[Federal Register Volume 87, Number 207 (Thursday, October 27, 2022)]
[Rules and Regulations]
[Pages 65128-65157]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23226]
[[Page 65127]]
Vol. 87
Thursday,
No. 207
October 27, 2022
Part II
Nuclear Regulatory Commission
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10 CFR Part 50
American Society of Mechanical Engineers 2019-2020 Code Editions; Final
Rule
Federal Register / Vol. 87 , No. 207 / Thursday, October 27, 2022 /
Rules and Regulations
[[Page 65128]]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 50
[NRC-2018-0290]
RIN 3150-AK22
American Society of Mechanical Engineers 2019-2020 Code Editions
AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its
regulations to incorporate by reference the 2019 Edition of the
American Society of Mechanical Engineers Boiler and Pressure Vessel
Code, Section III, Division 1, and Section XI, Division 1, and the 2020
Edition of the American Society of Mechanical Engineers Operation and
Maintenance of Nuclear Power Plants, Division 1: OM Code: Section IST,
for nuclear power plants. The NRC is also incorporating by reference
the American Society of Mechanical Engineers OM Code Case OMN-28,
``Alternative Valve Position Verification Approach to Satisfy ISTC-3700
for Valves Not Susceptible to Stem-Disk Separation''; the 2011 Addenda
to ASME NQA-1-2008, ``Quality Assurance Requirements for Nuclear
Facility Applications'' (ASME NQA-1b-2011); and the 2012 and 2015
Editions of ASME NQA-1, ``Quality Assurance Requirements for Nuclear
Facility Applications.'' This action is in accordance with the NRC's
policy to periodically update the regulations to incorporate by
reference new editions of the American Society of Mechanical Engineers
Codes and is intended to maintain the safety of nuclear power plants
and to make NRC activities more effective and efficient.
DATES: This final rule is effective on November 28, 2022. The
incorporation by reference of certain publications listed in the
regulation is approved by the Director of the Federal Register as of
November 28, 2022.
ADDRESSES: Please refer to Docket ID NRC-2018-0290 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-2018-0290. Address
questions about NRC dockets to Dawn Forder; telephone: 301-415-3407;
email: [email protected]. For technical questions, contact the
individuals listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS
Search.'' For problems with ADAMS, please contact the NRC's Public
Document Room (PDR) reference staff at 1-800-397-4209, 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.
NRC's PDR: You may examine and purchase copies of public
documents, by appointment, at the NRC's Public Document Room (PDR),
Room P1 B35, One White Flint North, 11555 Rockville Pike, Rockville,
Maryland 20852. To make an appointment to visit the PDR, please send an
email to [email protected] or call 1-800-397-4209 or 301-415-4737,
between 8:00 a.m. and 4:00 p.m. (ET), Monday through Friday, except
Federal holidays.
Technical Library: The Technical Library, which is located
at Two White Flint North, 11545 Rockville Pike, Rockville, Maryland
20852, is open by appointment only. Interested parties may make
appointments to examine documents by contacting the NRC Technical
Library by email at [email protected] between 8:00 a.m. and 4:00
p.m. (EST), Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Caylee Kenny, Office of Nuclear
Material Safety and Safeguards, telephone: 301-415-7150, email:
[email protected]; or Michael Benson, Office of Nuclear Reactor
Regulation, telephone: 301-415-2425, email: [email protected].
Both are staff of the U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001.
SUPPLEMENTARY INFORMATION:
Executive Summary
A. Need for the Regulatory Action
The NRC is amending its regulations to incorporate by reference the
2019 Edition of the American Society of Mechanical Engineers (ASME)
Boiler and Pressure Vessel Code (BPV Code) and the 2020 Edition of the
ASME Operation and Maintenance of Nuclear Power Plants, Division 1: OM
Code: Section IST (OM Code), for nuclear power plants. The NRC is also
incorporating by reference the ASME OM Code Case OMN-28, ``Alternative
Valve Position Verification Approach to Satisfy ISTC-3700 for Valves
Not Susceptible to Stem-Disk Separation;'' the 2011 Addenda to ASME
NQA-1-2008, ``Quality Assurance Requirements for Nuclear Facility
Applications'' (ASME NQA-1b-2011); and the 2012 and 2015 Editions of
ASME NQA-1, ``Quality Assurance Requirements for Nuclear Facility
Applications.''
ASME periodically revises and updates its codes for nuclear power
plants by issuing new editions; this final rule is in accordance with
the NRC's practice to incorporate those new editions into the NRC's
regulations. This rule maintains the safety of nuclear power plants,
makes NRC activities more effective and efficient, and allows nuclear
power plant licensees and applicants to take advantage of the latest
ASME Codes. ASME is a voluntary consensus standards organization, and
ASME Codes are voluntary consensus standards. The NRC's use of the ASME
Codes is consistent with applicable requirements of the National
Technology Transfer and Advancement Act (NTTAA). See also Section XIV
of this document, ``Voluntary Consensus Standards.''
B. Major Provisions
Major provisions of this final rule include the incorporation by
reference with conditions of the following ASME Codes and Code Case
into NRC regulations and delineation of NRC requirements for the use of
these Codes:
The 2019 Edition of the BPV Code
The 2020 Edition of the OM Code
OM Code Case OMN-28, ``Alternative Valve Position Verification
Approach to Satisfy ISTC-3700 for Valves Not Susceptible to Stem-Disk
Separation''
The 2011 Addenda to ASME NQA-1-2008, ``Quality Assurance
Requirements for Nuclear Facility Applications,'' (ASME NQA-1b-2011)
and the 2012 and 2015 Editions of ASME NQA-1.
C. Costs and Benefits
The NRC prepared a regulatory analysis to determine the expected
costs and benefits of this final rule. The regulatory analysis
identifies costs and benefits in both a quantitative fashion as well as
in a qualitative fashion.
Based on the analysis, the NRC concludes that this final rule
results in a net quantitative averted cost to the industry and the NRC.
This final rule, relative to the regulatory baseline, would result in a
net averted cost for industry of $10.2 million based on a 7 percent net
present value (NPV) and
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$11.0 million based on a 3 percent NPV. The estimated incremental
industry averted cost per reactor unit ranges from $112,087 based on a
7 percent NPV to $120,879 based on a 3 percent NPV. The rulemaking
alternative benefits the NRC by averting costs for reviewing and
approving requests to use alternatives to the Codes on a plant-specific
basis under Sec. 50.55a(z) of title 10 of the Code of Federal
Regulations (10 CFR). The NRC net benefit ranges from $0.91 million
based on a 7 percent NPV to $0.99 million based on a 3 percent NPV.
Qualitative factors that were considered include regulatory
stability and predictability, regulatory efficiency, and consistency
with the provisions of the NTTAA. The regulatory analysis includes a
discussion of the costs and benefits that were considered
qualitatively. If the results of the regulatory analysis were based
solely on quantified costs and benefits, the regulatory analysis would
show that the rulemaking is justified because the total quantified
benefits of the regulatory action exceed the costs of the action. When
the qualitative benefits (including the safety benefit and improvement
in knowledge) are considered together with the quantified benefits, the
benefits outweigh the identified quantitative and qualitative impacts.
The NRC has had a decades-long practice of approving and/or
mandating the use of certain parts of editions and addenda of these
ASME Codes in Sec. 50.55a. Continuing this practice in this final rule
ensures regulatory stability and predictability. This practice also
provides consistency across the industry and provides assurance to the
industry and the public that the NRC will continue to support the use
of the most updated and technically sound techniques developed by ASME
to provide adequate protection to the public. In this regard, the ASME
Codes are voluntary consensus standards developed by technical
committees composed of mechanical engineers and others who represent
the broad and varied interests of their industries, from manufacturers
and installers to insurers, inspectors, distributors, regulatory
agencies, and end users. The standards have undergone extensive
external review before being considered to be incorporated by reference
by the NRC. Finally, the NRC's use of the ASME Codes is consistent with
the NTTAA, which directs Federal agencies to adopt voluntary consensus
standards instead of developing ``government-unique'' (i.e., Federal
agency-developed) standards, unless inconsistent with applicable law or
otherwise impractical.
For more information, please see the regulatory analysis (Accession
No. ML21267A092 in the NRC's Agencywide Documents Access and Management
System (ADAMS)).
Table of Contents
I. Background
II. Discussion
A. ASME BPV Code, Section III
B. ASME BPV Code, Section XI
C. ASME OM Code
III. Opportunities for Public Participation
IV. NRC Responses to Public Comments
A. ASME BPV Code, Section XI
B. ASME OM Code
V. Section-by-Section Analysis
VI. Generic Aging Lessons Learned Report
VII. Regulatory Flexibility Certification
VIII. Regulatory Analysis
IX. Backfitting and Issue Finality
X. Plain Writing
XI. Environmental Assessment and Final Finding of No Significant
Environmental Impact
XII. Paperwork Reduction Act
XIII. Congressional Review Act
XIV. Voluntary Consensus Standards
XV. Incorporation by Reference--Reasonable Availability to
Interested Parties
XVI. Availability of Guidance
XVII. Availability of Documents
I. Background
The American Society of Mechanical Engineers (ASME) develops and
publishes the ASME BPV Code, which contains requirements for the
design, construction, and inservice inspection (ISI) of nuclear power
plant components, and the ASME Operation and Maintenance of Nuclear
Power Plants, Division 1: OM Code: Section IST (OM Code),\1\ which
contains requirements for inservice testing (IST) of nuclear power
plant components. Until 2012, ASME issued new editions of the ASME BPV
Code every 3 years and addenda to the editions annually, except in
years when a new edition was issued. Similarly, ASME periodically
published new editions and addenda of the ASME OM Code. Starting in
2012, the ASME decided to issue editions of its BPV and OM Codes
(without addenda) every 2 years, with the BPV Code to be issued on the
odd years (e.g., 2013, 2015, etc.) and the OM Code to be issued on the
even years \2\ (e.g., 2012, 2014, etc.). The new editions typically
revise provisions of the ASME Codes to broaden their applicability, add
specific elements to current provisions, delete specific provisions,
and/or clarify them to narrow the applicability of the provision. New
editions of the ASME Codes do not significantly change code philosophy
or approach.
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\1\ The editions and addenda of the ASME Code for Operation and
Maintenance of Nuclear Power Plants have had different titles from
2005 to 2017 and are referred to collectively in this rule as the
``OM Code.''
\2\ The 2014 Edition of the ASME OM Code was delayed and was
designated the 2015 Edition. Similarly, the 2016 Edition of the OM
Code was delayed and was designated the 2017 Edition.
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The NRC's practice is to establish requirements for the design,
construction, operation, ISI (examination), and IST of nuclear power
plants by approving the use of editions and addenda of the ASME BPV and
OM Codes (ASME Codes) in Sec. 50.55a of title 10 of the Code of
Federal Regulations (10 CFR). The NRC approves or mandates the use of
certain parts of editions and addenda of these ASME Codes in Sec.
50.55a through the rulemaking process of ``incorporation by
reference.'' Upon incorporation by reference of the ASME Codes into
Sec. 50.55a, the provisions of the ASME Codes are legally binding NRC
requirements as delineated in Sec. 50.55a, and subject to the
conditions on certain specific ASME Codes' provisions that are set
forth in Sec. 50.55a. The editions and addenda of the ASME BPV and OM
Codes were last incorporated by reference into the NRC's regulations in
a final rule dated May 4, 2020 (85 FR 26540) and amended June 3, 2020
(85 FR 34087).
The ASME Codes are consensus standards developed by participants,
including the NRC and licensees of nuclear power plants, who have broad
and varied interests. The ASME's adoption of new editions of, and
addenda to, the ASME Codes does not mean that there is unanimity on
every provision in the ASME Codes. There may be disagreement among the
technical experts, including the NRC's representatives on the ASME Code
committees and subcommittees, regarding the acceptability or
desirability of a particular code provision included in an ASME-
approved Code edition or addenda. If the NRC believes that there is a
significant technical or regulatory concern with a provision in an
ASME-approved Code edition or addenda being considered for
incorporation by reference, then the NRC conditions the use of that
provision when it incorporates by reference that ASME Code edition or
addenda into its regulations. In some instances, the condition
increases the level of safety afforded by the ASME Code provision, or
addresses a regulatory issue not considered by ASME. In other
instances, where research data or experience has shown that certain
code provisions are unnecessarily conservative, the condition may
provide that the code provision need not be complied with in some or
all respects. The NRC's
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conditions are included in Sec. 50.55a, typically in paragraph (b) of
that section. NRC rulemakings adopting (incorporating by reference) a
voluntary consensus standard identify and justify each part of the
standard that is not adopted. For this final rule, the provisions of
the 2019 Edition of Section III, Division 1; and the 2019 Edition of
Section XI, Division 1, of the ASME BPV Code; and the 2020 Edition of
the ASME OM Code that the NRC is not adopting, or is only partially
adopting, are identified in the Discussion, Regulatory Analysis, and
Backfitting and Issue Finality sections of this document. The
provisions of those specific editions and the Code Case that are the
subject of this final rule that the NRC finds to be conditionally
acceptable, together with the applicable conditions, are also
identified in the Discussion, Regulatory Analysis, and Backfitting and
Issue Finality sections of this document.
The ASME Codes are voluntary consensus standards, and the NRC's
incorporation by reference of these Codes is consistent with applicable
requirements of the NTTAA. Additional discussion on the NRC's
compliance with the NTTAA is set forth in Section XIV of this document,
``Voluntary Consensus Standards.''
II. Discussion
The NRC regulations incorporate by reference ASME Codes for nuclear
power plants. This final rule is the latest in a series of rulemakings
to amend the NRC's regulations to incorporate by reference revised and
updated ASME Codes for nuclear power plants. This final rule is
intended to maintain the safety of nuclear power plants and make NRC
activities more effective and efficient.
The NRC follows a three-step process to determine acceptability of
new provisions in new editions to the Codes and the need for conditions
on the uses of these Codes. This process was employed in the review of
the Codes that are the subjects of this rule. First, the NRC staff
actively participates with other ASME committee members with full
involvement in discussions and technical debates in the development of
new and revised Codes. This includes a technical justification of each
new or revised Code provision. Second, the NRC's committee
representatives discuss the Codes and technical justifications with
other cognizant NRC staff to ensure an adequate technical review.
Third, the NRC position on each Code is reviewed and approved by NRC
management as part of this rule amending Sec. 50.55a to incorporate by
reference new editions of the ASME Codes and conditions on their use.
This regulatory process, when considered together with the ASME's own
process for developing and approving the ASME Codes, assures that the
NRC approves for use only those new and revised Code edition and
addenda, with conditions as necessary, that provide reasonable
assurance of adequate protection to the public health and safety, and
that do not have significant adverse impacts on the environment.
