reference
in appendix H to 10 CFR part 50 nor a
standard that contains generally
applicable requirements. This action
maintains the use of the ASTM
standards that are currently
incorporated by reference in appendix H
to 10 CFR part 50 but makes optional
certain aspects of the ASTM standards
that have been determined not to be
necessary for the safe operation of
nuclear power plants.
XVI. 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.
Adams Accession No./Web Link/
Federal RegisterCitation
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Document
ASME Boiler and Pressure Vessel Code, Section II, ‘‘Materials’’ ........................................................................
ASTM E 185–73, ‘‘Standard Recommended Practice for Surveillance Tests for Nuclear Reactor Vessels’’ ......
ASTM 185–79, ‘‘Standard Practice for Conducting Surveillance Tests for Light-Water Cooled Nuclear Power
Reactor Vessels’’.
ASTM E 185–82, ‘‘Standard Practice for Conducting Surveillance Tests for Light–Water Cooled Nuclear
Power Reactor Vessels’’.
ASME Boiler and Pressure Vessel Code, Section XI, Appendix G, ‘‘Rules for Inservice Inspection of Nuclear
Power Plant Components’’.
Federal Register notification—‘‘Part 50 Final Rule–Licensing of Production and Utilization Facilities; Fracture
Toughness and Surveillance Program Requirements,’’ July 17, 1973.
Federal Register notification—‘‘10 CFR Part 50 Final Rule, Fracture Toughness Requirements for LightWater Nuclear Power Reactors,’’ May 27, 1983.
Rulemaking for Appendix H to 10 CFR Part 50, ‘‘Reactor Vessel Material Surveillance Program Requirements—Regulatory Basis,’’ April 2019.
Federal Register notification—‘‘10 CFR Part 50, Reactor Vessel Material Surveillance Program: Regulatory
Basis; Availability,’’ April 3, 2019.
Federal Register notification—‘‘10 CFR Part 50, Reactor Vessel Material Surveillance Program: Regulatory
Basis; Availability; Correction,’’ April 12, 2019.
ASTM E 185–66, ‘‘Recommended Practice for Surveillance Tests on Structural Materials in Nuclear Reactors‘‘.
ASTM Method E 8, ‘‘Methods of Tension Testing of Metallic Materials,’’ ............................................................
ASTM E21 ‘‘Recommended Practice for Elevated Temperature Tension Tests of Metallic Materials.’’ ..............
Summary of April 30, 2019, Public Meeting to Discuss the Status of the Appendix H, Reactor Vessel Material
Surveillance Program Requirements Rulemaking.
Summary of June 1, 2017, Public Meeting to Discuss the Scope and Related Costs and Benefits Associated
with the ‘‘Reactor Vessel Materials Surveillance Program Requirements’’ Proposed Rulemaking.
Staff Requirements Memorandum (SRM)–COMSECY–18–0016, ‘‘Request Commission Approval to Use the
Direct Final Rule Process to Revise the Testing and Reporting Requirements in 10 CFR Part 50, Appendix
H, Reactor Vessel Material Surveillance Program Requirements (RIN 3150–AK07)’’.
Regulatory Analysis for the Direct Final Rule: Appendix H to 10 CFR Part 50—Reactor Vessel Material Surveillance Program Requirements, September 2020.
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https://www.asme.org.
https://www.astm.org.
https://www.astm.org.
https://www.astm.org.
https://www.asme.org.
38 FR 19012.
48 FR 24008.
ML19038A477.
84 FR 12876.
84 FR 14845.
https://www.astm.org.
https://www.astm.org.
https://www.astm.org.
ML19127A050.
ML17173A081.
ML19009A517.
ML20246G422.
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Federal Register / Vol. 85, No. 192 / Friday, October 2, 2020 / Rules and Regulations
List of Subjects in 10 CFR Part 50
Administrative practice and
procedure, Antitrust, Backfitting,
Classified information, Criminal
penalties, Education, Fire prevention,
Fire protection, Incorporation by
reference, Intergovernmental relations,
Nuclear power plants and reactors,
Penalties, Radiation protection, Reactor
siting criteria, Reporting and
recordkeeping requirements,
Whistleblowing.
For the reasons set forth in the
preamble, and under the authority of the
Atomic Energy Act of 1954, as amended;
the Energy Reorganization Act of 1974,
as amended; and 5 U.S.C. 552 and 553,
the NRC is adopting the following
amendments to 10 CFR part 50:
PART 50—DOMESTIC LICENSING OF
PRODUCTION AND UTILIZATION
FACILITIES
1. The authority citation for part 50
continues to read as follows:
■
Authority: Atomic Energy Act of 1954,
secs. 11, 101, 102, 103, 104, 105, 108, 122,
147, 149, 161, 181, 182, 183, 184, 185, 186,
187, 189, 223, 234 (42 U.S.C. 2014, 2131,
2132, 2133, 2134, 2135, 2138, 2152, 2167,
2169, 2201, 2231, 2232, 2233, 2234, 2235,
2236, 2237, 2239, 2273, 2282); Energy
Reorganization Act of 1974, secs. 201, 202,
206, 211 (42 U.S.C. 5841, 5842, 5846, 5851);
Nuclear Waste Policy Act of 1982, sec. 306
(42 U.S.C. 10226); National Environmental
Policy Act of 1969 (42 U.S.C. 4332); 44 U.S.C.
3504 note; Sec. 109, Pub. L. 96–295, 94 Stat.
783.
2. In appendix H to part 50:
a. Revise paragraph III.B.1;
b. Add paragraph III.B.4; and
c. In paragraph IV.A, remove the
phrase ‘‘one year’’ and add in its place
the phrase ‘‘eighteen months’’.
The revision and addition read as
follows:
■
■
■
■
Appendix H to Part 50—Reactor Vessel
Material Surveillance Program
Requirements
jbell on DSKJLSW7X2PROD with RULES
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III. * * *
B. * * *
1. The design of the surveillance program
and the withdrawal schedule must meet the
requirements of the edition of the ASTM E
185 that is current on the issue date of the
ASME code to which the reactor vessel was
purchased; for reactor vessels purchased after
1982, the design of the surveillance program
and the withdrawal schedule must meet the
requirements of ASTM E 185–82. For reactor
vessels purchased in or before 1982, later
editions of ASTM E 185 may be used, but
including only those editions through 1982.
For each capsule withdrawal, the test
procedures and reporting requirements must
meet the requirements of the ASTM E 185 to
the extent practicable for the configuration of
VerDate Sep<11>2014
16:39 Oct 01, 2020
Jkt 253001
the specimens in the capsule. If any of the
optional provisions in paragraphs III.B.4(a)
through (d) of this section are implemented
in lieu of ASTM E 185, the number of
specimens included or tested in the
surveillance program shall be adjusted as
specified in paragraphs III.B.4(a) through (d)
of this section.
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4. Optional provisions. As used in this
section, references to ASTM E 185 include
the edition of ASTM E 185 that is current on
the issue date of the ASME Code to which
the reactor vessel was purchased through the
1982 edition.
(a) First Provision: Heat-Affected Zone
Specimens—The inclusion or testing of weld
heat-affected zone Charpy impact specimens
within the surveillance program as specified
in ASTM E 185 is optional.