The NRC is amending its regulations to incorporate by reference:
The 2019 Edition to the ASME BPV Code, Section III,
Division 1 and Section XI, Division 1, with conditions on their use.
The 2020 Edition to Division 1 of the ASME OM Code, with
conditions on its use.
ASME OM Code Case OMN-28, ``Alternative Valve Position
Verification Approach to Satisfy ISTC-3700 for Valves Not Susceptible
to Stem-Disk Separation,'' without conditions.
ASME Standard NQA-1, ``Quality Assurance Requirements for
Nuclear Facility Applications,'' including several editions and addenda
to NQA-1. More specifically, the NRC is incorporating by reference the
2011 Addenda to ASME NQA-1b-2008, ``Quality Assurance Requirements for
Nuclear Facility Applications'' (ASME NQA-1b-2011), and the 2012 and
2015 Editions of ASME NQA-1, with conditions on their use.
The current regulations in Sec. 50.55a(a)(1)(i) incorporate by
reference ASME BPV Code, Section III, 1963 Edition through the 1970
Winter Addenda; and the 1971 Edition (Division 1) through the 2017
Edition (Division 1), subject to the conditions identified in current
Sec. 50.55a(b)(1)(i) through (xii). This final rule revises Sec.
50.55a(a)(1)(i) to incorporate by reference the 2019 Edition (Division
1) of the ASME BPV Code, Section III.
The current regulations in Sec. 50.55a(a)(1)(ii) incorporate by
reference ASME BPV Code, Section XI, 1970 Edition through the 1973
Winter Addenda; and the 1974 Edition (Division 1) through the 2017
Edition (Division 1), subject to the conditions identified in the
current Sec. 50.55a(b)(2)(i) through (xlii). This final rule revises
Sec. 50.55a(a)(1)(ii) to incorporate by reference the 2019 Edition
(Division 1) of the ASME BPV Code, Section XI. It also removes the
incorporation by reference of older editions and addenda of Section XI
prior to 2001 Edition that are no longer in use, and adds, removes, or
revises some of the conditions as explained in the rule.
The current regulations in Sec. 50.55a(a)(1)(iv) incorporate by
reference ASME OM Code, 1995 Edition through the 2006 Addenda, and the
2009 Edition (Division 1) through the 2017 Edition (Division 1),
subject to the conditions currently identified in Sec. 50.55a(b)(3)(i)
through (xi). This final rule revises Sec. 50.55a(a)(1)(iv) to
incorporate by reference the 2020 Edition of Division 1 of the ASME OM
Code. As explained in Section II.C of this document, this final rule
also revises Sec. 50.55a(a)(1)(iv) to remove the incorporation by
reference of the 2011 Addenda of the ASME OM Code as well as the 2015
Edition of the ASME OM Code. This final rule also revises Sec.
50.55a(a)(1)(iii) to add the incorporation by reference of the ASME OM
Code Case OMN-28, which is referenced in paragraph (b)(3)(xi).
The current regulations in Sec. 50.55a(a)(1)(v) incorporate by
reference ASME NQA-1, 1983 Edition through the 2009 Addenda, subject to
conditions identified in Sec. 50.55a(b)(1)(iv) and (b)(2)(x). This
final rule revises Sec. 50.55a(a)(1)(v) to incorporate by reference
the 2011 Addenda to ASME NQA-1-2008 (ASME NQA-1b-2011) and the 2012 and
2015 Editions of ASME NQA-1.
In the introductory discussion of its Codes, ASME specifies that
errata to those Codes may be posted on the ASME website under the
Committee Pages to provide corrections to incorrectly published items,
or to correct typographical or grammatical errors in those Codes. Users
of the ASME BPV Code and ASME OM Code should be aware of errata when
implementing the specific provisions of those Codes. Applicants and
licensees should monitor errata to determine when they might need to
submit a request for an alternative under Sec. 50.55a(z) to implement
provisions specified in an errata to their ASME code of record.
The NRC reviewed changes to the Codes in the editions identified in
this final rule, and published a proposed rule in the Federal Register
setting forth the NRC's proposal to incorporate by reference the ASME
Codes, together with proposed conditions on their use (86 FR 16087;
March 26, 2021). The NRC also corrected minor editorial and
administrative errors, including spacing and typos. After consideration
of the public comments received on the proposed rule (public comments
are discussed in Section IV of this document, ``NRC Responses to Public
Comments''), the NRC concludes, in accordance with the process for
review of changes to the Codes, that these
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editions of the Codes are technically adequate, consistent with current
NRC regulations, and approved for use with the specified conditions set
forth in this final rule. Each of the NRC conditions and the reasons
for each condition are discussed in the following sections of this
document. The discussions are organized under the applicable ASME Code
and Section.
A. ASME BPV Code, Section III
Section 50.55a(a)(1)(i)(E) Rules for Construction of Nuclear Facility
Components--Division 1
The NRC is revising Sec. 50.55a(a)(1)(i)(E) to incorporate by
reference the 2019 Edition of the ASME BPV Code, Section III, including
Subsection NCA and Division 1 Subsections NB through NG and Appendices.
As stated in Sec. 50.55a(a)(1)(i), the Nonmandatory Appendices are
excluded and not incorporated by reference. The Mandatory Appendices
are incorporated by reference because they include information
necessary for Division 1. However, the Mandatory Appendices also
include material that pertains to other Divisions that have not been
reviewed and approved by the NRC. Although this information is included
in the sections and appendices being incorporated by reference, the NRC
notes that the use of Divisions other than Division 1 has not been
approved, nor are they required by NRC regulations and, therefore, such
information is not relevant to current applicants and licensees. The
NRC is not taking a position on the non-Division 1 information in the
appendices and is including it in the incorporation by reference only
for convenience. Therefore, this final rule revises the introductory
text to Sec. 50.55a(a)(1)(i)(E) to reference the 2019 Edition of the
ASME BPV Code, Section III, including Subsection NCA and Division 1
Subsections NB through NG and Appendices.
Section 50.55a(b)(1) Conditions on ASME BPV Code Section III
The NRC is revising the definition of Section III in Sec.
50.55a(b)(1) to include the latest edition of the ASME BPV Code,
Section III incorporated by reference in paragraph (a)(1)(i).
Section 50.55a(b)(1)(ii) Section III Condition: Weld Leg Dimensions
The NRC is revising Sec. 50.55a(b)(1)(ii) to extend the
applicability of the condition through the latest edition of the ASME
BPV Code, Section III incorporated by reference in paragraph (a)(1)(i).
The 2019 Edition of Section III was not modified in a way that would
make it possible for the NRC to remove this condition. Therefore, the
NRC is revising this condition to apply to the latest edition
incorporated by reference.
Section 50.55a(b)(1)(iv) Section III Condition: Quality Assurance
The NRC is revising this condition to allow the use of the editions
of NQA-1 that are both incorporated by reference in paragraph (a)(1)(v)
of Sec. 50.55a and specified in either NCA-4000 or NCA-7000 of the
1989 or later edition of Section III that is incorporated by reference
in Sec. 50.55a. This will allow applicants and licensees to use the
2011 Addenda to ASME NQA-1-2008, ``Quality Assurance Requirements for
Nuclear Facility Applications'' (ASME NQA-1b-2011), and the 2012 and
2015 Edition of NQA-1 when using the 2019 or later Edition of Section
III, that is incorporated by reference in Sec. 50.55a.
Section 50.55a(b)(1)(vii) Section III Condition: Capacity Certification
and Demonstration of Function of Incompressible-Fluid Pressure-Relief
Valves
The NRC is revising Sec. 50.55a(b)(1)(vii) to extend the
applicability of the condition through the latest edition of the ASME
BPV Code, Section III incorporated by reference in paragraph (a)(1)(i).
The 2019 Edition of Section III was not modified in a way that would
make it possible for the NRC to remove this condition. Therefore, the
NRC is revising this condition to apply to the latest edition
incorporated by reference.
Section 50.55a(b)(1)(x) Section III Condition: Visual Examination of
Bolts, Studs, and Nuts
The NRC is revising Sec. 50.55a(b)(1)(x) to extend the
applicability of the condition through the latest edition of the ASME
BPV Code, Section III incorporated by reference in paragraph (a)(1)(i).
The 2019 Edition of Section III was not modified in a way that would
make it possible for the NRC to remove this condition. Therefore, the
NRC is revising this condition to apply to the latest edition
incorporated by reference.
Section 50.55a(b)(1)(xiii) Section III Condition: Preservice Inspection
of Steam Generator Tubes
The NRC is adding a new condition Sec. 50.55a(b)(1)(xiii) to
condition the provisions of NB 5283 in the 2019 Edition of Section III,
which exempted steam generator tubing from preservice examinations. The
condition is in two provisions as follows:
Section 50.55a(b)(1)(xiii)(A) Section III Condition: Preservice
Inspection of Steam Generator Tubes, First Provision
The NRC is adding a condition to require that a full-length
preservice examination of 100 percent of the steam generator tubing in
each newly installed steam generator be performed prior to plant
startup. Preservice examinations provide a baseline for future required
inservice examinations and provide assurance of its structural
integrity and ability to perform its intended function. The 2019
Edition does not require these preservice examinations to be performed.
Therefore, the NRC is adding Sec. 50.55a(b)(1)(xiii)(A) to condition
the provisions of NB-5283 in the 2019 Edition of Section III to require
that preservice examination of steam generator tubing shall be
performed, in order to ensure that the steam generator tubing which is
part of the reactor coolant pressure boundary has an adequate baseline
examination for future inservice examinations and ensures the tubing's
structural integrity to perform its intended function.
Section 50.55a(b)(1)(xiii)(B) Section III Condition: Preservice
Inspection of Steam Generator Tubes, Second Provision
The provisions of NB-5360 in the 2019 Edition of Section III
removed the requirements for eddy current preservice examination of
installed steam generator tubing and the criteria for evaluating flaws
found during the preservice examination. A preservice examination is
important because it ensures that the steam generator tubes, which are
part of the reactor coolant pressure boundary, are acceptable for
initial operation. In addition, preservice examination provides the
baseline condition of the tubes, which is essential in assessing the
nature of indications found in the tubes during subsequent inservice
examinations. These inspections must be performed with the objective of
finding and characterizing the types of preservice flaws that may be
present in the tubes and flaws that may occur during operation.
Therefore, the NRC is adding Sec. 50.55a(b)(1)(xiii)(B) to condition
the provisions of NB-5360 in the 2019 Edition of Section III, to
require that flaws revealed during preservice examination of steam
generator tubing shall be evaluated using the criteria in the design
specifications.
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B. ASME BPV Code, Section XI
Section 50.55a(a)(1)(ii) ASME Boiler and Pressure Vessel Code, Section
XI
The NRC is removing and reserving Sec. 50.55a(a)(1)(ii)(A),
removing Sec. 50.55a(a)(1)(ii)(B)(5) through (7), and removing and
reserving Sec. 50.55a(a)(1)(ii)(C)(1) through (32) and
(a)(1)(ii)(C)(37) through (40) because these sections incorporate by
reference older editions and addenda of Section XI prior to 2001
Edition, which are no longer in use. As a result of removing those
older editions that are no longer in use, the NRC is amending
regulations in Sec. 50.55a(b)(2)(viii), (ix), (xii), (xiv), and (xv),
(b)(2)(xviii)(A), (b)(2)(xix), and (b)(2)(xx)(A) to remove references
to these older editions and addenda.
The NRC is amending the regulations in Sec. 50.55a(a)(1)(ii)(C) to
incorporate by reference the 2019 Edition (Division 1) of the ASME BPV
Code, Section XI. The current regulations in Sec. 50.55a(a)(1)(ii)(C)
incorporate by reference ASME BPV Code, Section XI, the 1977 Edition
(Division 1) through the 2017 Edition (Division 1), subject to the
conditions identified in current Sec. 50.55a(b)(2)(i) through (xlii).
The amendment revises the introductory text to Sec.
50.55a(a)(1)(ii)(C) to reference the 2019 Edition (Division 1) of the
ASME BPV Code, Section XI.
Section 50.55a(b)(2) Conditions on ASME BPV Code Section XI
The NRC is revising the definition of Section XI in Sec.
50.55a(b)(2) to include the latest edition of the ASME BPV Code,
Section XI incorporated by reference in paragraph (a)(1)(ii).
Section 50.55a(b)(2)(viii) Section XI Condition: Concrete Containment
Examinations
As stated above, the NRC is amending the regulations in Sec.
50.55a(b)(2)(viii) to remove references to Section XI editions and
addenda prior to the 2001 Edition. With the removal of these earlier
editions the NRC also is deleting paragraphs (b)(2)(viii)(A) through
(D) as these conditions apply to these earlier editions.
Section 50.55a(b)(2)(ix) Section XI Condition: Metal Containment
Examinations
As stated above, the NRC is amending the regulations in Sec.
50.55a(b)(2)(ix) to remove references to Section XI editions and
addenda prior to the 2001 Edition that are no longer in use. With the
removal of these earlier editions the NRC also is deleting paragraphs
(b)(2)(ix)(C) through (E) as these conditions apply to these earlier
editions.
Section 50.55a(b)(2)(x) Section XI Condition: Quality Assurance
The NRC is revising this condition to extend it to the versions of
NQA-1 referenced in the 2019 Edition of the ASME BPV Code, Section XI,
Table IWA 1600-1, ``Referenced Standards and Specifications,'' which
this final rule incorporates by reference.
The NRC is revising this condition to allow the use of the editions
of NQA-1 that are both incorporated by reference in paragraph (a)(1)(v)
of Sec. 50.55a and specified in Table IWA 1600-1 of the 1989 or later
Editions of Section XI. In the 2019 Edition of ASME BPV Code, Section
XI, Table IWA 1600-1 was updated to specify that licensees use the 1994
Edition or 2008 Edition through 2015 Editions of NQA-1 when using the
2019 Edition of Section XI. These revisions will allow licensees to use
the 2011 Addenda to ASME NQA-1-2008 or the 2012 or 2015 Edition of NQA-
1 when using the 2019 or later Edition of Section XI that is
incorporated by reference in Sec. 50.55a.
The NRC also is revising this condition to remove the reference to
IWA-1400 because it does not reference editions of NQA-1. The removal
of reference to IWA-1400 clarifies the text of the condition because
Table IWA 1600-1 specifies the editions of NQA-1 to be used while IWA-
1400 simply refers to using NQA-1 generally, without specifying any
particular edition.
Section 50.55a(b)(2)(xviii)(D) Section XI Condition: NDE Personnel
Certification: Fourth Provision
The NRC is amending the condition found in Sec.