(b) Second Provision: Tension
Specimens—If this provision is
implemented, the minimum number of
tension specimens to be included and tested
in the surveillance program shall be as
specified in paragraphs III.B.4(b)(i) and (ii) of
this section.
(i) Unirradiated Tension Specimens—Two
tension specimens from each base and weld
material required by ASTM E 185 shall be
tested, with one specimen tested at room
temperature and the other specimen tested at
the service temperature; and
(ii) Irradiated Tension Specimens—Two
tension specimens from each base and weld
material required by ASTM E 185 shall be
included in each surveillance capsule and
tested, with one specimen tested at room
temperature and the other specimen tested at
the service temperature.
(c) Third Provision: Correlation Monitor
Materials—The testing of correlation monitor
material specimens within the surveillance
program as specified in ASTM E 185 is
optional.
(d) Fourth Provision: Thermal Monitor—
The inclusion or examination of thermal
monitors within the surveillance program as
specified in ASTM E 185 is optional.
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Dated at Rockville, Maryland, this 24th day
of September, 2020.
For the Nuclear Regulatory Commission.
Annette Vietti-Cook,
Secretary for the Commission.
[FR Doc. 2020–21505 Filed 10–1–20; 8:45 am]
BILLING CODE 7590–01–P
NATIONAL CREDIT UNION
ADMINISTRATION
12 CFR Parts 700, 701, 702, 704, 705,
707, 708a, 708b, 709, 717, 725, 740, 741,
747, 748, and 750
RIN 3133–AF22
Technical Amendments
National Credit Union
Administration (NCUA).
AGENCY:
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
62207
Final rule and final rule;
correction.
ACTION:
The NCUA Board (Board) is
issuing a final rule to make technical
amendments to various provisions of
the NCUA’s regulations. These
amendments correct minor technical
problems and improve clarity.
DATES: The final rule is effective on
October 2, 2020, except for the
corrections to the final rule amending
12 CFR part 702, published at 80 FR
66626, which was delayed on November
6, 2018 (83 FR 55467) and December 17,
2019 (84 FR 68781), which are effective
on January 1, 2022.
FOR FURTHER INFORMATION CONTACT:
Justin Anderson, Senior Staff Attorney;
Gira Bose, Staff Attorney, Division of
Regulations and Legislation, Office of
General Counsel, at 1775 Duke Street,
Alexandria, VA 22314 or telephone:
(703) 518–6540.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
The Board periodically issues a
technical amendments rule correcting
minor typographical errors, inaccurate
legal citations, or superfluous or
outdated regulatory provisions
throughout the NCUA’s regulations.
Because these changes are technical in
nature, and do not affect federally
insured credit unions in a substantive
manner, the Board issues these
technical amendments rules as final
rules without notice and comment
typically required by the Administrative
Procedure Act (APA).1 Accordingly, the
Board is issuing this final rule to
address those matters.
II. Legal Authority
The Board has the legal authority to
issue this final rule pursuant to its
plenary rulemaking authority under the
Federal Credit Union Act (FCU Act) 2
and its specific rulemaking authority
under the various acts the Board
administers.
III. Section-by-Section Analysis
General Wording, Style, and CrossReference Changes
The final rule makes general wording,
style, and cross-reference changes
throughout the NCUA’s regulations. For
example, the final rule corrects various
typographical errors. Technical
amendments of this nature will apply
throughout the NCUA’s regulations.
Therefore, the preamble does not
address these types of stylistic changes
in the section-by-section analysis below.
15
U.S.C. 553(b)(A), (B).
U.S.C. 1766, 1789.
2 12
E:\FR\FM\02OCR1.SGM
02OCR1
Agencies
[Federal Register Volume 85, Number 192 (Friday, October 2, 2020)]
[Rules and Regulations]
[Pages 62199-62207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21505]
=======================================================================
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 50
[NRC-2017-0151]
RIN 3150-AK07
Reactor Vessel Material Surveillance Program
AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending the
reactor vessel material surveillance program requirements for
commercial light-water power reactors. This direct final rule revises
the requirements associated with the testing of specimens contained
within surveillance capsules and reporting the surveillance test
results. This direct final rule also clarifies the requirements for the
design of surveillance programs and the capsule withdrawal schedules
for surveillance capsules in reactor vessels purchased after 1982.
These changes reduce regulatory burden, with no effect on public health
and safety.
DATES: This direct final rule is effective February 1, 2021, unless
significant adverse comments are received by November 2, 2020. If this
direct final rule is withdrawn as a result of such comments, timely
notice of the withdrawal will be published in the Federal Register.
Comments received after this date will be considered if it is practical
to do so, but the NRC is able to ensure consideration only for comments
received on or before this date. Comments received on this direct final
rule will also be considered to be comments on a companion proposed
rule published in the Proposed Rules section of this issue of the
Federal Register.
ADDRESSES: Please refer to Docket ID NRC-2017-0151 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-2017-0151. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact
the individuals listed in the FOR FURTHER INFORMATION CONTACT section
of this document.
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, at 301-415-4737, or by email to [email protected].
For the convenience of the reader, instructions about obtaining
materials referenced in this document are provided in the
``Availability of Documents'' section.
Attention: The PDR, where you may examine and order copies
of public documents is currently closed. You may submit your request to
the PDR via email at [email protected] or call 1-800-397-4209
between 8:00 a.m. and 4:00 p.m. (EST), Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Stewart Schneider, Office of Nuclear
Material Safety and Safeguards, 301-415-4123, email:
[email protected], or On Yee, Office of Nuclear Reactor
Regulation, telephone: 301-415-1905, email: [email protected]. Both are
staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001.
SUPPLEMENTARY INFORMATION:
[[Page 62200]]
Table of Contents
I. Obtaining Information and Submitting Comments
II. Procedural Background
III. Background
IV. Discussion
V. Section-by-Section Analysis
VI. Regulatory Flexibility Certification
VII. Regulatory Analysis
VIII. Backfitting and Issue Finality
IX. Cumulative Effects of Regulation
X. Plain Writing
XI. Environmental Impact--Categorical Exclusion
XII. Paperwork Reduction Act Statement
XIII. Congressional Review Act
XIV. Compatibility of Agreement State Regulations
XV. Voluntary Consensus Standards
XVI. Availability of Documents
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2017-0151 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-2017-0151.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS
Search.'' For problems with ADAMS, please contact the NRC's PDR
reference staff at 1-800-397-4209, at 301-415-4737, or by email to
[email protected]. For the convenience of the reader, instructions
about obtaining materials referenced in this document are provided in
the ``Availability of Documents'' section.
Attention: The PDR, where you may examine and order copies
of public documents, is currently closed. You may submit your request
to the PDR via email at [email protected] or call 1-800-397-4209
between 8:00 a.m. and 4:00 p.m. (EST), Monday through Friday, except
Federal holidays.
B. Submitting Comments
Please include Docket ID NRC-2017-0151 in your comment submission.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at
https://www.regulations.gov as well as enter the comment submissions
into ADAMS. The NRC does not routinely edit comment submissions to
remove identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment into ADAMS.
II. Procedural Background
Because the NRC anticipates that this action will be non-
controversial, the NRC is using the ``direct final rule process'' for
this rule. The direct final rule will become effective on February 1,
2021. However, if the NRC receives significant adverse comments on this
direct final rule by November 2, 2020, then the NRC will publish a
document that withdraws this action and will subsequently address the
comments received in a final rule as a response to the companion
proposed rule published in the Proposed Rule section of this issue of
the Federal Register. Absent significant modifications to the proposed
revisions requiring republication, the NRC will not initiate a second
comment period on this action.
A significant adverse comment is a comment where the commenter
explains why the rule would be inappropriate, including challenges to
the rule's underlying premise or approach, or would be ineffective or
unacceptable without a change. A comment is adverse and significant if:
(1) The comment opposes the rule and provides a reason sufficient
to require a substantive response in a notice-and-comment process. For
example, a substantive response is required when:
(a) The comment causes the NRC to reevaluate (or reconsider) its
position or conduct additional analysis;
(b) The comment raises an issue serious enough to warrant a
substantive response to clarify or complete the record; or
(c) The comment raises a relevant issue that was not previously
addressed or considered by the NRC.
(2) The comment proposes a change or an addition to the rule, and
it is apparent that the rule would be ineffective or unacceptable
without incorporation of the change or addition.
(3) The comment causes the NRC staff to make a change (other than
editorial) to the rule.
For detailed instructions on filing comments, please see the
ADDRESSES section of this document.
III. Background
A. Description of a Reactor Vessel Material Surveillance Program
The reactor vessel and its internal components support and align
the fuel assemblies that make up the reactor core and provide a flow
path to ensure adequate heat removal from the fuel assemblies. The
reactor vessel also provides containment and a floodable volume to
maintain core cooling in the event of an accident causing loss of the
primary coolant. It is a cylindrical shell with a welded hemispherical
bottom head and a removable hemispherical upper head. Some vessel
shells were fabricated from curved plates that were joined by
longitudinal and circumferential welds. Others were manufactured using
forged rings and, therefore, only have circumferential welds that join
the rings. These plate and forging materials are referred to as base
metals. Maintenance of the structural integrity of the reactor vessel
is essential in ensuring plant safety, because there is no redundant
system to maintain core cooling in the event of a vessel failure.
One characteristic of reactor vessel steels is that their material
properties change as a function of temperature and neutron irradiation.
The primary material property of interest for the purposes of reactor
vessel integrity is the fracture toughness of the reactor vessel
material. Extensive experimental work determined that Charpy impact
energy tests, which measure the amount of energy required to fail a
small material specimen, can be correlated to changes in fracture
toughness of a material. Thus, the Charpy impact specimens \1\ from the
beltline \2\ materials (i.e., base metal, weld metal, and heat-affected
zone) became the standard to assess the change in fracture toughness in
ferritic steels.
---------------------------------------------------------------------------
\1\ A Charpy impact specimen is a bar of metal, or other
material, having a V-groove notch machined across the 10 mm
thickness dimension.
\2\ A definition of the beltline or beltline region is provided
in appendix G to 10 CFR part 50.
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The fracture toughness of reactor vessel materials decreases with
decreasing temperature and with increasing irradiation from the
reactor. The decrease in fracture toughness due to neutron irradiation
is referred to as ``neutron embrittlement.'' The fracture toughness of
reactor vessel materials is determined by using fracture toughness
curves in the American Society of Mechanical Engineers (ASME) Code,
[[Page 62201]]
which are indexed to the reference temperature for nil-ductility
transition (RTNDT), as specified in ASME Boiler and Pressure
Vessel Code, Section II, ``Materials.'' To account for the effects of
neutron irradiation, the increase in RTNDT is equated to the
increase in the 30 ft-lb index temperature from tests of Charpy-V notch
impact specimens irradiated in capsules as a part of the surveillance
program. The surveillance program includes Charpy impact specimens of
the base and weld metals for the reactor vessel in each surveillance
capsule. These surveillance capsules are exposed to the same operating
conditions as the reactor vessel, and because the capsules are located
closer to the reactor core than the reactor vessel inner diameter, the
surveillance specimens are generally exposed to higher neutron
irradiation levels than those experienced by the reactor vessel at any
given time.
As a result of the surveillance capsule's location within the
reactor vessel, the test specimens generally reflect changes in
fracture toughness due to neutron embrittlement in advance of what the
reactor vessel experiences and provide insight to the future condition
of the reactor vessel. Therefore, the NRC instituted reactor vessel
material surveillance programs as a requirement of appendix H,
``Reactor Vessel Material Surveillance Program Requirements'' (appendix
H), to part 50 of title 10 of the Code of Federal Regulations (10 CFR),
``Domestic Licensing of Production and Utilization Facilities,'' so
that the placement and testing of Charpy impact specimens in capsules
between the inner diameter vessel wall and the core can provide data
for assessing and projecting the change in fracture toughness of the
reactor vessel.
The purpose for requiring a reactor vessel material surveillance
program is to monitor changes in the fracture toughness properties in
the beltline region of the reactor vessel and to use this information
to analyze the reactor vessel integrity. Surveillance programs are
designed not only to examine the current status of reactor vessel
material properties but also to predict the changes in these properties
resulting from the cumulative effects of neutron irradiation.
The determination as to whether a commercial nuclear power reactor
vessel requires a material surveillance program under appendix H to 10
CFR part 50 is made at the time of plant licensing under 10 CFR part 50
or 10 CFR part 52, ``Licenses, Certifications, and Approvals for
Nuclear Power Plants.'' If this surveillance program is required, it is
designed and implemented at that time using the existing requirements.
Certain aspects of the program, such as the specific materials to be
monitored, the number of required surveillance capsules to be inserted
in the reactor vessel, and the initial capsule withdrawal schedule were
designed for the original licensed period of operation (i.e., 40
years). The editions of the ASTM International (ASTM) E 185, which are
incorporated by reference in appendix H to 10 CFR part 50, recommend
three, four, or five surveillance capsules to be included in the design
of reactor vessel material surveillance programs for the original
licensed period of operation, based on the irradiation sensitivity of
the material used to fabricate the reactor vessel.\3\ Most plants have
included several additional surveillance capsules beyond the number
recommended by ASTM E 185. These capsules are referred to as ``standby
capsules.'' The surveillance program for each reactor vessel provides
assurance that the plant's operating limits (e.g., the pressure-
temperature limits) continue to meet the provisions in Appendix G of
ASME Boiler and Pressure Vessel Code, Section XI, ``Rules for Inservice
Inspection of Nuclear Power Plant Components,'' as required by appendix
G, ``Fracture Toughness Requirements,'' to 10 CFR part 50. The program
also provides assurance that the reactor vessel material upper shelf
energy meets the requirements of appendix G to 10 CFR part 50. These
assessments are used to ensure the integrity of the reactor vessel.
---------------------------------------------------------------------------
\3\ The requirements in appendix H to 10 CFR part 50 are based,
in part, on the information contained within ASTM E 185-73,
``Standard Recommended Practice for Surveillance Tests for Nuclear
Reactor Vessels;'' ASTM 185-79, ``Standard Practice for Conducting
Surveillance Tests for Light-Water Cooled Nuclear Power Reactor
Vessels;'' and ASTM E 185-82, ``Standard Practice for Conducting
Surveillance Tests for Light-Water Cooled Nuclear Power Reactor
Vessels,'' which are incorporated by reference.