50.55a(b)(2)(xviii) to address the removal of ASME BPV Code, Section
XI, 2011 Addenda from Sec. 50.55a(a)(1)(ii).
In addition, research performed at the Pacific Northwest National
Laboratory (PNNL) has shown that laboratory practice can be effective
in developing the skill to find flaws, and on-the-job training is
effective at developing the ability to perform examinations in a
nuclear reactor environment. Based on the research described in
Technical Letter Report PNNL-29761, the 250 experience hours for a
Level I certification can be reduced to 175 hours, with 125 experience
hours and 50 hours of laboratory practice, and the experience hours for
Level II Certification can be reduced to 720 hours, with 400 experience
hours and 320 hours of laboratory practice, without significantly
reducing the capabilities of the examiners to navigate in a nuclear
reactor environment. The NRC is therefore adding an option to Sec.
50.55a(b)(2)(xviii) to allow these requirements as an alternative to
Appendix VII, Table VII-4110-1 and Appendix VIII, Subarticle VIII-2200
in the 2010 Edition.
Section 50.55a(b)(2)(xx)(C) Section XI Condition: System Leakage Tests:
Third Provision
The NRC is amending the regulations in Sec. 50.55a(b)(2)(xx)(C) to
extend the applicability of the condition through the latest edition of
the ASME BPV Code, Section XI incorporated by reference in paragraph
(a)(1)(ii) of this section. The NRC also is amending Sec.
50.55a(b)(2)(xx)(C) to reflect that IWB-5210(c) was deleted from the
2019 Edition because it contained verbiage that was redundant to the
language in IWA-5213(b)(2) and IWB-5221(d).
Section 50.55a(b)(2)(xxi)(B) Section XI Condition: Table IWB-2500-1
Examination Requirements: Table IWB-2500-1 Examination
The NRC is amending the regulations in Sec. 50.55a(b)(2)(xxi)(B)
to extend the applicability of the condition through the latest edition
of the ASME BPV Code, Section XI incorporated by reference in paragraph
(a)(1)(ii) of this section.
Section 50.55a(b)(2)(xxv)(B) Section XI Condition: Mitigation of
Defects by Modification: Second Provision
The NRC is amending the regulations in Sec. 50.55a(b)(2)(xxv)(B)
to extend the applicability of the condition through the latest edition
of the ASME BPV Code, Section XI incorporated by reference in paragraph
(a)(1)(ii) of this section. The NRC also is amending the conditions
found in Sec. 50.55a(b)(2)(xxv)(B) by revising requirements associated
with (1) conducting wall thickness examinations at alternative
locations; and (2) follow-on examination requirements for external
corrosion of buried piping.
Paragraph (b)(2)(xxv)(B)(2) currently requires the licensee to
establish a loss of material rate by conducting wall thickness
examinations at the location of the defect. The condition also
establishes the timing of the examinations (i.e., two prior consecutive
or nonconsecutive refueling outage cycles in the 10-year period prior
to installation of the modification). The NRC is providing an
alternative by allowing loss of material rates to be measured at an
alternative location with similar corrosion conditions, similar flow
characteristics, and the same
[[Page 65133]]
piping configuration (e.g., straight run of pipe, elbow, tee). The NRC
had already accepted these characteristics as those necessary to
establish equivalency for internal corrosion on buried piping
configurations. The NRC recognizes that many licensees are conducting
periodic wall thickness examinations of piping systems as part of aging
management plans. Allowing an alternative equivalent location to be
used to obtain loss of material rates provides flexibility and reduces
unnecessary burden. In addition, the NRC is deleting the timing of the
examination requirements because the 2-times multiplier required by the
condition provides a conservative bias for measured loss of material
rates.
Paragraph (b)(2)(xxv)(B)(3) currently requires the licensee to
conduct wall thickness examinations on a refueling outage interval
until projected flaw growth rates have been validated. After validation
of the flaw growth rate, the modification would be examined at half its
expected life or, if the modification has an expected life greater than
19 years, once per interval. The NRC is deleting the refueling outage
interval examinations and only requiring the examination to occur at
half the modification's expected life or, if the modification has an
expected life greater than 19 years, once per interval. The NRC has
concluded that a 2-times multiplier for known loss of material rates or
a 4-times multiplier for estimated loss of material rates provides
sufficient conservatism to allow a follow-up examination to occur at
half the modification's expected life or, if the modification has an
expected life greater than 19 years, once per interval.
The changes in paragraph (b)(2)(xxv)(B)(3)(i) are editorial. The
NRC is deleting the term ``through wall'' from the clarification of
extent of degradation differences. The NRC recognizes that it would be
unlikely that through wall leakage would be occurring in two locations
(i.e., modification location, different examination location). The term
``percent wall loss plus or minus 25 percent'' is sufficient to capture
``through wall,'' if it should occur at the different examination
location.
Paragraph (b)(2)(xxv)(B)(3)(ii) currently requires licensees to
examine a buried pipe modification location where loss of material has
occurred due to external corrosion at half its expected life or 10
years, whichever is sooner. The NRC is revising this condition to
include a provision that would allow an extension of the required
inspection to any time in the first full 10-year inspection interval
after installation if the modification is recoated prior to backfill
following modification. This could mean that the modification might not
be inspected until as much as 19 years after installation. The NRC and
industry recognize that effective coatings can isolate the base
material from the environment and prevent further degradation. If
coating holidays (e.g., voids in coating) were to go undetected, only
localized loss of material would occur versus widespread general
corrosion. The NRC has reached this conclusion for two reasons: (1)
effective coatings ensure isolation of the modification site from the
environment such that only the areas with coating holidays would be
affected by the environment; and (2) because pitting corrosion that
might occur due to holidays would not affect the intended function of
the piping (i.e., to deliver flow), extension of the examination timing
will not challenge the intended function of the piping system.
Section 50.55a(b)(2)(xxvi), Section XI Condition: Pressure Testing of
Class 1, 2, and 3 Mechanical Joints
The NRC is amending Sec. 50.55a(b)(2)(xxvi) to remove references
to Section XI pressure test and VT-2 examination. The NRC is relaxing
the requirement to perform an ASME Section XI pressure test in
accordance with IWA-5211(a) and VT-2 examination of mechanical joints
disassembled and reassembled during the course of repair/replacement
activities. This condition was established in the final rule dated
October 1, 2004 (69 FR 58804) to supplement the test provisions in IWA-
4540 of the 2001 Edition and the 2002 and 2003 Addenda of Section XI of
the ASME BPV Code to require that Class 1, 2, and 3 mechanical joints
be pressure tested in accordance with IWA-4540(c) of the 1998 Edition
of Section XI. Over the years and in several rulemakings, commenters
have stated this condition was not required because licensee post-
maintenance test programs in accordance with appendix B to 10 CFR part
50, ``Quality Assurance Criteria for Nuclear Power Plants and Fuel
Reprocessing Plants,'' specify requirements for leak testing mechanical
connections following reassembly.
The final rule issued on May 4, 2020 (85 FR 26540), revised this
condition to clarify examiner and pressure test code requirements. But
this change caused confusion, because the industry interpreted the rule
to mean that some exemptions from pressure testing allowed by the code
were no longer allowable and that certain pressure testings would now
be required, whereas they were not required prior to this change.
Following the publication of the final rule, the NRC held a public
meeting on June 4, 2020, to discuss this condition. The industry asked
the NRC to reevaluate the interpretation and the need for the
condition. The NRC performed a qualitative risk analysis to judge the
safety significance of performing the Section XI pressure test and VT-2
examinations. The NRC looked at several risk scenarios and leveraged
the principles of risk-informed decision-making with technical work
completed through closure of Generic Safety Issue 29 (GSI-29): Bolting
Degradation of Failure in Nuclear Power Plants and current operational
experience; the NRC concluded that the risk of failure of mechanical
joints in the absence of pressure testing and VT-2 examination after
repair/replacement activities is very low. The NRC found that the risk
analyses suggest that the absence of the pressure test after repair/
replacement activities imposes a minimal safety concern when taking
into account the additional measures conducted by the industry to
ensure leak tightness. The NRC concluded that failure of a mechanical
joint in the absence of a pressure test and VT-2 exam is unlikely, and
the corresponding condition for Section XI pressure testing after
repair/replacement activities is not needed for safety. The NRC
presented the results of this risk analysis at a public meeting held
June 25, 2020.
In performing the risk determination, the NRC considered several
principles of risk-informed decision-making. While not relying fully on
these concepts, the NRC determined that the following additional
measures help reduce the uncertainty associated with the qualitative
risk assessment discussed above. With respect to performance
monitoring, the NRC considered (1) leak tests conducted as part of the
licensee quality assurance programs; (2) walkdowns of accessible areas
by Operations staff, including inspecting for leaks as part of plant
rounds; (3) containment monitoring for identified and unidentified
leakage; and (4) pressure testing of the reactor coolant loop performed
after each refueling outage. With respect to defense-in-depth, the NRC
considered that many systems, including the emergency core cooling
system, are in place to maintain core cooling if a primary system has a
flange failure, and that many Code systems have redundant trains. With
respect to safety margins, the NRC considered that leak-before-break
analysis of nuclear power plant primary systems have illustrated that
significant
[[Page 65134]]
safety margins exist for leaking joints, and the results of studies
conducted during closure of GSI-29 showed that a joint will leak with a
sufficient rate to be detected and mitigated by the licensees before
joint rupture occurs.
The NRC initially proposed requiring that licensees define a leak
test to be applied, but received comments that licensees are already
performing such tests to the standards of their quality assurance
programs under appendix B to 10 CFR part 50 and that requiring
licensees to create an additional program for such tests is duplicative
and unnecessary. The NRC agrees with these comments. Therefore, the NRC
is amending Sec. 50.55a(b)(2)(xxvi) to require mechanical joints in
Class 1, 2, and 3 piping and components greater than NPS-1 that are
disassembled and reassembled during the performance of a Section XI
repair/replacement activity must be verified to be leak tight, and the
verification must be performed to the standards of the licensee's
appendix B program. To be clear, this condition requires licensees to
verify that these mechanical joints are leak tight even under
circumstances a licensee's program under appendix B to 10 CFR part 50
would not require such verification. However, licensees need not define
a new leak test or personnel qualifications; instead, licensees will
apply the quality standards of their appendix B programs.
Because the condition no longer requires an ASME Code pressure
test, the ASME Code NDE examiner qualification requirements would no
longer apply. Therefore, in this final rule the NRC also is removing
the requirement for the NDE examiners to meet the requirements of the
licensee's current ISI code of record. In contrast to the proposed
rule, which indicated licensees would need to establish qualifications
for personnel performing the licensee-defined leak test, the final rule
relies on the qualification requirements of appendix B to part 50 to
ensure that tests are conducted by qualified personnel.
Requiring verification of leak tightness ensures the leak tests are
completed, and the NRC agrees that requirements of the licensee's
program under appendix B to part 50 are sufficient to ensure the tests
are conducted to an appropriate standard for nuclear applications. This
requirement is consistent with recommendations of the ASME Post
Construction Committee (PCC), which develops and maintains standards
addressing common issues and technologies related to post construction
activities. The PCC works with other consensus committees on the
development of separate, product-specific, codes and standards that
address issues encountered after initial construction for equipment and
piping covered by Pressure Technology Codes and Standards. The PCC-
developed standards generally follow ``Recognized and Generally
Accepted Good Engineering Practice.'' The PCC has developed PCC-1,
``Guidelines for Pressure Boundary Bolted Flange Joint Assembly,'' for
maintaining flanged joints, which has been referenced in American
Petroleum Institute and National Board of Boiler and Pressure Vessel
Inspectors Inspection Code standards. PCC-1 requires an owner defined
leak test, which is generally accepted as a good engineering practice.
The NRC will continue to monitor operating experience related to
mechanical joints to determine if this condition merits modification in
the future.
Section 50.55a(b)(2)(xxix), Section XI Condition: Nonmandatory Appendix
R
The NRC is amending Sec. 50.55a(b)(2)(xxix) to allow the use of
Supplement 2 of Nonmandatory Appendix R of Section XI in the 2017 and
2019 Editions without submittal of an alternative in accordance with
Sec. 50.55a(z). Currently Sec. 50.55a(b)(2)(xxix) requires licensees
who desire to implement a Risk-Informed Inservice Inspection (RI-ISI)
program in accordance with Appendix R to obtain prior authorization of
an alternative in accordance with Sec. 50.55a(z). The NRC has reviewed
the latest revisions to Appendix R and have found that Supplement 2 of
Appendix R in the 2017 and 2019 Editions of ASME Section XI would
ensure that future RI-ISI programs continue to comply with RG 1.178,
``An Approach for Plant-Specific Risk-Informed Decision making for
Inservice Inspection of Piping''; RG 1.200, ``An Approach for
Determining the Technical Adequacy of Probabilistic Risk Assessment
Results for Risk-Informed Activities''; and NRC Standard Review Plan
Chapter 3.9.8, ``Review of Risk-Informed Inservice Inspection of
Piping.'' Therefore, the NRC is amending Sec. 50.55a(b)(2)(xxix) to
allow RI-ISI programs in accordance with Supplement 2 of Appendix R in
ASME Section XI editions 2017 and later to be used without submittal of
an alternative in accordance with Sec. 50.55a(z). The submittal of an
alternative is still required for RI-ISI programs in accordance with
Supplement 1 of Appendix R or to use Supplement 2 of Section XI
editions prior to 2017.
Section 50.55a(b)(2)(xxxii) Section XI Condition: Summary Report
Submittal
The NRC is amending the condition in Sec. 50.55a(b)(2)(xxxii) to
relax the timeframe for submittal of Summary Reports (pre-2015 Edition)
or Owner Activity Reports (2015 Edition and later) for inservice
examinations and repair replacement activities. Through the 2017
Edition of ASME BPV Code, Section XI, owners were required to prepare
Summary Reports or Owner Activity Reports of preservice examination,
inservice examinations and repair replacement activities within 90
calendar days of the completion of each refueling outage. In the 2019
Edition of Section XI this timeframe was extended to 120 days. The NRC
has no objections to allowing licensees up to 120 days to submit the
reports and sees no reason to require earlier submittal for users of
previous editions. Therefore, the NRC is relaxing the requirement for
all licensees. Licensees using Section XI, Editions and Addenda prior
to the 2010 Edition may utilize Code Case N-778, ``Alternative
Requirements for Preparation and Submittal of Inservice Inspection
Plans, Schedules, and Preservice and Inservice Inspection Summary
Reports, Section XI, Division 1,'' to obtain the 120 day submittal
relaxation.