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In addition to the Charpy impact specimens for determining the
embrittlement in the reactor vessel, the surveillance capsules
typically contain neutron dosimeters, thermal monitors, and tension
specimens.\4\ Surveillance capsules may also contain correlation
monitor material, which is a material with composition, properties, and
response to radiation that have been well characterized. The overall
accuracy of neutron fluence measurements is dependent upon knowledge of
the neutron spectrum. Therefore, a variety of neutron detector
materials (dosimetry wires) are included in each surveillance capsule
and used in the determination of neutron fluence for the vessel. The
thermal monitors that are placed in the capsules (e.g., low-melting-
point elements or eutectic alloys) are used to identify the irradiated
specimen's maximum exposure temperature.
---------------------------------------------------------------------------
\4\ Tension specimens have a standardized sample cross-section,
with two shoulders and a gage (section) in between.
---------------------------------------------------------------------------
B. Current Requirements Under Appendix H to 10 CFR Part 50
Appendix H to 10 CFR part 50 requires light-water nuclear power
reactor licensees to have a reactor vessel material surveillance
program to monitor changes in the fracture toughness properties of the
reactor vessel materials adjacent to the reactor core in the beltline
region. Unless it can be shown that the end of design life neutron
fluence is below certain criteria, the NRC requires licensees to
implement a materials surveillance program that tests irradiated
material specimens that are located in surveillance capsules in the
reactor vessels. The program evaluates changes in material fracture
toughness and thereby assesses the integrity of the reactor vessel. For
each capsule withdrawal, the test procedures and reporting requirements
must meet the requirements of ASTM E 185-82, ``Standard Practice for
Conducting Surveillance Tests for Light-Water Cooled Reactor Vessels,''
to the extent practicable for the configuration of the specimens in the
capsule.
The design of the surveillance program and the withdrawal schedule
must meet the requirements of the edition of ASTM E 185 that is current
on the issue date of the ASME Code to which the reactor vessel was
purchased. Later editions of ASTM E 185, up to and including those
editions through 1982, may be used. Appendix H to 10 CFR part 50
specifically incorporates by reference ASTM E 185-73, ``Standard
Recommended Practice for Surveillance Tests for Nuclear Reactor
Vessels;'' ASTM E 185-79, ``Standard Practice for Conducting
Surveillance Tests for Light-Water Cooled Nuclear Power Reactor
Vessels,'' and ASTM E 185-82. In sum, the surveillance program must
comply with ASTM E 185, as modified by appendix H to 10 CFR part 50.
The number, design, and location of these surveillance capsules within
the reactor vessel are established during the design of the program,
before initial plant operation.
Appendix H to 10 CFR part 50 also specifies that each capsule
withdrawal and subsequent test results must be the subject of a summary
technical report to be submitted to the NRC within one year of the date
of capsule withdrawal,
[[Page 62202]]
unless an extension is granted by the Director, Office of Nuclear
Reactor Regulation. The NRC uses the results from the surveillance
program to assess licensee submittals related to pressure-temperature
limits under appendix G to 10 CFR part 50 and to assess pressurized
water reactor licensee's compliance with either Sec. 50.61, ``Fracture
toughness requirements for protection against pressurized thermal shock
events,'' or Sec. 50.61a, ``Alternate fracture toughness requirements
for protection against pressurized thermal shock events.''
C. The Need for Rulemaking
When appendix H to 10 CFR part 50 was established as a requirement
(38 FR 19012; July 17, 1973), limited information and data were
available on the subject of reactor vessel embrittlement. Thus,
appendix H to 10 CFR part 50 required the inclusion of a comprehensive
collection of specimen types representing the reactor vessel beltline
materials in each surveillance capsule. Since 1973, a significant
number of surveillance capsules have been withdrawn and tested.
Analyses of these results support reconsidering the specimen types
required for testing, and the required time for reporting the results
from surveillance capsule testing. One outcome of this effort was that
some specimen types were found to contribute to the characterization of
reactor vessel embrittlement, while others did not. Therefore, the NRC
determined that these latter types were unnecessary to meet the
objectives of appendix H to 10 CFR part 50 and should no longer be
required. Revising appendix H to 10 CFR part 50 to address this
situation reduces the regulatory burden on licensees of data
collection, with no effect on public health and safety.
In 1983, appendix H to 10 CFR part 50 was revised to require
licensees to submit test results to the NRC within one year of the date
of capsule withdrawal, unless an extension is granted by the Director,
Office of Nuclear Reactor Regulation (48 FR 24008; May 27, 1983). As
stated in the 1983 rulemaking, the reason for the requirement was the
need for timely reporting of test results and notification of any
problems. At that time, there was a limited amount of data from
irradiated materials from which to estimate embrittlement trends of
reactor vessels at nuclear power plants, making it important to receive
timely reporting of test results.
Licensees that participate in an integrated surveillance program
have found it challenging to meet this one-year requirement. This is
related to the fact that an integrated surveillance program requires
coordination among the multiple licensees participating in the
program.\5\ A significant number of test specimens have been analyzed
since 1983, the results of which support a reduced need for prompt
reporting of the test results. Based on this, the NRC has determined
that the reporting requirement in appendix H to 10 CFR part 50 should
be revised. Extending the reporting period allows for more time for
licensee coordination and should help eliminate the need for licensees
to prepare and submit extension requests and for the NRC to review such
requests. This revision has no effect on public health and safety.
---------------------------------------------------------------------------
\5\ Appendix H to 10 CFR part 50 permits the use of an
integrated surveillance program (ISP) as an alternative to a plant-
specific surveillance program. In an ISP, the representative
materials chosen for surveillance of a reactor vessel are irradiated
in one or more other reactor vessels that have similar design and
operating features. The data obtained from these test specimens may
then be used in the analysis of other plants participating in the
program.
---------------------------------------------------------------------------
D. Regulatory Basis To Support Rulemaking
In January 2019, the Commission issued Staff Requirements
Memorandum (SRM)-COMSECY-18-0016, ``Request Commission Approval to Use
the Direct Final Rule Process to Revise the Testing and Reporting
Requirements in 10 CFR part 50, Appendix H, Reactor Vessel Material
Surveillance Program Requirements (RIN 3150-AK07),'' approving
publication of the supporting regulatory basis and use of the direct
final rule process. On April 3, 2019, the NRC issued the regulatory
basis which provides an in-depth discussion on the technical merits of
this rulemaking (84 FR 12876).\6\ The regulatory basis includes
additional information on the regulatory framework, types of reactor
vessel material surveillance programs, regulatory topics that initiated
this rulemaking effort, and options to address these topics. The
regulatory basis shows that there is sufficient justification to
proceed with rulemaking to amend appendix H to 10 CFR part 50 to reduce
certain test specimens and extend the period to submit surveillance
capsule reports to the NRC. In addition, in SRM-COMSECY-18-0016, the
Commission directed the staff to clarify the requirements for the
design of surveillance programs and the withdrawal schedules for
reactor vessels purchased after 1982. These revisions will not
establish any additional requirements for the current fleet of
operating reactors.
---------------------------------------------------------------------------
\6\ A subsequent notification was published on April 12, 2019
(84 FR 14845), to correct the ADAMS accession number for the
regulatory basis.
---------------------------------------------------------------------------
IV. Discussion
The purpose of this action is to reduce the regulatory burden on
reactor licensees and the NRC that is associated with test specimens
contained within surveillance capsules and the reporting of
surveillance test results, with no effect on public health and safety.
This action also clarifies the requirements for the design of
surveillance programs and the withdrawal schedules for reactor vessels
purchased after 1982. The NRC has determined that the following
revisions to appendix H to 10 CFR part 50 achieve the goal of reducing
regulatory burden. These revisions do not establish any additional
requirements for the current fleet of operating reactors.
1. Heat-Affected Zone Specimens
The editions of ASTM E 185 incorporated by reference in appendix H
to 10 CFR part 50 specify that the surveillance test specimens shall
include base metal, weld metal, and heat-affected zone materials. Heat-
affected zone specimens were first required in reactor vessel material
surveillance programs in 1966 (ASTM E 185-66, ``Recommended Practice
for Surveillance Tests on Structural Materials in Nuclear Reactors'').
Cracks in heat-affected zone material had been observed to cause the
failure of components in non-nuclear applications, and from early
research, these failures were in heat-affected zone materials with high
hardness measurements, which is associated with low fracture toughness.
The heat-affected zone has been shown to exhibit superior fracture
toughness compared to the base metal. In addition, test results from
surveillance specimens have shown significant scatter of the heat-
affected zone Charpy test data because of the inhomogeneous nature of
the heat-affected zone material. This was the basis for eliminating the
requirement for heat-affected zone specimens after the 1994 edition of
ASTM E 185; thus, it is no longer prudent to require the inclusion or
testing of heat-affected zone materials.
For these reasons, the NRC is revising appendix H to 10 CFR part 50
to make optional the requirement to include or test heat-affected zone
specimens as part of the reactor vessel material surveillance program.
For existing capsules that are currently in the reactor vessel,
licenses can continue their practice to test the heat-affected zone
specimens. For new and reconstituted
[[Page 62203]]
capsules \7\ that may be inserted into the reactor vessel in the
future, licensees are no longer required to have heat-affected zone
specimens in the capsules but could choose to continue this practice.
This revision has no effect on public health and safety.
---------------------------------------------------------------------------
\7\ A reconstituted capsule contains specimens from previously
tested capsules.
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2. Tension Specimens
The editions of ASTM E 185 currently incorporated by reference in
appendix H to 10 CFR part 50 specify the following with respect to
tensile testing:
(1) For unirradiated material, tension specimens shall be tested
for both the base and weld material at specified temperatures.
(2) For irradiated material, tension specimens shall be included
for both the base and weld material and tested at specified
temperatures.
(3) Tensile testing shall be conducted in accordance with ASTM
Method E 8, ``Methods of Tension Testing of Metallic Materials,'' and
ASTM E 21, ``Recommended Practice for Elevated Temperature Tension
Tests of Metallic Materials.''
The variation of tensile properties (e.g., yield strength, tensile
strength, and elongation) with test temperatures is established by
testing tension specimens over a range of temperatures. Performing
tensile tests before and after irradiation permits quantification of
the hardening effect due to irradiation using the change in yield
strength. Tensile data provide an indication of the radiation-induced
strength property changes in the reactor vessel material and serve as a
consistency check relative to Charpy data.
Past experience and test results have demonstrated that the
differences in the test temperatures specified in ASTM E 185 can be
small, which could yield small differences in tensile properties and
redundant tensile information. Eliminating one test temperature and
testing at room temperature and service temperature at all irradiation
levels, allows for the comparison of the change in strength properties
due to irradiation and temperature.
For these reasons, the NRC is revising appendix H to 10 CFR part 50
to require the inclusion or testing of only one tension specimen at
room temperature and one tension specimen at service temperature, for
all materials and irradiation levels as part of the reactor vessel
material surveillance program. This reduces the number of tension
specimens required in new and reconstituted surveillance capsules and
for testing in existing surveillance capsules. For existing capsules
that are currently in the reactor vessel, licensees can continue their
practice of testing the tension specimens in accordance with ASTM E
185. For new and reconstituted capsules that may be inserted into the
reactor vessel in the future, licensees could choose to continue this
practice. This revision has no effect on public health and safety.
3. Correlation Monitor Material
Correlation monitor material is a well characterized reactor vessel
material that has been included in many surveillance capsules.
Correlation monitor material is selected so that it has a comparable
composition and processing history to the reactor vessel material. The
purpose of a correlation monitor material in a surveillance capsule is
to provide reference data for comparison to the established trends for
the correlation monitor material.
The editions of ASTM E 185 currently incorporated by reference in
appendix H to 10 CFR part 50 specify that it is optional to include
correlation monitor material in surveillance capsules. These editions
of ASTM E 185 do not explicitly indicate whether correlation monitor
material shall be tested if it was optionally included in a
surveillance capsule. Therefore, it is ambiguous whether correlation
monitor material testing is required even though it is optional to
include this material in surveillance capsules. In practice, the
testing of correlation monitor material has demonstrated variability in
the measured material properties of the correlation monitor material,
which has limited the practical use of the data.
For these reasons, the NRC is revising appendix H to 10 CFR part 50
to clarify that testing of correlation monitor material is optional
when included in existing, new, and reconstituted surveillance
capsules. This revision has no effect on public health and safety.
4. Thermal Monitors
ASTM E 185-82 specifies that the surveillance capsules shall
include one set of temperature monitors (also known as ``thermal
monitors'') that are located within the capsule where the specimen
temperature is predicted to be the maximum, and additional sets of
temperature monitors may be placed at other locations to characterize
the temperature profile. The standard specifies reporting of the
temperature monitor results and an estimate of the maximum capsule
exposure temperature.
Irradiation temperature is one of the parameters that is closely
correlated with the effects of neutron embrittlement of reactor vessel
steels, with lower embrittlement measured at higher irradiation
temperatures within a range close to the standard operating temperature
of 288 degrees Celsius (550 degrees Fahrenheit). Therefore, knowledge
of the irradiation temperature history of surveillance capsules is
important to ensure that the surveillance data are properly interpreted
and do not portray a non-conservative estimate of the reactor vessel
neutron embrittlement.
Temperature monitors are targeted to melt at specific temperatures,
normally somewhat higher than the planned operating temperature, to
identify the highest temperature seen by the surveillance capsule. The
monitors provide an indication of whether the melt temperature was
reached but they do not provide a time-based exposure history of the
monitor.
Several factors can complicate the interpretation of the
information from temperature monitors. The first complication arises
when the surveillance capsule experiences a short duration thermal
transient that increases the coolant inlet temperature. This could
result in a positive indication from the temperature monitors, which is
insignificant to the overall exposure conditions of the surveillance
capsule. A second complication is caused by possible interpretation
issues, where apparent melting of the temperature monitors is caused by
long-term exposure of the monitor to temperatures near, but below, its
melting point.
For these reasons, the NRC is revising appendix H to 10 CFR part 50
to make optional the requirement to include or evaluate temperature
monitors as part of the reactor vessel material surveillance program.
For existing capsules that are currently in the reactor vessel,
licensees can continue their practice of evaluating the temperature
monitors. For new and reconstituted capsules that may be inserted into
the reactor vessel in the future, licensees are no longer required to
include temperature monitors in the capsules but could choose to
continue this practice. As an alternative to these temperature
monitors, an estimate of the average capsule temperature during full
power operation for each reactor fuel cycle will provide the
irradiation temperature history of the surveillance capsule. This
revision has no effect on public health and safety.