Section 50.55a(b)(2)(xxxvi) Section XI Condition: Fracture Toughness of
Irradiated Materials
The NRC is amending the regulations in Sec. 50.55a(b)(2)(xxxvi) to
extend the applicability of the condition through the latest edition of
the ASME BPV Code, Section XI incorporated by reference in paragraph
(a)(1)(ii) of this section.
Section 50.55a(b)(2)(xxxix) Section XI Condition: Defect Removal
The NRC is amending the regulations in Sec. 50.55a(b)(2)(xxxix) to
extend the applicability of the condition through the latest edition of
the ASME BPV Code, Section XI incorporated by reference in paragraph
(a)(1)(ii) of this section.
Section 50.55a(b)(2)(xl) Section XI Condition: Prohibitions on Use of
IWB-3510.4(b)
The NRC is removing the existing condition Sec. 50.55a(b)(2)(xl)
and its proposed modification as a result of public comments, which
provided information demonstrating that the condition is not necessary
(see ``NRC Responses to Public Comments: Final Rule: American Society
of Mechanical Engineers 2019-2020 Code Editions,'' as provided in the
``Availability of
[[Page 65135]]
Documents'' section of this document) on the proposed modification to
the condition. Removal of this condition and its proposed modification
will extend the applicability of the ASME BPV Code, Section XI
procedures to certain ferritic steels with specified minimum yield
strength greater than 50 kilopound per square inch (ksi).
Section 50.55a(b)(2)(xliii) Section XI Condition: Regulatory Submittal
Requirements
The NRC is adding Sec. 50.55a(b)(2)(xliii) to require licensees to
submit certain analyses for NRC review. In the 2019 Edition of the
Code, ASME elected to remove a number of submittal requirements related
to flaw evaluation. The subparagraphs where these requirements were
removed included IWA-3100(b), IWB-3410.2(d), IWB-3610(e), IWB-3640,
IWC-3640, IWD-3640, IWB-3720(c), IWB-3730(c), G-2216, G-2510, G-2520,
A-4200(c), A-4400(b), and G-2110(a). The NRC reviewed each of these
subparagraphs and determined that three of these removed submittal
requirements were necessary to allow the NRC to review plant safety
with respect to violation of pressure-temperature limits, ductile-to-
brittle transition behavior of ferritic steels, and the effects of
radiation embrittlement. Therefore, the condition simply retains the
requirement from previous editions of ASME Section XI.
The IWB-3720 addresses the scenario where plant pressure-
temperature limits are violated due to an unanticipated operating
event. Pressure-temperature limits provide important operational
limitations that protect against brittle fracture of the Reactor
Coolant System. In the case that such limits are exceeded, IWB-3720(a)
directs the plant owner to perform an analysis that determines the
effect of the out-of-limit condition on the structural integrity of the
Reactor Coolant System. Given the important safety implications of
violating pressure-temperature limits, the NRC determined that
licensees shall submit analyses performed under IWB-3720(a) for NRC
review.
Nonmandatory Appendix A, subparagraph A-4200(c) and Nonmandatory
Appendix G, subparagraph G-2110(c) allow owners to use a reference
temperature based upon T0 (called RTT0) instead
of RTNDT. RTNDT is a long-accepted method for
accounting for ductile-to-brittle transition behavior of ferritic
steels, including the effects of radiation embrittlement. T0
has not been extensively used in the nuclear power industry, at this
time. Determination of plant-specific T0 values requires
careful consideration of the operating characteristics of the plant.
Given the safety significance of the reactor pressure vessel and the
relative lack of experience with using T0, the NRC
determined that licensees shall submit analyses to determine
T0 for NRC review.
C. ASME OM Code
Section 50.55a(a)(1)(iii), ASME Code Cases: Nuclear Components
The NRC is amending the regulations in Sec. 50.55a(a)(1)(iii) to
incorporate by reference the ASME OM Code Case OMN-28, ``Alternative
Valve Position Verification Approach to Satisfy ISTC-3700 for Valves
Not Susceptible to Stem-Disk Separation.'' Public comments on Sec.
50.55a(b)(3)(xi) requested that the NRC include acceptance of Code Case
OMN-28 in this final rule for the purpose of extending the test
interval for valves that have a stem-disk connection that is not
susceptible to separation from two years to 12 years. The NRC agrees
that Code Case OMN-28 provides a structured approach for the testing of
these valves. The NRC is incorporating by reference ASME OM Code Case
OMN-28 in Sec. 50.55a(a)(1)(iii) because it is referenced in Sec.
50.55a(b)(3)(xi).
Although the proposed rule did not include this Code Case, the NRC
has determined that the incorporation by reference of this Code Case at
the final rule stage is a logical outgrowth of the proposed rule. The
preamble for the proposed rule stated that the NRC was aware that the
ASME OM Code committees were considering allowing up to 12 years as the
maximum interval for valve position verification testing in a Code
Case, and that if that Code Case was issued prior to publication of the
final rule, the NRC may adopt the 12-year maximum interval specified in
that Code Case (86 FR 16087; 16096). Although the Code Case number was
not yet assigned at the time when the NRC was preparing the proposed
rule, it was issued in March 2021 as OM Code Case OMN-28. Several
public comments were received seeking approval of OM Code Case OMN-28.
There were no comments in opposition to the adoption of such a Code
Case. Therefore, the NRC concludes that it may incorporate by reference
ASME OM Code Case OMN-28. See also Section XV. of this document for
additional discussion on the reasonable availability of this standard
during the comment period.
Section 50.55a(a)(1)(iv), ASME Operation and Maintenance Code
The NRC is amending the regulations in Sec. 50.55a(a)(1)(iv)(B) to
incorporate by reference the 2020 Edition of the ASME OM Code for
nuclear power plants.
The current NRC regulations in Sec. 50.55a(a)(1)(iv)(B)(2)
incorporate by reference the 2011 Addenda of the ASME OM Code into
Sec. 50.55a. The NRC is streamlining Sec. 50.55a wherever possible to
provide clearer IST regulatory requirements for nuclear power plant
licensees and applicants. As part of this effort, the NRC has
determined that the incorporation by reference of the 2011 Addenda of
the ASME OM Code into Sec. 50.55a is not necessary. There are no
licensees or applicants currently implementing the 2011 Addenda of the
ASME OM Code. Further, the NRC regulations would have required updating
licensees or applicants to implement the 2012 Edition of the ASME OM
Code (rather than the 2011 Addenda) because it is a later edition and
was incorporated by reference into Sec. 50.55a on the same date.
Therefore, the NRC is removing the incorporation by reference of the
2011 Addenda of the ASME OM Code from Sec. 50.55a(a)(1)(iv)(B)(2),
which allows the NRC to remove the condition on the use of the 2011
Addenda specified in Sec. 50.55a(b)(3)(xi) as well as the reference to
the 2011 Addenda in Sec. 50.55a(b)(3)(ix). For similar reasons, the
NRC is removing the incorporation by reference of the 2015 Edition of
the ASME OM Code from Sec. 50.55a(a)(1)(iv)(C)(2) because the 2017
Edition of the ASME OM Code was incorporated by reference into Sec.
50.55a on the same date as the 2015 Edition. In the case of both the
2011 Addenda and 2015 Edition, the NRC incorporated these editions of
the Code on the same date as a later Edition, and as a result neither
was ever eligible for use by applicants or updating licensees; if
similar circumstances occur in the future, the NRC will consider
skipping an edition rather than incorporating a revision that would not
be usable for applicants or updating licensees.
Section 50.55a(b)(3) Conditions on ASME OM Code
The NRC is simplifying Sec. 50.55a(b)(3) to be consistent with the
removal of specific editions or addenda from Sec. 50.55a(a)(1)(iv) as
previously mentioned and further discussed in the following.
[[Page 65136]]
Section 50.55a(b)(3)(iii) OM Condition: New Reactors
The NRC is simplifying Sec. 50.55a(b)(3)(iii) by revising the
applicability date to read ``April 17, 2018'' instead of ``the date 12
months after April 17, 2017.'' This editorial correction does not
change the applicability date of the condition.
Section 50.55a(b)(3)(iv) OM Condition: Check Valves (Appendix II)
The NRC is replacing the reference to the 2015 Edition of the ASME
OM Code with the 2012 Edition of the ASME OM Code in this paragraph
because the NRC is amending Sec. 50.55a(a)(1)(iv)(C)(2) to remove the
incorporation by reference of the 2015 Edition of the ASME OM Code. The
2012 Edition becomes the latest edition that this condition applies to
because changes were made to the 2017 and later Editions that allowed
the NRC not to extend the condition to the newer Editions.
Section 50.55a(b)(3)(vii) OM Condition: Subsection ISTB
The NRC is removing this condition on the use of Subsection ISTB,
``Inservice Testing of Pumps in Light-Water Reactor Nuclear Power
Plants--Pre-2000 Plants,'' in the 2011 Addenda of the ASME OM Code from
Sec. 50.55a. The condition is unnecessary because the NRC also is
amending Sec. 50.55a(a)(1)(iv)(B)(2) to remove the incorporation by
reference of the 2011 Addenda of the ASME OM Code. The NRC is reserving
this paragraph for future use.
Section 50.55a(b)(3)(viii) OM Condition: Subsection ISTE
The current NRC regulations in Sec. 50.55a(b)(3)(viii) specify
that licensees may not implement the risk-informed approach for IST of
pumps and valves specified in Subsection ISTE, ``Risk-Informed
Inservice Testing of Components in Light-Water Reactor Nuclear Power
Plants,'' in the ASME OM Code, 2009 Edition through the latest edition
and addenda of the ASME OM Code incorporated by reference in Sec.
50.55a(a)(1)(iv), without first obtaining NRC authorization to use
Subsection ISTE as an alternative to the applicable IST requirements in
the ASME OM Code pursuant to Sec. 50.55a(z). In its review of
Subsection ISTE, ``Risk-Informed Inservice Testing of Components in
Water-Cooled Nuclear Power Plants,'' in the 2020 Edition of the ASME OM
Code, the NRC has found that the ASME revised the subsection to be
acceptable in the 2020 Edition of the ASME OM Code. Therefore, the NRC
is not extending this condition to the 2020 Edition of the ASME OM
Code. The NRC notes that a licensee will be expected to address
performance issues with pumps and valves regardless of the risk ranking
of the pumps and valves during the extent of condition review as part
of the corrective action program to avoid common cause safety concerns
at the applicable nuclear power plant.
Section 50.55a(b)(3)(ix), OM Condition: Subsection ISTF
The NRC is amending the condition on the use of Subsection ISTF in
Sec. 50.55a(b)(3)(ix) by removing the references to the 2011 Addenda
and the 2015 Edition of the ASME OM Code. The references are
unnecessary because the NRC also is amending Sec.
50.55a(a)(1)(iv)(B)(2) to remove the incorporation by reference of the
2011 Addenda and amending Sec. 50.55a(a)(1)(iv)(C)(2) to remove the
incorporation by reference of the 2015 Edition of the ASME OM Code. The
2012 Edition becomes the latest edition that this condition applies to
because changes were made to the 2017 and later Editions that allowed
the NRC not to extend the condition to the newer Editions.
Section 50.55a(b)(3)(xi) OM Condition: Valve Position Indication
The NRC is amending Sec. 50.55a(b)(3)(xi) for the implementation
of paragraph ISTC-3700, ``Position Verification Testing,'' in the ASME
OM Code to clarify the condition by removing the reference to addenda
of the ASME OM Code. ASME stopped publishing addenda after the 2011
Addenda to the 2009 Edition, and the condition applies only to the 2012
or later editions.
In addition, the NRC is amending Sec. 50.55a(b)(3)(xi) to allow
schedule flexibility for valves not susceptible to stem-disk separation
by accepting ASME OM Code Case OMN-28, ``Alternative Valve Position
Verification Approach to Satisfy ISTC-3700 for Valves Not Susceptible
to Stem-Disk Separation,'' directly in Sec. 50.55a(b)(3)(xi). In the
proposed rule, the NRC provided a revision to Sec. 50.55a(b)(3)(xi)
for public comment that would have allowed a 10-year interval (rather
than the 2-year interval specified in ISTC-3700) for valves not
susceptible to separation of the stem-disk connection where
justification is documented and available for NRC review. In the
Federal Register notice of proposed rulemaking, the NRC noted that the
ASME OM Code committees were considering increased schedule flexibility
for valve position verification testing with a 12-year interval as part
of a proposed Code Case. The NRC stated that if that Code Case was
issued before the final rule was published, the NRC may adopt the 12-
year maximum interval in that Code Case. ASME has finalized that draft
Code Case as Code Case OMN-28, which the NRC considers to be consistent
with the intent of the proposed rule. Therefore, the NRC is
incorporating by reference Code Case OMN-28 in this final rule for
efficiency in the regulatory process. In response to a public comment,
the NRC revised Sec. 50.55a(b)(3)(xi) to include a provision
indicating that where plant conditions make it impractical to perform
the initial ISTC-3700 test as supplemented by Sec. 50.55a(b)(3)(xi) by
the date 2 years following the previously performed ISTC-3700 test, a
licensee may justify an extension of this initial supplemental valve
position verification provided the ISTC-3700 test as supplemented by
Sec. 50.55a(b)(3)(xi) is performed at the next available opportunity
and no later than the next plant shutdown. This one-time extension of
the ISTC-3700 test schedule as supplemented by Sec. 50.55a(b)(3)(xi)
is acceptable provided the licensee has available for NRC review
documented justification based on information obtained over the
previous 5 years of the structural integrity of the stem-disk
connection for the applicable valves. The licensee's justification
could be based on, for example, verification of the valve stem-disk
connection through an appropriate weak link analysis, appropriate disk
motion confirmed during diagnostic testing, or allowance and cessation
of flow through the valves. The licensee's justification must provide
reasonable assurance that the remote indicating lights accurately
reveal the position of the valve obturator until the next ISTC-3700
test as supplemented by Sec. 50.55a(b)(3)(xi) is performed.
The NRC provides the following discussion in response to public
comment on the supplemental valve position indication requirement in
Sec. 50.55a(b)(3)(xi). The NRC regulations in Sec. 50.55a(b)(3)(xi)
apply to valves within the scope of ASME OM Code, Subsection ISTC, and
allow the valve position verification methods and frequencies in the
ASME OM Code appendices, such as Appendix III, ``Preservice and
Inservice Testing of Active Electric Motor-Operated Valve Assemblies in
Water-Cooled Reactor Nuclear Power Plants,'' and Appendix IV,
``Preservice and Inservice Testing of Active Pneumatically Operated
Valve Assemblies in Nuclear Reactor Power Plants.'' The condition in
[[Page 65137]]
Sec. 50.55a(b)(3)(xi) applies when the remote position indication test
required by ISTC-3700 is performed (i.e., 2 years from the previous
remote position indication test). The NRC regulations in Sec.
50.55a(b)(3)(xi) emphasize the intent of the valve position
verification requirement in ISTC-3700 to provide assurance that the
remote indicating lights provide accurate indication of the position of
the valve obturator. The supplemental valve position verification
requirement in Sec. 50.55a(b)(3)(xi) is not a separate test from the
valve position verification requirement in ISTC-3700.
The NRC agrees that the statement in ISTC-3700 that the
observations need not be concurrent is confusing, because the purpose
of observing such parameters as flow is to provide reasonable assurance
that the indicating lights are accurately monitoring the valve
obturator position. Therefore, the lights and supplemental observations
need to be monitored together to demonstrate that the lights are
performing properly. Although ISTC-3700 is not clear, this ASME OM Code
paragraph allows flexibility regarding when someone physically is
located at the valve to monitor stem travel and when someone is
monitoring flow at another location. Further, the NRC considers the
discussion of non-concurrent testing in ISTC-3700 to apply to the open
and close function of each valve. For example, licensees might find it
more convenient to verify that the remote indicating light for the open
function is operating properly on a different day than the remote
indicating light for the close function. The ASME OM Code allows non-
concurrent testing for both the open and close function as long as the
2-year test frequency required by IST-3700 is satisfied for each stroke
direction.
Supplemental position verification observations are required to
start during performance of the first remote position indication test
required by ISTC-3700 following licensee implementation of the ASME OM
Code, 2012 Edition through the latest edition of the ASME OM Code
incorporated by reference in Sec. 50.55a(a)(1)(iv). The wording
presented by the NRC staff during the public meeting on June 14, 2021,
that ISTC-3700 requires valve position verification testing every 2
years and the Sec. 50.55a(b)(3)(xi) condition applies when the ISTC-
3700 test is performed (2 years from the previous ISTC-3700 test) does
not reflect a change of the NRC's the intent for the condition. The
condition in Sec. 50.55a(b)(3)(xi) does not modify the schedule for
valve position indication testing either in ISTC-3700 or ASME OM Code,
Appendix III. ASME OM Code, Subsection ISTC, paragraph ISTC-3700,
specifies that position verification testing for motor-operated valves
will follow ASME OM Code, Appendix III. Therefore, the supplemental
position indication testing required by Sec. 50.55a(b)(3)(xi) will
follow the IST intervals specified in ASME OM Code, Appendix III, and
extended IST intervals allowed in ASME OM Code Case OMN-26, ``Alternate
Risk-Informed and Margin Based Rules for Inservice Testing of Motor
Operated Valves,'' where a licensee has authorization to apply that
Code Case.
Section 50.55a(f)(4): Inservice Testing Standards Requirement for
Operating Plants
The NRC is modifying Sec. 50.55a(f)(4) to clarify the relationship
between Sec. 50.55a(f)(4) and (g)(4) regarding the IST or ISI programs
for dynamic restraints (snubbers). In the 2006 Addenda of the BPV Code,
Section XI, ASME moved the requirements for snubbers to Subsection
ISTD, ``Preservice and Inservice Requirements for Dynamic Restraints
(Snubbers) in Water-Cooled Reactor Nuclear Power Plants,'' of the OM
Code. The NRC is including provisions in this paragraph that for
dynamic restraints (snubbers), inservice examination, testing, and
service life monitoring must meet the inservice examination and testing
requirements set forth in the applicable ASME OM Code or ASME BPV Code,
Section XI, as specified in Sec. 50.55a(b)(3)(v)(A) and (B). When
using the 2006 Addenda or later of the ASME BPV Code, Section XI, the
inservice examination, testing, and service life monitoring
requirements for dynamic restraints (snubbers) must meet the
requirements set forth in the applicable ASME OM Code as specified in
Sec. 50.55a(b)(3)(v)(B). When using the 2005 Addenda or earlier
edition or addenda of the ASME BPV Code, Section XI, the inservice
examination, testing, and service life monitoring requirements for
dynamic restraints (snubbers) must meet the requirements set forth in
either the applicable ASME OM Code or ASME BPV Code, Section XI, as
specified in Sec. 50.55a(b)(3)(v). This change to Sec. 50.55a(f)(4),
coupled with the change to Sec. 50.55a(g)(4), clarifies the
applicability of the inservice examination, testing, and service life
monitoring requirements for dynamic restraints (snubbers) with either
the ASME OM Code or ASME BPV Code, Section XI.
In response to public comments on the proposed revision to
paragraph (f)(4), the NRC is revising this paragraph to clarify that an
augmented IST program may be implemented for pumps and valves that are
within the scope of the ASME OM Code but are not ASME BPV Code Class 1,
2, or 3 components. This use of an augmented IST program is acceptable
without prior NRC approval (i.e., without relief under Sec.
50.55a(f)(5) or an alternative under Sec. 50.55a(z)), provided the
basis for deviations from the ASME OM Code, as incorporated by
reference in Sec. 50.55a, demonstrates an acceptable level of quality
and safety, or that implementing the Code provisions would result in
hardship or unusual difficulty without a compensating increase in the
level of quality and safety, where documented and available for NRC
review.
Section 50.55a(f)(7), Inservice Testing Reporting Requirements
The NRC is adding Sec. 50.55a(f)(7) to require nuclear power plant
applicants and licensees to submit their IST Plans related to pumps and
valves, and IST Plans related to snubber examination and testing to the
NRC.
The ASME OM Code editions prior to the 2020 Edition state in
paragraph (a) of ISTA-3200, ``Administrative Requirements,'' that ``IST
Plans shall be filed with the regulatory authorities having
jurisdiction at the plant site.'' However, ASME has removed this
provision from the 2020 Edition of the ASME OM Code, asserting this
provision is more appropriate as a regulatory requirement rather than a
Code requirement. The NRC needs these IST Plans for use in evaluating
relief and alternative requests and to review deferral of quarterly
testing to cold shutdowns and refueling outages. Therefore, the
condition retains a requirement from previous editions of the ASME OM
Code. In response to public comments, this final rule does not include
the proposed requirement to submit interim IST Program Plans together
with final safety analysis report updates. As noted in public comments,
the NRC can request a licensee to submit an updated IST Program Plan if
needed for the evaluation of relief or alternative requests submitted
by a licensee.
Section 50.55a(g)(4), Inservice Inspection Standards Requirement for
Operating Plants
The NRC is modifying Sec. 50.55a(g)(4) to parallel proposed
revisions to Sec. 50.55a(f)(4) to clarify the relationship between
Sec. 50.55a(f)(4) and (g)(4) regarding the IST and ISI programs for
dynamic restraints (snubbers). This change to Sec. 50.55a(g)(4),
coupled with the change to Sec. 50.55a(f)(4), clarifies the
applicability of the inservice
[[Page 65138]]
examination, testing, and service life monitoring requirements for
dynamic restraints (snubbers) with either the ASME OM Code or ASME BPV
Code, Section XI.
III. Opportunities for Public Participation
The proposed rule was published on March 26, 2021, for a 60-day
comment period (86 FR 16087). The public comment period closed on May
25, 2021.
During the public comment period, the NRC held a public meeting on
May 6, 2021, to discuss the proposed rule, to answer questions on
specific provisions of the proposed rule, and to encourage public input
on the proposed rule. The public meeting summary is available in ADAMS
as provided in the ``Availability of Documents'' section of this
document.
IV. NRC Responses to Public Comments
The NRC received eight letters and emails in response to the
opportunity for public comment on the proposed rule. These comment
submissions were submitted by the following commenters (listed in order
of receipt):
1. Dominion Energy
2. Inservice Testing Owners Group
3. Private citizen, Terence Chan
4. Nuclear Energy Institute
5. American Society of Mechanical Engineers
6. Exelon Generation Company, LLC
7. Electric Power Research Institute
8. Tennessee Valley Authority
In general, the comments:
Suggested revising or rewording conditions to make them
clearer.
Opposed proposed conditions.
Supplied additional information for NRC's consideration.
Supported the proposed changes to revise or remove
conditions.
Proposed removal of several conditions.
Due to the large number of comments received and the length of the
NRC's response, a summary of the NRC's response to comments in areas of
particular interest to stakeholders is included in this final rule.
Special attention has been made to discuss comments that prompted the
NRC to make more than editorial changes in this final rule from what
the NRC had proposed. As such, comments on ASME BPV Code, Section III
are not discussed since no changes were made in response to public
comments. The public comment submittals are available from the Federal
e-Rulemaking website at https://www.regulations.gov under Docket ID
NRC-2018-0290. A discussion of all comments and complete NRC responses
are presented in a separate document, ``NRC Responses to Public
Comments: Final Rule: American Society of Mechanical Engineers 2019-
2020 Code Editions,'' as provided in the ``Availability of Documents''
section of this document.
A. ASME BPV Code, Section XI
10 CFR 50.55a(b)(2)(xxv), Mitigation of Defects by Modification
One commenter recommended that the reexamination required by Sec.
50.55a(b)(2)(xxv)(B)(3) be changed from ``once per interval'' to ``once
every ten years'' to clarify that the reexamination need not be
performed in the current inspection interval if less than 10 years
remain in that inspection interval. Another commenter suggested that
Sec. 50.55a(b)(2)(xxv)(B)(3)(ii) should be revised for clarity and
provided recommended text. The NRC agrees with the comments but made
further revisions to the suggested clarifications to afford licensees
additional flexibility. The NRC has revised Sec. 50.55a(b)(2)(B)(3) to
reflect these changes.
10 CFR 50.55a(b)(2)(xxvi), Pressure Testing Class 1, 2, and 3
Mechanical Joints
One commenter was concerned that the proposed rule language in
Sec. 50.55a(b)(2)(xxvi) contained requirements that were more specific
than those utilized in licensees' existing non-Code leak test
procedures and for which the technical basis for such differentiation
is unclear. The commenter suggested that the condition be deleted or
replaced with an alternative language. The NRC disagrees with the
commenter's suggestion to delete the condition but agrees with the
commenter's recommendation to clarify the rule language. In response to
this comment, the NRC revised Sec. 50.55a(b)(2)(xxvi).
10 CFR 50.55a(b)(2)(xl), Prohibitions and Restrictions on Use of IWB-
3510.4(b), IWC-3510.5(b), Table A-4200-1, and Table G-2110-1
A commenter did not support the restriction on the use of IWB-
3510.4(b)(5) and IWC-3510.5(b)(5) for SA-508 Class 1 material, and
recommended that this condition be revised in the final rule to not to
apply to SA-508 Class 1 material. Further, the commenter stated that
the prohibition or restriction on SA-533 Type B Class 2 material is
unnecessary and recommended that the condition be deleted. The NRC
agrees that the prohibition or restriction on the use of SA-508 Class 1
and SA-533 Type B Class 2 material can be removed. As a result of this
comment, the proposed condition is not included in this final rule.
B. ASME OM Code
10 CFR 50.55a(b)(3)(xi), Valve Position Indication
One comment asserted that establishing a requirement to verify
obturator position on every valve in the IST program with remote
position indication could place a significant burden on the licensee to
develop new test methods and procedures for valves that do not have
supplemental means available, such as a flow or pressure indication.
The comment further recommended that the condition be revised to
provide greater flexibility to licensees and allow for the supplemental
position obturator verification to be credited by existing performance-
based test methods and frequencies such as appendix J to 10 CFR part
50, Code Cases OMN-23 and OMN-27, and performance-based testing in
Mandatory Appendices II, III, and IV. One comment recommended that the
condition be deleted because the condition represents a significant
burden for licensees to implement, or alternatively revised to clarify
the starting point for the condition or the timeframe when the
implementation must be completed. Another comment suggested a complete
revision to Sec. 50.55a(b)(3)(xi) that went beyond the changes in the
proposed rule. Several comments recommended directly accepting ASME
Code Case OMN-28 in Sec. 50.55a(b)(3)(xi). No comments opposed the
adoption of a Code Case such as OMN-28.
The NRC partially agrees and partially disagrees with these
comments. The NRC disagrees that the condition should be revised to
include a general reference to performance-based verification methods,
with the intent to allow various methods for leakage testing intervals
in appendix J to 10 CFR part 50 and other performance-based test
methods and frequencies in the ASME OM Code and various Code Cases. The
NRC notes that the appendix J to 10 CFR part 50 test program may be
referenced in an alternative request in describing the proposed
alternative schedule for valve position verification. However, appendix
J to 10 CFR part 50 addresses, in part, containment valve leakage, and
does not provide justification for verifying the valve position
indicating lights. Therefore, an alternative request in accordance with
Sec. 50.55a(z) must be submitted if the appendix J to 10 CFR part 50
test program is proposed as part
[[Page 65139]]
of an alternative to ISTC-3700 as supplemented by Sec.
50.55a(b)(3)(xi).
In response to comments recommending that Sec. 50.55a(b)(3)(xi) be
deleted, the NRC disagrees with these comments because the condition is
necessary to ensure that licensees implement the provisions of the ASME
OM Code, Subsection ISTC, paragraph ISTC-3700, to verify that valve
obturator position is accurately indicated. The NRC disagrees that
Sec. 50.55a(b)(3)(xi) should be revised to clarify the start date for
the condition because the start date was previously discussed in the
final rule that incorporated by reference the 2012 Edition of the ASME
OM Code (82 FR 32934). The NRC agrees that the condition should be
revised to include a direct reference to ASME OM Code Case OMN-28,
which would allow licensees to extend the 2-year interval for valve
position indication testing specified in Subsection ISTC, paragraph
ISTC-3700, to 12 years for valves with a stem-disk connection that is
not susceptible to separation.
As a result of these comments, the NRC replaced the proposed
provision allowing a 10-year interval for valve position indication
testing for valves that have a stem-disk connection that is not
susceptible to separation with a direct reference to the recently
issued ASME Code Case OMN-28 in this final rule.
The NRC agrees with a public comment to include a provision for a
one-time extension and revised 10 CFR 50.55a(b)(3)(xi) in response.
More detail is provided in this document in the ``Availability of
Documents'' section under the heading ``Section 50.55a(b)(3)(xi) OM
Condition: Valve Position Indication.''