5. Surveillance Test Results Reporting
Appendix H to 10 CFR part 50 currently requires that within one
year of the date of the surveillance capsule withdrawal, a summary
technical report be submitted to the NRC that contains
[[Page 62204]]
the data required by ASTM E 185, and the results of all fracture
toughness tests conducted on the beltline materials in the irradiated
and unirradiated conditions, unless an extension is granted by the
Director, Office of Nuclear Reactor Regulation.
This one-year requirement in appendix H to 10 CFR part 50 became
effective on July 26, 1983 (48 FR 24008), with the primary purpose of
timely reporting of test results and notification of any problems
determined from surveillance tests. This was important because there
was a limited amount of available data from irradiated materials from
which to estimate embrittlement trends. An extensive amount of
embrittlement data has been collected and analyzed since this time, the
results of which support the reduced need for prompt reporting of the
test results.
Licensees participating in an integrated surveillance program have
found it challenging to meet the one-year requirement to submit a
report following each capsule withdrawal. In an integrated surveillance
program, the representative materials chosen for a reactor are
irradiated in one or more other reactors that have similar design and
operating features. The data obtained from these test specimens may
then be used in the analysis of other plants participating in the
program. Implementation of the integrated surveillance program requires
significant coordination among the multiple licensees participating in
the program. Historically, these licensees have requested a 6-month
extension to this reporting requirement and, to date, the Director of
the NRC Office of Nuclear Reactor Regulation, has granted them.
Furthermore, as surveillance capsules remain in the reactor vessel to
support operation through 60 years and 80 years, longer periods of
radioactive decay may be needed before the capsules can be shipped to
testing facilities. Licensees may find it burdensome to meet the one-
year reporting requirement under these circumstances.
For these reasons, the NRC is revising appendix H to 10 CFR part 50
to increase the time given to licensees to submit a summary technical
report of each capsule withdrawal and the test results from 1 year to
18 months. This revision has no effect on public health and safety.
6. Design of the Surveillance Program
Appendix H to 10 CFR part 50 is also being revised to clarify the
edition of ASTM E 185 that is required for a reactor vessel purchased
after 1982. Currently, there is the potential to misinterpret the
regulation as requiring the use of an edition of ASTM E 185 that is not
incorporated by reference in appendix H to 10 CFR part 50. Therefore,
the NRC is revising appendix H to 10 CFR part 50 to clarify that for
reactor vessels purchased after 1982, the design of the surveillance
program and the withdrawal schedule must meet the requirements of ASTM
E 185-82 (i.e., the latest edition of ASTM E 185 that is incorporated
by reference in appendix H to 10 CFR part 50).
License Renewal and Subsequent License Renewal
Surveillance programs that include the withdrawal schedule required
by appendix H to 10 CFR part 50 were originally established and
designed for the initial 40-year operating license of a nuclear power
plant. The objective of this program during extended plant operations
\8\ remains the same as it was during the initial 40-year operating
license, which is to continue monitoring changes in fracture toughness
of the reactor vessel materials to ensure the integrity of the reactor
vessel. This direct final rule does not revise appendix H to 10 CFR
part 50 with respect to surveillance capsule withdrawal schedules
during extended plant operation.
---------------------------------------------------------------------------
\8\ The period beyond the original license of a nuclear power
plant (i.e., during license renewal to operate for 60 years and
potentially during subsequent license renewal to operate for 80
years).
---------------------------------------------------------------------------
New Reactors
New light-water nuclear power reactor designs are substantially
similar to operating reactors with regard to the relevant
considerations for establishing adequate surveillance programs under
appendix H to 10 CFR part 50. These similarities include proposed
materials, fabrication methods, and operating environments. The
proposed withdrawal schedules from ASTM E 185 are constructed to
provide early evidence of material behavior which is of particular
interest for a new or novel design with little or no operating
experience. Consequently, the NRC is not revising appendix H to 10 CFR
part 50 to address new light-water nuclear power reactor designs
separately from existing reactors.
V. Section-by-Section Analysis
The following paragraphs describe the specific changes being made
by this direct final rule.
Appendix H to Part 50--Reactor Vessel Material Surveillance Program
Requirements
Section III. Surveillance Program Criteria
This direct final rule revises paragraph III.B.1 to clarify the
design of surveillance programs and the capsule withdrawal schedules
for reactor vessels purchased after 1982 and to include information
regarding the use of optional provisions. This direct final rule also
adds new paragraph III.B.4 that makes optional certain aspects of ASTM
E 185.
Section IV. Report of Test Results
This direct final rule revises the timeframe for the submission of
a summary technical report from 1 year to 18 months.
VI. Regulatory Flexibility Certification
Under the Regulatory Flexibility Act (5 U.S.C. 605(b)), the NRC
certifies that this direct final rule does not have a significant
economic impact on a substantial number of small entities. This direct
final rule affects only the licensing and operation of nuclear power
plants. The companies that own these plants do not fall within the
scope of the definition of ``small entities'' set forth in the
Regulatory Flexibility Act or the size standards established by the NRC
(Sec. 2.810).
VII. Regulatory Analysis
The NRC has prepared a regulatory analysis for this direct final
rule. The analysis examines the costs and benefits of the alternatives
considered by the NRC. Based on the analysis, the NRC concludes that
this action is cost beneficial and reduces the regulatory costs for
reactor licensees and the NRC for an issue that is not significant to
safety. This issue is not significant to safety because this direct
final rule reduces the testing of some specimens and eliminates the
testing of other specimens that were found not to provide meaningful
information to assess the integrity of the reactor vessel. Also,
extending by 6 months the period for submitting the report of test
results to the NRC is not significant to safety. This is because the
increase in neutron fluence over 6 months is very small, and therefore
the projected increase in embrittlement for the 6-month period would
also be very small. This small impact, in conjunction with the margin
of safety that is inherent in the pressure-temperature limit curves,
minimizes any impact due to the 6-month increase.
[[Page 62205]]
VIII. Backfitting and Issue Finality
The NRC's backfitting provisions for holders of construction
permits, and applicants and holders of operating licenses and combined
licenses, appear in Sec. 50.109, ``Backfitting'' (the Backfit Rule).
Issue finality provisions, which are analogous to the backfitting
provisions in Sec. 50.109, appear in Sec. 52.63, ``Finality of
Standard Design Certifications;'' Sec. 52.83, ``Finality of Referenced
NRC Approvals; Partial Initial Decision on Site Suitability;'' Sec.
52.98, ``Finality of Combined Licenses; Information Requests;'' Sec.
52.145, ``Finality of Standard Design Approvals, Information Request;''
and Sec. 52.171, ``Finality of Manufacturing Licenses; Information
Requests.''
This direct final rule: (1) Provides licensees with a nonmandatory
relaxation from the current 1 year following a capsule withdrawal to 18
months to submit surveillance capsule test results, and (2) reduces
testing requirements by amending the NRC's regulations in appendix H to
10 CFR part 50. Because these changes are nonmandatory, licensees have
the option to comply with the revised requirements for testing certain
surveillance capsule specimens or for extending the allowable period
for submitting surveillance test results to the NRC (i.e., licensees
can continue to submit surveillance capsule test results within one
year of the date of capsule withdrawal). Therefore, this direct final
rule does not constitute backfitting or raise issue finality concerns.
IX. Cumulative Effects of Regulation
Cumulative effects of regulation (CER) consists of the challenges
licensees may face in addressing the implementation of new regulatory
positions, programs, and requirements (e.g., rulemaking, guidance,
generic letters, backfits, inspections). The CER may manifest in
several ways, including the total burden imposed on licensees by the
NRC from simultaneous or consecutive regulatory actions that can
adversely affect the licensee's capability to implement those
requirements, while continuing to operate or construct its facility in
a safe and secure manner.
The goals of the NRC's CER effort were met throughout the
development of this action. The NRC has engaged external stakeholders
at public meetings held during the development of the regulatory basis
and this direct final rule. A public meeting was held on June 1, 2017,
to provide an opportunity for the exchange of information on the scope
and related costs and benefits associated with this action. Feedback
obtained at this meeting was used in developing the regulatory basis
and regulatory analysis. A second public meeting was held on April 30,
2019, to provide information on the status and scope of this direct
final rule, and to discuss implementation and CER. Summaries of both
public meetings are available in ADAMS, as provided in the
``Availability of Documents'' section of this document.
X. Plain Writing
The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal
agencies to write documents in a clear, concise, and well-organized
manner. The NRC has written this document to be consistent with the
Plain Writing Act as well as the Presidential Memorandum, ``Plain
Language in Government Writing,'' published June 10, 1998 (63 FR
31883).
XI. Environmental Impact--Categorical Exclusion
The Commission has determined under the National Environmental
Policy Act of 1969, as amended, and the Commission's regulations in 10
CFR part 51, subpart A, that the direct final rule will not have a
significant effect on the quality of the human environment and,
therefore, an environmental impact statement is not required. The
principal effect of this direct final rule is to amend the reactor
vessel materials surveillance program requirements for commercial
light-water power reactors. Specifically, it amends the requirements
associated with the testing of specimens contained within surveillance
capsules and reporting the surveillance test results.
The amendments to appendix H to 10 CFR part 50 that revise the
surveillance requirements for testing specimens add optional provisions
that would need to be adopted by individual licensees. In order to
adopt these optional provisions, licensees would need to either submit
a license amendment or determine whether the optional provisions can be
implemented under 10 CFR 50.59, ``Changes, tests and experiments.''
When the 10 CFR 50.59 regulation was promulgated in 1999, the
Commission concluded that there would be no significant impact on the
environment for the types of changes to a nuclear power plant's
licensing basis that a licensee could make under this provision without
NRC review. If a license amendment is required to be submitted, the
environmental impacts of that future license amendment would be
evaluated by the NRC staff as part of the review of the license
amendment request. The amendments to appendix H to 10 CFR part 50 that
revise the recordkeeping and reporting requirements are categorically
excluded under 10 CFR 51.22(c)(3)(ii) and (iii). The NRC has also
determined that this action would involve no significant change in the
types or amounts of any effluents that may be released offsite; no
significant increase in individual or cumulative occupational radiation
exposure; and no significant increase in the potential for or
consequences from radiological accidents. In addition, the NRC has
determined that there are no significant impacts to biota, water
resources, historic properties, cultural resources, or socioeconomic
conditions in the region. As such, there are no extraordinary
circumstances that would preclude reliance on this categorical
exemption. Therefore, pursuant to 10 CFR 51.22(b), no environmental
impact statement or environmental assessment need be prepared in
connection with revising the reporting requirement under appendix H to
10 CFR part 50.
XII. Paperwork Reduction Act
The burden to the public for the information collection is
estimated to be reduced by 78 hours per response, including the time
for reviewing instructions, searching existing data sources, gathering
and maintaining the data needed, and completing and reviewing the
information collection. Further information about information
collection requirements associated with this direct final rule can be
found in the companion proposed rule published elsewhere in this issue
of the Federal Register.
This direct final rule is being issued prior to approval by the
Office of Management and Budget (OMB) of these information collection
requirements, which were submitted under OMB control number 3150-0011.
When OMB notifies us of its decision, we will publish a document in the
Federal Register providing notice of the effective date of the
information collections or, if approval is denied, providing notice of
what action we plan to take.
Send comments on any aspect of these information collections,
including suggestions for reducing the burden, to the Information
Services Branch (T6-A10M), U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, or by email to
[email protected]; and to OMB Office of Information and
Regulatory Affairs (3150-0011), Attn: Desk Officer for the Nuclear
Regulatory Commission, 725 17th Street NW, Washington, DC 20503; email:
[email protected].
[[Page 62206]]
Public Protection Notification
The NRC may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless the document requesting
or requiring the collection displays a currently valid OMB control
number.
XIII. Congressional Review Act
This direct final rule is a rule as defined in the Congressional
Review Act (5 U.S.C. 801-808). However, the Office of Management and
Budget has not found it to be a major rule as defined in the
Congressional Review Act.
XIV. Compatibility of Agreement State Regulations
Under the ``Policy Statement on Adequacy and Compatibility of
Agreement State Programs,'' approved by the Commission on June 20,
1997, and published in the Federal Register (62 FR 46517; September 3,
1997), this rule is classified as compatibility ``NRC.'' Compatibility
is not required for Category ``NRC'' regulations. The NRC program
elements in this category are those that relate directly to areas of
regulation reserved to the NRC by the Atomic Energy Act of 1954, as
amended, or the provisions of 10 CFR chapter I, and although an
Agreement State may not adopt program elements reserved to the NRC, it
may wish to inform its licensees of certain requirements via a
mechanism that is consistent with a particular State's administrative
procedure laws, but does not confer regulatory authority on the State.
XV. Voluntary Consensus Standards
The National Technology Transfer and Advancement Act of 1995 (Pub.
L. 104-113) requires that Federal agencies use technical standards that
are developed or adopted by voluntary consensus standards bodies unless
using such a standard is inconsistent with applicable law or otherwise
impractical. In this direct final rule, the NRC is amending the reactor
vessel materials surveillance program requirements to reduce the
regulatory burden for an issue that is not significant to safety
associated with the testing of surveillance capsule specimens and
reporting the surveillance test results. It also clarifies the
requirements for the design of surveillance programs and the withdrawal
schedules for reactor vessels purchased after 1982. Specifically, this
direct final rule allows licensees to reduce the testing of some
specimens and eliminates the testing of other specimens that were found
not to provide meaningful information to assess the integrity of the
reactor vessel. It also extends by 6 months the period for licensees to
submit the report of test results to the NRC. The increase in neutron
fluence over 6 months is very small, and therefore the projected
increase in embrittlement over this period would also be very small.
This small impact, in conjunction with the margin of safety which is
inherent in the pressure-temperature limit curves, minimizes any impact
due to the 6-month increase. This action does not constitute the
establishment of new conditions on the ASTM standards that are
currently incorporated by reference in appendix H to 10 CFR part 50 nor
a standard that contains generally applicable requirements. This action
maintains the use of the ASTM standards that are currently incorporated
by reference in appendix H to 10 CFR part 50 but makes optional certain
aspects of the ASTM standards that have been determined not to be
necessary for the safe operation of nuclear power plants.
XVI. 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.
----------------------------------------------------------------------------------------------------------------
Document Adams Accession No./Web Link/Federal RegisterCitation
----------------------------------------------------------------------------------------------------------------
ASME Boiler and Pressure Vessel Code, Section II, https://www.asme.org.