10 CFR 50.55a(f)(4), Inservice Testing Standards Requirement for
Operating Plants
Several commenters were concerned that the proposed removal of the
phrase ``without requesting relief under paragraph (f)(5) of this
section or alternatives under paragraph (z) of this section'' caused
confusion. The commenters indicated that the language is necessary to
clarify that formal submittals of request for relief or alternatives
are not required for augmented IST program related components. The NRC
agrees with these comments that the removal of the phrase ``without
requesting relief under paragraph (f)(5) of this section or
alternatives under paragraph (z) of this section'' from the current
language of Sec. 50.55a(f)(4) as proposed has caused confusion. The
NRC's proposed revision to Sec. 50.55a(f)(4) was intended only to
clarify the transition from the ASME BPV Code, Section XI, to the ASME
OM Code for the IST requirements for dynamic restraints as licensees
update their IST Programs to the more recent editions of the ASME OM
Code. There was no intent to require submittal of requests for non-Code
Class components when using augmented testing provisions. The phrase
``without requesting relief under paragraph (f)(5) of this section or
alternatives under paragraph (z) of this section'' was determined to be
unnecessary during a final review of the proposed rule language because
this aspect is understood. In response to public comments, the NRC has
revised this paragraph to clarify that an augmented IST program may be
implemented for pumps and valves that are within the scope of the ASME
OM Code but are not ASME BPV Code Class 1, 2, or 3 components. This use
of an augmented IST program is acceptable without prior NRC approval
(i.e., without relief under Sec. 50.55a(f)(5) or an alternative under
Sec. 50.55a(z)) provided the basis for deviations from the ASME OM
Code, as incorporated by reference in Sec. 50.55a, demonstrates an
acceptable level of quality and safety, or that implementing the Code
provisions would result in hardship or unusual difficulty without a
compensating increase in the level of quality and safety, where
documented and available for NRC review.
10 CFR 50.55a(f)(7), Inservice Testing Reporting Requirements
Several commenters were concerned that the proposed wording in
Sec. 50.55a(f)(7) would expand the requirement for licensees to submit
their IST Plans and interim IST Plan updates related to pumps and
valves, and IST Plans and interim IST Plan updates related to snubber
examination and testing to the NRC when the final safety analysis
report is updated. The commenters indicated that this requirement would
increase the frequency of the IST program plan submittals and would be
unnecessary and overly burdensome. The NRC agrees that submittal of
interim IST Program Plans by licensees is not necessary because, as
indicated by public comments, the NRC can request that licensees
provide the updated IST Program Plan if needed to evaluate a relief or
alternative request. Therefore, the NRC revised Sec. 50.55a(f)(7) to
reflect this change.
V. Section-by-Section Analysis
This section describes the primary revisions made by this final
rule; minor editorial and administrative corrections to correct
spacing, administrative errors, and typos are not identified in this
analysis.
Paragraph (a)(1)(i)(E)
This final rule revises paragraphs (a)(1)(i)(E)(18) and (19) and
adds new paragraph (a)(1)(i)(E)(20) to include the 2019 Edition of the
ASME BPV Code.
Paragraph (a)(1)(ii)(A)
This final rule removes and reserves paragraph (a)(1)(ii)(A).
Paragraph (a)(1)(ii)(B)
This final rule revises paragraph (a)(1)(ii)(B) and removes
paragraphs (a)(1)(ii)(B)(5) through (7).
Paragraph (a)(1)(ii)(C)
This final rule removes and reserves paragraphs (a)(1)(ii)(C)(1)
through (32) and paragraphs (a)(1)(ii)(C)(37) through (40), revises
paragraphs (a)(1)(ii)(C)(54) and (55), and adds new paragraph
(a)(1)(ii)(C)(56) to include the 2019 Edition of the ASME BPV Code.
Paragraph (a)(1)(iii)
This final rule adds new paragraph (a)(1)(iii)(H) to include ASME
OM Code Case OMN-28.
Paragraph (a)(1)(iv)
This final rule revises paragraph (a)(1)(iv)(B)(1) and removes and
reserves paragraph (a)(1)(iv)(B)(2) and it revises paragraphs
(a)(1)(iv)(C)(2) and (3) to replace the 2015 Edition with the 2017
Edition and the 2017 Edition with the 2020 Edition of the ASME OM Code,
respectively.
Paragraph (a)(1)(v)(B)
This final rule revises paragraphs (a)(1)(v)(B)(2) and (3) and adds
new paragraphs (a)(1)(v)(B)(4) through (6) to include the 2011 addenda,
and the 2012 and the 2015 Editions of the ASME NQA-1 Code.
Paragraph (b)(1)
This final rule revises paragraphs (b)(1) introductory text and
(b)(1)(ii), (iii), and (iv) to retain the applicability to users of the
latest edition incorporated by reference in paragraph (a)(1)(i). It
also revises paragraph (b)(1)(iv) to include the use of the 2015
Edition of NQA-1 and paragraph (b)(1)(x) introductory text and
paragraphs (b)(1)(x)(A) and (B) to add ``through the latest edition and
addenda incorporated by reference in paragraph (a)(1)(i).'' New
paragraph (b)(1)(xiii) introductory text and paragraphs (b)(1)(xiii)(A)
and (B) which apply to preservice inspection of steam generator tubes
are also added.
[[Page 65140]]
Paragraph (b)(2)
This final rule revises paragraph (b)(2) introductory text to
retain the applicability to users of the latest edition incorporated by
reference in paragraph (a)(1)(ii).
Paragraph (b)(2)(viii)
This final rule removes and reserves paragraphs (b)(2)(viii)(A)
through (D).
Paragraph (b)(2)(ix)
This final rule revises paragraph (b)(2)(ix) to remove references
to Section XI editions and addenda prior to the 2001 Edition and to
retain the applicability to users of the latest edition incorporated by
reference in paragraph (a)(1)(ii). This final rule also revises
paragraph (b)(2)(ix)(B) to remove references to Section XI editions and
addenda prior to the 2001 Edition. This final rule also removes and
reserves paragraphs (b)(2)(ix)(C) through (E).
Paragraph (b)(2)(x)
This final rule revises paragraph (b)(2)(x) to include the use of
NQA-1b-2011 Addenda to NQA-1-2008 Edition, and the 2012 and the 2015
Editions of NQA-1. This final rule also removes the reference to IWA-
1400.
Paragraph (b)(2)(xii)
This final rule revises paragraph (b)(2)(xii) to replace the
reference to Section XI, 1997 Addenda with the reference to Section XI,
2001 Edition.
Paragraph (b)(2)(xiv)
This final rule revises paragraph (b)(2)(xiv) to replace the
reference to the 1999 Addenda with the reference to the 2001 Edition.
Paragraph (b)(2)(xv)
This final rule revises paragraph (b)(2)(xv) to remove the phrase
``the 1995 Edition through.''
Paragraph (b)(2)(xviii)
This final rule revises paragraph (b)(2)(xviii) to remove
references to Section XI editions and addenda prior to the 2001 Edition
and to retain the applicability to users of the latest edition
incorporated by reference in paragraph (a)(1)(ii). This final rule also
revises paragraph (b)(2)(xviii)(D) to add an option to allow the
requirement in the 2019 Edition, Appendix VII, Table VII-4110-1 as an
alternative to Table VII-4110-1 and Appendix VIII, Subarticle VIII-
2200.
Paragraph (b)(2)(xix)
This final rule revises paragraph (b)(2)(xix) to remove references
to Section XI editions and addenda prior to the 2001 Edition.
Paragraph (b)(2)(xx)
This final rule revises paragraph (b)(2)(xx)(A) to replace the
reference to the 1997 Addenda with the reference to the 2001 Edition.
This final rule also revises paragraph (b)(2)(xx)(C) to retain the
applicability to users of the latest edition incorporated by reference
in paragraph (a)(1)(ii) and to remove reference to IWB-5210(c).
Paragraph (b)(2)(xxi)
This final rule revises paragraph (b)(2)(xxi)(B) to retain the
applicability to users of the latest edition incorporated by reference
in paragraph (a)(1)(ii).
Paragraph (b)(2)(xxv)
This final rule revises paragraph (b)(2)(xxv) introductory text and
revises paragraph (b)(2)(xxv)(B) to extend the applicability to users
of the latest edition incorporated by reference in paragraph
(a)(1)(ii). This final rule also revises paragraph (b)(2)(xxv)(B)(2) to
provide an alternative by allowing loss of material rates to be
measured at an alternative location with similar corrosion conditions,
similar flow characteristics, and the same piping configuration. This
final rule also revises paragraph (b)(2)(xxv)(B)(3) to delete the
refueling outage interval examination requirement and only require the
examination to occur at half the modification's expected life or, if
the modification has an expected life greater than 19 years, once per
interval. This final rule also revises paragraph (b)(2)(xxv)(B)(3)(i)
to make editorial changes and revises paragraph (b)(2)(xxv)(B)(3)(ii)
to include a provision that would allow an extension of the required
inspection if the modification location is recoated prior to backfill.
Paragraph (b)(2)(xxvi)
This final rule revises paragraph (b)(2)(xxvi) to remove the
requirements for pressure testing in accordance with IWA-5211(a) and
NDE examination. This final rule also revises paragraph (b)(2)(xxvi) to
add a requirement for the owner to perform the leak check to the
standards of their appendix B to 10 CFR part 50 quality assurance
program to demonstrate the joint's leak tightness.
Paragraph (b)(2)(xxix)
This final rule revises paragraph (b)(2)(xxix) to add paragraphs
(b)(2)(xxix)(A), (B), and (C) to allow the use of Supplement 2 of
Nonmandatory Appendix R of Section XI in the 2017 and 2019 Editions
without submittal of an alternative in accordance with Sec. 50.55a(z).
Paragraph (b)(2)(xxxii)
This final rule revises the reporting requirements in paragraph
(b)(2)(xxxii) to extend the timeframe for submittal of Summary Reports
or Owner Activity Reports to 120 days.
Paragraph (b)(2)(xxxvi)
This final rule revises paragraph (b)(2)(xxxvi) to retain
applicability to users of the latest edition incorporated by reference
in paragraph (a)(1)(ii).
Paragraph (b)(2)(xxxix)
This final rule revises paragraph (b)(2)(xxxix) to retain
applicability to users of the latest edition incorporated by reference
in paragraph (a)(1)(ii).
Paragraph (b)(2)(xl)
This final rule removes and reserves paragraph (b)(2)(xl).
Paragraph (b)(2)(xliii)
This final rule adds new paragraph (b)(2)(xliii) to require
submission of certain analyses to the NRC for review.
Paragraph (b)(3)
This final rule revises paragraph (b)(3) to remove references to
specific editions or addenda and to extend the applicability to users
of the latest edition incorporated by reference in paragraph
(a)(1)(iv).
Paragraph (b)(3)(iii)
This final rule revises paragraph (b)(3)(iii) for clarity of the
date of application of this condition.
Paragraph (b)(3)(iv)
This final rule revises paragraph (b)(3)(iv) to update the
conditions for use of Appendix II of the ASME OM Code, 2003 Addenda
through the 2012 Edition and revises the paragraph for clarity.
Paragraph (b)(3)(vii)
This final rule removes and reserves paragraph (b)(3)(vii).
Paragraph (b)(3)(viii)
This final rule revises paragraph (b)(3)(viii) to prevent it from
applying to editions later than the 2017 Edition of the ASME OM Code.
Paragraph (b)(3)(ix)
This final rule revises paragraph (b)(3)(ix) to remove the
reference to Subsection ISTF of the 2011 Addenda and 2015 Edition.
[[Page 65141]]
Paragraph (b)(3)(xi)
This final rule revises paragraph (b)(3)(xi) to remove reference to
ASME OM Code addenda, revises the paragraph for clarity, and to allow
increased flexibility in the schedule for position verification testing
of valves not susceptible to stem-disk separation as specified in ASME
OM Code Case OMN-28. The final rule also allows schedule flexibility
for the initial ASME OM Code, Subsection ISTC, paragraph ISTC-3700
testing as supplemented by paragraph (b)(3)(xi) by the date 2 years
after the previous ISTC-3700 test where plant conditions make such
testing impractical.
Paragraph (f)(4)
This final rule revises paragraph (f)(4) to clarify the
relationship between paragraphs (f)(4) and (g)(4) regarding the IST and
ISI programs for dynamic restraints. The final rule clarifies that
prior NRC approval is not required to implement the augmented IST
program activities for pumps and valves within the scope of the ASME OM
Code, but are not ASME BPV Code Class 1, 2, or 3 components, where
justification is available for NRC review.
Paragraph (f)(7)
This final rule adds new paragraph (f)(7) to include the
requirements for IST Program Plans at the outset of the 10-year IST
Program interval.
Paragraph (g)(4)
This final rule revises paragraph (g)(4) to clarify the
relationship between paragraphs (f)(4) and (g)(4) regarding the IST and
ISI programs for dynamic restraints.
VI. Generic Aging Lessons Learned Report
Background
In December 2010, the NRC issued ``Generic Aging Lessons Learned
(GALL) Report,'' NUREG-1801, Revision 2, for applicants to use in
preparing license renewal applications. The GALL Report provides aging
management programs (AMPs) that the NRC has concluded are sufficient
for aging management in accordance with the license renewal rule, as
required in Sec. 54.21(a)(3). In addition, ``Standard Review Plan for
Review of License Renewal Applications for Nuclear Power Plants,''
NUREG-1800, Revision 2, was issued in December 2010, to ensure the
quality and uniformity of NRC reviews of license renewal applications
and to present a well-defined basis on which the NRC evaluates the
applicant's AMPs and activities. In April 2011, the NRC also issued
``Disposition of Public Comments and Technical Bases for Changes in the
License Renewal Guidance Documents NUREG-1801 and NUREG-1800,'' NUREG-
1950, which describes the technical bases for the changes in Revision 2
of the GALL Report and Revision 2 of the standard review plan (SRP) for
review of license renewal applications.
Revision 2 of the GALL Report, in Sections XI.M1, XI.S1, XI.S2,
XI.M3, XI.M5, XI.M6, XI.M11B, and XI.S3, describes the evaluation and
technical bases for determining the sufficiency of ASME BPV Code
Subsections IWB, IWC, IWD, IWE, IWF, or IWL for managing aging during
the period of extended operation (i.e., up to 60 years of operation).
In addition, many other AMPs in the GALL Report rely, in part but to a
lesser degree, on the requirements specified in the ASME BPV Code,
Section XI. Revision 2 of the GALL Report also states that the 1995
Edition through the 2004 Edition of the ASME BPV Code, Section XI,
Subsections IWB, IWC, IWD, IWE, IWF, or IWL, as modified and limited by
Sec. 50.55a, were found to be acceptable editions and addenda for
complying with the requirements of Sec. 54.21(a)(3), unless
specifically noted in certain sections of the GALL Report. The GALL
Report further states that future Federal Register documents that amend
Sec. 50.55a will discuss the acceptability of editions and addenda
more recent than the 2004 Edition for their applicability to license
renewal. In a final rule issued on June 21, 2011 (76 FR 36232),
subsequent to Revision 2 of the GALL Report, the NRC also found that
the 2004 Edition with the 2005 Addenda through the 2007 Edition with
the 2008 Addenda of Section XI of the ASME BPV Code, Subsections IWB,
IWC, IWD, IWE, IWF, or IWL, as subject to the conditions in Sec.
50.55a, are acceptable for the AMPs in the GALL Report and the
conclusions of the GALL Report remain valid with the augmentations
specifically noted in the GALL Report. In a final rule issued on July
18, 2017 (82 FR 32934), the NRC further finds that the 2009 Addenda
through the 2013 Edition of Section XI of the ASME BPV Code,
Subsections IWB, IWC, IWD, IWE, IWF, or IWL, as subject to the
conditions in Sec. 50.55a, will be acceptable for the AMPs in the GALL
Report. Also, in a final rule issued on May 4, 2020 (85 FR 26540), the
NRC further finds that Subsections IWB, IWC, IWD, IWE, IWF, or IWL of
Section XI of the 2015 Edition and the 2017 Edition of the ASME BPV
Code, as subject to the conditions in Sec. 50.55a, will be acceptable
for the AMPs in the GALL Report.
In July 2017, the NRC issued ``Generic Aging Lessons Learned for
Subsequent License Renewal (GALL-SLR) Report,'' NUREG-2191, for
applicants to use in preparing applications for subsequent license
renewal. The GALL-SLR Report provides AMPs that are sufficient for
aging management for the subsequent period of extended operation (i.e.,
up to 80 years of operation), as required in Sec. 54.21(a)(3). The NRC
also issued ``Standard Review Plan for Review of Subsequent License
Renewal Applications for Nuclear Power Plants'' (SRP-SLR), NUREG-2192
in July 2017. In a similar manner as the GALL Report does, the GALL-SLR
Report, in Sections XI.M1, XI.S1, XI.S2, XI.M3, XI.11B, and XI.S3,
describes the evaluation and technical bases for determining the
sufficiency of ASME BPV Code Subsections IWB, IWC, IWD, IWE, IWF, or
IWL for managing aging during the subsequent period of extended
operation. Many other AMPs in the GALL-SLR Report rely, in part but to
a lesser degree, on the requirements specified in the ASME BPV Code,
Section XI. The GALL-SLR Report also indicates that the 1995 Edition
through the 2013 Edition of the ASME BPV Code, Section XI, Subsections
IWB, IWC, IWD, IWE, IWF, or IWL, as subject to the conditions in Sec.
50.55a, are acceptable for complying with the requirements of Sec.
54.21(a)(3), unless specifically noted in certain sections of the GALL-
SLR Report.
Evaluation With Respect to Aging Management
As part of this final rule, the NRC evaluated whether those AMPs in
the GALL Report and GALL-SLR Report that rely upon Subsections IWB,
IWC, IWD, IWE, IWF, or IWL of Section XI in the editions and addenda of
the ASME BPV Code incorporated by reference into Sec. 50.55a, in
general continue to be acceptable if the AMP relies upon these
Subsections in the 2019 Edition. The NRC finds that the 2019 Edition of
Section XI of the ASME BPV Code, Subsections IWB, IWC, IWD, IWE, IWF,
or IWL, as subject to the conditions of this rule, are acceptable for
the AMPs in the GALL Report and GALL-SLR Report with the exception of
augmentation, as specifically noted in those reports, and the NRC finds
that the conclusions of the GALL Report and GALL-SLR Report remain
valid. Accordingly, an applicant for license renewal (including
subsequent license renewal) may use, in its plant-specific license
renewal application, Subsections IWB, IWC, IWD, IWE, IWF, or IWL of
Section XI of
[[Page 65142]]
the 2019 Edition of the ASME BPV Code, as subject to the conditions in
this final rule, without additional justification. Similarly, a
licensee approved for license renewal that relied on the AMPs may use
Subsections IWB, IWC, IWD, IWE, IWF, or IWL of Section XI of the 2019
Edition of the ASME BPV Code. However, applicants must assess and
follow applicable NRC requirements with regard to licensing basis
changes and evaluate the possible impact on the elements of existing
AMPs.
Some of the AMPs in the GALL Report and GALL-SLR Report recommend
augmentation of certain Code requirements in order to ensure adequate
aging management for license renewal. The technical and regulatory
aspects of the AMPs for which augmentations are recommended also apply
if the 2019 Edition of Section XI of the ASME BPV Code is used to meet
the requirements of Sec. 54.21(a)(3). The NRC evaluated the changes in
the 2019 Edition of Section XI of the ASME BPV Code to determine if the
augmentations described in the GALL Report and GALL-SLR Report remain
necessary; the NRC's evaluation has concluded that the augmentations
described in the GALL and GALL-SLR Reports are necessary to ensure
adequate aging management.
For example, GALL-SLR Report AMP XI.S3, ``ASME Section XI,
Subsection IWF,'' recommends that volumetric examination consistent
with that of the ASME BPV Code, Section XI, Table IWB-2500-1,
Examination Category B-G-1 should be performed to detect cracking for
high strength structural bolting (actual measured yield strength
greater than or equal to 150 ksi in sizes greater than 1-inch nominal
diameter). The GALL-SLR Report also indicates that this volumetric
examination may be waived with adequate plant-specific justification.
This guidance for aging management in the GALL-SLR Report is the
augmentation of the visual examination specified in Subsection IWF of
the 2019 Edition of the ASME BPV Code, Section XI.
A license renewal applicant may either augment its AMPs as
described in the GALL Report and GALL-SLR Report (for operation up to
60 and 80 years respectively), or propose alternatives for the NRC to
review as part of the applicant's plant-specific justification for its
AMPs.
VII. Regulatory Flexibility Certification
Under the Regulatory Flexibility Act (5 U.S.C. 605(b)), the NRC
certifies that this rule does not have a significant economic impact on
a substantial number of small entities. This 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 (10 CFR 2.810).
VIII. Regulatory Analysis
The NRC has prepared a final regulatory analysis on this
regulation. The analysis examines the costs and benefits of the
alternatives considered by the NRC. The regulatory analysis is
available as indicated in the ``Availability of Documents'' section of
this document.
IX. Backfitting and Issue Finality
Introduction
The NRC's Backfit Rule in Sec. 50.109 states that the NRC shall
require the backfitting of a facility only when it finds the action to
be justified under specific standards stated in the rule. Section
50.109(a)(1) defines backfitting as the modification of or addition to
systems, structures, components, or design of a facility; the design
approval or manufacturing license for a facility; or the procedures or
organization required to design, construct, or operate a facility. Any
of these modifications or additions may result from a new or amended
provision in the NRC's rules or the imposition of a regulatory position
interpreting the NRC's rules that is either new or different from a
previously applicable NRC position after issuance of the construction
permit or the operating license or the design approval.
Section 50.55a requires nuclear power plant licensees to:
Construct ASME BPV Code Class 1, 2, and 3 components in
accordance with the rules provided in Section III, Division 1, of the
ASME BPV Code (``Section III'').
Inspect, examine, and repair or replace Class 1, 2, 3,
Class MC, and Class CC components in accordance with the rules provided
in Section XI, Division 1, of the ASME BPV Code (``Section XI'').
Test Class 1, 2, and 3 pumps and valves in accordance with
the rules provided in the ASME OM Code.
Inspect, examine, repair or replace, and test Class 1, 2,
and 3 dynamic restraints (snubbers) in accordance with the rules
provided in either the ASME OM Code or Section XI, depending on the
Code Edition.
This final rule incorporates by reference the 2019 Edition to the
ASME BPV Code, Section III, Division 1 and ASME BPV Code, Section XI,
Division 1, as well as the 2020 Edition to the ASME OM Code.
The ASME BPV and OM Codes are national consensus standards
developed by participants with broad and varied interests, in which all
interested parties (including the NRC and utilities) participate. A
consensus process involving a wide range of stakeholders is consistent
with the NTTAA, inasmuch as the NRC has determined that there are sound
regulatory reasons for establishing regulatory requirements for design,
maintenance, ISI, and IST by rulemaking. The process also facilitates
early stakeholder consideration of backfitting issues. Thus, the NRC
finds that the NRC need not address backfitting with respect to the
NRC's general practice of incorporating by reference updated ASME
Codes.
This final rule also incorporates by reference Code Case OMN-28,
the 2011 Addenda to ASME NQA-1-2008, and the 2012 and 2015 Editions of
ASME NQA-1. However, each of these are voluntary alternatives to
provisions of the ASME Codes, and their incorporation by reference does
not constitute backfitting, because there is no imposition of a new
requirement or new position. Similarly, voluntary application of OMN-
28, the 2011 Addenda to ASME NQA-1-2008, or the 2012 and 2015 Editions
of ASME NQA-1 by a 10 CFR part 52 applicant or licensee does not
represent NRC imposition of a requirement or action, and therefore is
not inconsistent with any issue finality provision in 10 CFR part 52.
Overall Backfitting Considerations: Section III of the ASME BPV Code
Incorporation by reference of more recent editions and addenda of
Section III of the ASME BPV Code does not affect a plant that has
received a construction permit or an operating license or a design that
has been approved. This is because the edition and addenda to be used
in constructing a plant are, under Sec. 50.55a, determined based on
the date of the construction permit or combined license, and are not
changed thereafter, except voluntarily by the licensee. The
incorporation by reference of more recent editions and addenda of
Section III ordinarily applies only to applicants after the effective
date of the final rule incorporating these new editions and addenda.
Thus, incorporation by reference of a more recent edition and addenda
of Section III does not constitute ``backfitting'' as defined in Sec.
50.109(a)(1).
[[Page 65143]]
Overall Backfitting Considerations: Section XI of the ASME BPV Code and
the ASME OM Code
Incorporation by reference of more recent editions and addenda of
Section XI of the ASME BPV Code and the ASME OM Code affects the ISI
and IST programs of operating reactors. However, the Backfit Rule
generally does not apply to incorporation by reference of later
editions and addenda of the ASME BPV Code (Section XI) and OM Code. As
previously mentioned, the NRC's longstanding regulatory practice has
been to incorporate later versions of the ASME Codes into Sec. 50.55a.
Under Sec. 50.55a, licensees must revise their ISI and IST programs
every 120 months to the latest edition and addenda of Section XI of the
ASME BPV Code and the ASME OM Code incorporated by reference into Sec.
50.55a 18 months before the start of a new 120-month ISI and IST
interval. Thus, when the NRC approves and requires the use of a later
version of the Code for ISI and IST, it is implementing this
longstanding regulatory practice and requirement. In this final rule,
the NRC's elimination of some Section XI editions and addenda from the
regulations does not constitute a backfit because the editions and
addenda of codes being removed are no longer in use or available for
use by licensees.
Other circumstances where the NRC does not apply the Backfit Rule
to the approval and requirement to use later Code editions and addenda
are as follows:
1. When the NRC takes exception to a later ASME BPV Code or OM Code
provision but merely retains the current existing requirement,
prohibits the use of the later Code provision, limits the use of the
later Code provision, or supplements the provisions in a later Code,
the Backfit Rule does not apply because the NRC is not imposing new
requirements. However, the NRC explains any such exceptions to the Code
in the preamble to and regulatory analysis for the rule.
2. When an NRC exception relaxes an existing ASME BPV Code or OM
Code provision but does not prohibit a licensee from using the existing
Code provision, the Backfit Rule does not apply because the NRC is not
imposing new requirements.
3. Modifications and limitations imposed during previous routine
updates of Sec. 50.55a have established a precedent for determining
which modifications or limitations are backfits, or require a backfit
analysis (e.g., final rule dated September 10, 2008 (73 FR 52731), and
a correction dated October 2, 2008 (73 FR 57235)). The application of
the backfit requirements to modifications and limitations in the
current rule are consistent with the application of backfit
requirements to modifications and limitations in previous rules.
The incorporation by reference and adoption of a requirement
mandating the use of a later ASME BPV Code or OM Code may constitute
backfitting in some circumstances. In these cases, the NRC would
perform a backfit analysis or prepare documented evaluation in
accordance with Sec. 50.109. These include the following:
1. When the NRC endorses a later provision of the ASME BPV Code or
OM Code that takes a substantially different direction from the
existing requirements, the action is treated as a backfit (e.g., 61 FR
41303; August 8, 1996).
2. When the NRC requires implementation of a later ASME BPV Code or
OM Code provision on an expedited basis, the action is treated as a
backfit. This applies when implementation is required sooner than it
would be required if the NRC simply endorsed the Code without any
expedited language (e.g., 64 FR 51370; September 22, 1999).
3. When the NRC takes an exception to an ASME BPV Code or OM Code
provision and imposes a requirement that is substantially different
from the existing requirement as well as substantially different from
the later Code (e.g., 67 FR 60529; September 26, 2002).
Detailed Backfitting Discussion: Changes Beyond Those Necessary To
Incorporate by Reference the New ASME BPV and OM Code Provisions
This section discusses the backfitting considerations for all the
changes to Sec. 50.55a that go beyond the minimum changes necessary
and required to adopt the new ASME Code Addenda into Sec. 50.55a.
ASME BPV Code, Section III
1. Revise Sec. 50.55a(b)(1)(iv) to require that when applying
editions and addenda later than the 1989 Edition of Section III, the
requirements of NQA-1 the 1994 Edition, the 2008 Edition, the 2009-1a
Addenda to 2008 Edition and the 2015 Edition are acceptable for use,
provided that the edition and addenda of NQA-1 specified in either NCA-
4000 or NCA-7000 is used in conjunction with the administrative,
quality, and technical provisions contained in the edition and addenda
of Section III being used. This revision clarifies the current
requirements and is considered to be consistent with the meaning and
intent of the current requirements, and therefore is not considered to
result in a change in requirements. As such, this change is not a
backfit.
2. Add Sec. 50.55a(b)(1)(xiii)(A) and (B) to require compliance
with two new provisions related to preservice examination of steam
generator tubing. The 2017 Edition of the ASME Code contains
requirements for preservice examination of steam generator tubing,
however, the 2019 Edition does not require these preservice
examinations of steam generator tubing to be performed including the
acceptance criteria. Therefore, the NRC is adding two conditions to
ensure the tubing's structural integrity and ability to perform its
intended function along with an adequate preservice examination
baseline for future required inservice examinations. Because the new
conditions maintain the current requirements that were removed from the
latest Edition of the ASME Code, the conditions do not constitute a new
or changed NRC position. Therefore, this change is not a backfit.