``Materials''.
ASTM E 185-73, ``Standard Recommended Practice for https://www.astm.org.
Surveillance Tests for Nuclear Reactor Vessels''.
ASTM 185-79, ``Standard Practice for Conducting https://www.astm.org.
Surveillance Tests for Light-Water Cooled Nuclear
Power Reactor Vessels''.
ASTM E 185-82, ``Standard Practice for Conducting https://www.astm.org.
Surveillance Tests for Light-Water Cooled Nuclear
Power Reactor Vessels''.
ASME Boiler and Pressure Vessel Code, Section XI, https://www.asme.org.
Appendix G, ``Rules for Inservice Inspection of
Nuclear Power Plant Components''.
Federal Register notification--``Part 50 Final Rule- 38 FR 19012.
Licensing of Production and Utilization Facilities;
Fracture Toughness and Surveillance Program
Requirements,'' July 17, 1973.
Federal Register notification--``10 CFR Part 50 Final 48 FR 24008.
Rule, Fracture Toughness Requirements for Light-Water
Nuclear Power Reactors,'' May 27, 1983.
Rulemaking for Appendix H to 10 CFR Part 50, ``Reactor ML19038A477.
Vessel Material Surveillance Program Requirements--
Regulatory Basis,'' April 2019.
Federal Register notification--``10 CFR Part 50, 84 FR 12876.
Reactor Vessel Material Surveillance Program:
Regulatory Basis; Availability,'' April 3, 2019.
Federal Register notification--``10 CFR Part 50, 84 FR 14845.
Reactor Vessel Material Surveillance Program:
Regulatory Basis; Availability; Correction,'' April
12, 2019.
ASTM E 185-66, ``Recommended Practice for Surveillance https://www.astm.org.
Tests on Structural Materials in Nuclear Reactors``.
ASTM Method E 8, ``Methods of Tension Testing of https://www.astm.org.
Metallic Materials,''.
ASTM E21 ``Recommended Practice for Elevated https://www.astm.org.
Temperature Tension Tests of Metallic Materials.''.
Summary of April 30, 2019, Public Meeting to Discuss ML19127A050.
the Status of the Appendix H, Reactor Vessel Material
Surveillance Program Requirements Rulemaking.
Summary of June 1, 2017, Public Meeting to Discuss the ML17173A081.
Scope and Related Costs and Benefits Associated with
the ``Reactor Vessel Materials Surveillance Program
Requirements'' Proposed Rulemaking.
Staff Requirements Memorandum (SRM)-COMSECY-18-0016, ML19009A517.
``Request Commission Approval to Use the Direct Final
Rule Process to Revise the Testing and Reporting
Requirements in 10 CFR Part 50, Appendix H, Reactor
Vessel Material Surveillance Program Requirements (RIN
3150-AK07)''.
Regulatory Analysis for the Direct Final Rule: Appendix ML20246G422.
H to 10 CFR Part 50--Reactor Vessel Material
Surveillance Program Requirements, September 2020.
----------------------------------------------------------------------------------------------------------------
[[Page 62207]]
List of Subjects in 10 CFR Part 50
Administrative practice and procedure, Antitrust, Backfitting,
Classified information, Criminal penalties, Education, Fire prevention,
Fire protection, Incorporation by reference, Intergovernmental
relations, Nuclear power plants and reactors, Penalties, Radiation
protection, Reactor siting criteria, Reporting and recordkeeping
requirements, Whistleblowing.
For the reasons set forth in the preamble, and under the authority
of the Atomic Energy Act of 1954, as amended; the Energy Reorganization
Act of 1974, as amended; and 5 U.S.C. 552 and 553, the NRC is adopting
the following amendments to 10 CFR part 50:
PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION
FACILITIES
0
1. The authority citation for part 50 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 11, 101, 102, 103,
104, 105, 108, 122, 147, 149, 161, 181, 182, 183, 184, 185, 186,
187, 189, 223, 234 (42 U.S.C. 2014, 2131, 2132, 2133, 2134, 2135,
2138, 2152, 2167, 2169, 2201, 2231, 2232, 2233, 2234, 2235, 2236,
2237, 2239, 2273, 2282); Energy Reorganization Act of 1974, secs.
201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); Nuclear Waste
Policy Act of 1982, sec. 306 (42 U.S.C. 10226); National
Environmental Policy Act of 1969 (42 U.S.C. 4332); 44 U.S.C. 3504
note; Sec. 109, Pub. L. 96-295, 94 Stat. 783.
0
2. In appendix H to part 50:
0
a. Revise paragraph III.B.1;
0
b. Add paragraph III.B.4; and
0
c. In paragraph IV.A, remove the phrase ``one year'' and add in its
place the phrase ``eighteen months''.
The revision and addition read as follows:
Appendix H to Part 50--Reactor Vessel Material Surveillance Program
Requirements
* * * * *
III. * * *
B. * * *
1. The design of the surveillance program and the withdrawal
schedule must meet the requirements of the edition of the ASTM E 185
that is current on the issue date of the ASME code to which the
reactor vessel was purchased; for reactor vessels purchased after
1982, the design of the surveillance program and the withdrawal
schedule must meet the requirements of ASTM E 185-82. For reactor
vessels purchased in or before 1982, later editions of ASTM E 185
may be used, but including only those editions through 1982. For
each capsule withdrawal, the test procedures and reporting
requirements must meet the requirements of the ASTM E 185 to the
extent practicable for the configuration of the specimens in the
capsule. If any of the optional provisions in paragraphs III.B.4(a)
through (d) of this section are implemented in lieu of ASTM E 185,
the number of specimens included or tested in the surveillance
program shall be adjusted as specified in paragraphs III.B.4(a)
through (d) of this section.
* * * * *
4. Optional provisions. As used in this section, references to
ASTM E 185 include the edition of ASTM E 185 that is current on the
issue date of the ASME Code to which the reactor vessel was
purchased through the 1982 edition.
(a) First Provision: Heat-Affected Zone Specimens--The inclusion
or testing of weld heat-affected zone Charpy impact specimens within
the surveillance program as specified in ASTM E 185 is optional.
(b) Second Provision: Tension Specimens--If this provision is
implemented, the minimum number of tension specimens to be included
and tested in the surveillance program shall be as specified in
paragraphs III.B.4(b)(i) and (ii) of this section.
(i) Unirradiated Tension Specimens--Two tension specimens from
each base and weld material required by ASTM E 185 shall be tested,
with one specimen tested at room temperature and the other specimen
tested at the service temperature; and
(ii) Irradiated Tension Specimens--Two tension specimens from
each base and weld material required by ASTM E 185 shall be included
in each surveillance capsule and tested, with one specimen tested at
room temperature and the other specimen tested at the service
temperature.
(c) Third Provision: Correlation Monitor Materials--The testing
of correlation monitor material specimens within the surveillance
program as specified in ASTM E 185 is optional.
(d) Fourth Provision: Thermal Monitor--The inclusion or
examination of thermal monitors within the surveillance program as
specified in ASTM E 185 is optional.
* * * * *
Dated at Rockville, Maryland, this 24th day of September, 2020.
For the Nuclear Regulatory Commission.
Annette Vietti-Cook,
Secretary for the Commission.
[FR Doc. 2020-21505 Filed 10-1-20; 8:45 am]
BILLING CODE 7590-01-P