ASME BPV Code, Section XI
1. Revise Sec. 50.55a(a)(1)(ii) to remove the incorporation by
reference of the addenda 1975 Winter Addenda, 1976 Summer Addenda 1976
Winter Addenda, and the Division 1 1977 Edition through1994 Addenda and
1998 Edition through 2000 Addenda because they incorporate by reference
older editions and addenda of Section XI that are no longer in use or
available for use by licensees. The revisions do not modify the current
inservice inspection regulatory requirements and, therefore, are not
backfits.
2. Revise Sec. 50.55a(b)(2)(viii), (ix), (xii), (xiv), and (xv),
(b)(2)(xviii)(A), and (b)(2)(xix) and (xx) to be consistent with the
removal of specific editions and addenda from Sec. 50.55a(a)(1)(ii).
These changes do not modify current requirements and, therefore, are
not backfits.
3. Revise Sec. 50.55a(b)(2)(viii), to delete Sec.
50.55a(b)(2)(viii)(A) through (D), to be consistent with the removal of
specific editions and addenda from Sec. 50.55a(a)(1)(ii). These
changes to Sec. 50.55a(b)(2)(viii) reflect the removal of conditions
that are no longer needed because they were applicable only to the
addenda and editions being removed. Therefore, this change is not a
backfit.
4. Revise Sec. 50.55a(b)(2)(ix), to delete Sec.
50.55a(b)(2)(ix)(C) through (E), to be consistent with the removal of
specific editions and addenda from Sec. 50.55a(a)(1)(ii). These
changes to Sec. 50.55a(b)(2)(ix) reflect the removal of
[[Page 65144]]
conditions that are no longer needed because they were applicable only
to the addenda and editions being removed. Therefore, this change is
not a backfit.
5. Revise Sec. 50.55a(b)(2)(x), to remove the reference to IWA-
1400. This revision clarifies the condition because the editions of
NQA-1 are specified in Table IWA 1600-1 instead of IWA-1400. Therefore,
the revision of this condition is not a backfit.
6. Revise Sec. 50.55a(b)(2)(xviii)(D) to add an alternative to the
requirements of Table VII-4110-1 which allows NDE examiners to achieve
qualification with reduced experience hours based on hours of
laboratory practice. The revised condition represents a relaxation in
the current requirements. Therefore, the revision of this condition is
not a backfit.
7. Revise Sec. 50.55a(b)(2)(xxv), by revising requirements
associated with (a) Conducting wall thickness examinations at
alternative locations; and (b) follow-on examination requirements for
external corrosion of buried piping.
The revised condition represents a relaxation in the current
requirements. Therefore, the revision of this condition is not a
backfit.
8. Revise Sec. 50.55a(b)(2)(xxvi), to allow the use of a licensee
defined leak check in lieu of a Section XI pressure test and VT-2
examination of mechanical joints. The revised condition represents a
relaxation in the current requirements and allows licensees to perform
a leak check in accordance with their post-maintenance test program and
Quality Assurance program. Therefore, the revision of this condition is
not a backfit.
9. Revise Sec. 50.55a(b)(2)(xxix), to allow the use of
Nonmandatory Appendix R, Supplement 2 in the 2019 and future editions
of the code. The revised condition represents a relaxation from the
current requirements. Therefore, the revision of this condition is not
a backfit.
10. Revise Sec. 50.55a(b)(2)(xxxii), to extend the timeframe for
licensees to submit Summary Reports and Owner Activity Reports
following completion of a refueling outage for users of the 2019 and
future editions of the code. The revised condition represents a
relaxation from the current requirements. Therefore, the revision of
this condition is not a backfit.
11. Remove Sec. 50.55a(b)(2)(xl) to allow use of Subparagraphs
IWB-3510.4(b)(4), IWB-3510.4(b)(5), IWC-3510.5(b)(4), and IWC-
3510(b)(5), and Table A-4200-1, Table G-2110-1, Figure A-4200-1, and
Figure G-220-1 as it relates to the toughness of certain ferritic
steels with specified minimum yield strength greater than 50 ksi.
Removing this condition represents a relaxation from the current
requirements. Therefore, the removal of this condition is not a
backfit.
12. Add Sec. 50.55a(b)(2)(xliii) to require submittals of analyses
performed under IWB-3720, Nonmandatory Appendix A, subparagraph A-
4200(c), and Nonmandatory Appendix G, subparagraph G-2110(c). The
condition on regulatory submittal requirements does not constitute a
new or changed NRC position. Therefore, the addition of this condition
is not a backfit.
ASME OM Code
1. Revise Sec. 50.55a(a)(1)(iv) to remove the incorporation by
reference of the 2011 Addenda and the 2015 Edition of the ASME OM Code,
as well as make corresponding changes to Sec. 50.55a(b)(3)(iv), (vii),
and (ix) to reflect that the 2011 Addenda and the 2015 Edition are not
incorporated by reference in Sec. 50.55a. These changes remove
editions of the code that are not in use. The revisions do not modify
the current IST regulatory requirements and, therefore, are not
backfits.
2. Revise Sec. 50.55a(b)(3) to be consistent with the removal of
specific editions or addenda from Sec. 50.55a(a)(1)(iv). These changes
to Sec. 50.55a(b)(3) are editorial and, therefore, are not backfits.
3. Revise Sec. 50.55a(b)(3)(viii) to specify that the condition on
the use of Subsection ISTE applies through the 2017 Edition of the ASME
OM Code incorporated by reference in Sec. 50.55a(a)(1)(iv). This
change allows the use of Subsection ISTE in the 2020 Edition of the
ASME OM Code without conditions and, therefore, is not a backfit.
4. Revise Sec. 50.55a(b)(3)(xi) to allow increased flexibility in
the schedule for position verification testing of valves not
susceptible to stem-disk separation. The final rule also allows
schedule flexibility for the initial ASME OM Code, Subsection ISTC,
paragraph ISTC-3700 testing as supplemented by paragraph (b)(3)(xi) by
the date 2 years after the previous ISTC-3700 test where plant
conditions make such testing impractical. These changes allow increased
flexibility in the testing interval where justified and, therefore, are
not a backfit.
5. Revise Sec. 50.55a(f)(4) to clarify the relationship between
Sec. 50.55a(f)(4) and (g)(4) regarding the IST and ISI programs for
dynamic restraints (snubbers). This modification reflects a
clarification of Sec. 50.55a(f)(4) and (g)(4) and, therefore, is not a
backfit.
6. Add Sec. 50.55a(f)(7) to state that IST Plans for pumps,
valves, and dynamic restraints (snubbers) must be submitted to the NRC.
This requirement was specified in the ASME OM Code up to the 2020
Edition, but ASME removed this requirement from the 2020 Edition of the
ASME OM Code as more appropriate to the regulatory authority
responsibilities. Therefore, this rule change is not a backfit because
the NRC is maintaining the current requirement and is not imposing a
new requirement.
7. Modify Sec. 50.55a(g)(4) to clarify the relationship between
Sec. 50.55a(f)(4) and (g)(4) regarding the IST and ISI programs for
dynamic restraints (snubbers). This modification reflects a
clarification of Sec. 50.55a(f)(4) and (g)(4) and, therefore, is not a
backfit.
Conclusion
The NRC finds that incorporation by reference into Sec. 50.55a of
the 2019 Edition of Section III, Division 1, of the ASME BPV Code
subject to the identified conditions; the 2019 Edition of Section XI,
Division 1, of the ASME BPV Code, subject to the identified conditions;
and the 2020 Edition of the ASME OM Code subject to the identified
conditions, does not constitute backfitting or represent an
inconsistency with any issue finality provisions in 10 CFR part 52.
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 Assessment and Final Finding of No Significant
Environmental Impact
This final rule action is in accordance with the NRC's policy to
incorporate by reference in Sec. 50.55a new editions and addenda of
the ASME BPV and OM Codes to provide updated rules for constructing and
inspecting components and testing pumps, valves, and dynamic restraints
(snubbers) in light-water nuclear power plants. The ASME Codes are
national voluntary consensus standards and are required by the NTTAA to
be used by Government agencies unless the use of such a standard is
inconsistent with applicable law or otherwise impractical. The National
Environmental Policy Act (NEPA) requires Federal agencies to study the
impacts of their major Federal actions significantly affecting the
[[Page 65145]]
quality of the human environment, and prepare detailed statements on
the environmental impacts of the proposed action and alternatives to
the proposed action (42 U.S.C. 4332(C); NEPA Sec. 102(C)).
The NRC has determined under NEPA, as amended, and the NRC's
regulations in subpart A of 10 CFR part 51, that this rule is not a
major Federal action significantly affecting the quality of the human
environment and, therefore, an environmental impact statement is not
required. The rulemaking does not significantly increase the
probability or consequences of accidents, no changes are being made in
the types of effluents that may be released off-site, and there is no
significant increase in public radiation exposure. The NRC concludes
that the increase in occupational exposure would not be significant.
This final rule does not involve non-radiological plant effluents and
has no other environmental impact. Therefore, no significant non-
radiological impacts are associated with this action. The determination
of this environmental assessment is that there will be no significant
off-site impact to the public from this action.
XII. Paperwork Reduction Act
This final rule amends collections of information subject to the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). The
collections of information were approved by the Office of Management
and Budget (OMB), approval number 3150-0011.
Because the rule will reduce the burden for existing information
collections, the public burden for the information collections is
expected to be decreased by 240 hours per response. This reduction
includes the time for reviewing instructions, searching existing data
sources, gathering and maintaining the data needed, and completing and
reviewing the information collection.
The information collection is being conducted to document the plans
for and the results of ISI and IST programs. The records are generally
historical in nature and provide data on which future activities can be
based. The practical utility of the information collection for the NRC
is that appropriate records are available for auditing by NRC personnel
to determine if ASME BPV and OM Code provisions for construction,
inservice inspection, repairs, and inservice testing are being properly
implemented in accordance with Sec. 50.55a, or whether specific
enforcement actions are necessary. Responses to this collection of
information are generally mandatory under Sec. 50.55a.
You may submit comments on any aspect of the information
collections, including suggestions for reducing the burden, by the
following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2018-0290.
Mail comments to: FOIA, Library, and Information
Collections Branch, Office of the Chief Information Officer, Mail Stop:
T6-A10M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001
or to the OMB reviewer at: OMB Office of Information and Regulatory
Affairs (3150-0011), Attn: Desk Officer for the Nuclear Regulatory
Commission, 725 17th Street NW, Washington, DC 20503; email:
[email protected].
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 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. Voluntary Consensus Standards
The National Technology Transfer and Advancement Act of 1995,
Public Law 104-113 (NTTAA), and implementing guidance in U.S. Office of
Management and Budget (OMB) Circular A-119 (revised on January 27,
2016), requires that Federal agencies use technical standards that are
developed or adopted by voluntary consensus standards bodies unless
using such a standard is inconsistent with applicable law or is
otherwise impractical. The NTTAA requires Federal agencies to use
industry consensus standards to the extent practical; it does not
require Federal agencies to endorse a standard in its entirety. Neither
the NTTAA nor Circular A-119 prohibit an agency from adopting a
voluntary consensus standard while taking exception to specific
portions of the standard, if those provisions are deemed to be
``inconsistent with applicable law or otherwise impractical.''
Furthermore, taking specific exceptions furthers the Congressional
intent of Federal reliance on voluntary consensus standards because it
allows the adoption of substantial portions of consensus standards
without the need to reject the standards in their entirety because of
limited provisions that are not acceptable to the agency.
In this final rule, the NRC is continuing its existing practice of
establishing requirements for the design, construction, operation, ISI
(examination) and IST of nuclear power plants by approving the use of
the latest editions and addenda of the ASME BPV and OM Codes (ASME
Codes) in Sec. 50.55a. The ASME Codes are voluntary consensus
standards, developed by participants with broad and varied interests,
in which all interested parties (including the NRC and licensees of
nuclear power plants) participate. Therefore, the NRC's incorporation
by reference of the ASME Codes is consistent with the overall
objectives of the NTTAA and OMB Circular A-119.
In this final rule, the NRC also is continuing its existing
practice of approving the use of an ASME OM Code Case, which is an
ASME-approved alternative to compliance with various provisions of the
ASME OM Code. The ASME Code Cases are national consensus standards as
defined in the NTTAA and OMB Circular A-119. The ASME Code Cases
constitute voluntary consensus standards, in which all interested
parties (including the NRC and licensees of nuclear power plants)
participate. Therefore, the NRC's approval of the use of the ASME Code
Case in this final rule is consistent with the overall objectives of
the NTTAA and OMB Circular A-119.
As discussed in Section II of this document, this final rule
conditions the use of certain provisions of the 2019 Edition to the
ASME BPV Code, Section III, Division 1 and the ASME BPV Code, Section
XI, Division 1, as well as the 2020 Edition to the ASME OM Code. This
final rule also includes the 2011 Addenda to ASME NQA-1-2008, (ASME
NQA-1b-2011), the 2012 and 2015 Editions of ASME NQA-1, and Code Case
OMN-28. In addition, this final rule does not adopt (``excludes'')
certain provisions of the ASME Codes as discussed in this document, and
in the regulatory and backfit analyses for this final rule. The NRC
finds that this final rule complies with the NTTAA and OMB Circular A-
119 despite these conditions and ``exclusions.''
If the NRC did not conditionally accept the ASME editions and
addenda, the NRC would disapprove them entirely. The effect would be
that licensees and applicants would submit a larger number of requests
for the use of alternatives under Sec. 50.55a(z), requests for relief
under Sec. 50.55a(f) and (g), or requests for exemptions under
[[Page 65146]]
Sec. 50.12 and/or Sec. 52.7. These requests would likely include
broad-scope requests for approval to issue the full scope of the ASME
Code editions and addenda which would otherwise be approved in this
final rule (i.e., the request would not be simply for approval of a
specific ASME Code provision with conditions). These requests would be
an unnecessary additional burden for both the licensee and the NRC,
inasmuch as the NRC has already determined that the ASME Codes and Code
Case that are the subject of this final rule are acceptable for use (in
some cases with conditions). For these reasons, the NRC concludes that
this final rule's treatment of ASME Code editions and addenda any
conditions placed on them does not conflict with any policy on agency
use of consensus standards specified in OMB Circular A-119.
The NRC did not identify any other voluntary consensus standards
developed by U.S. voluntary consensus standards bodies for use within
the U.S. that the NRC could incorporate by reference instead of the
ASME Codes. The NRC also did not identify any voluntary consensus
standards developed by multinational voluntary consensus standards
bodies for use on a multinational basis that the NRC could incorporate
by reference instead of the ASME Codes. The NRC identified codes
addressing the same subject as the ASME Codes for use in individual
countries. At least one country, Korea, directly translated the ASME
Code for use in that country. In other countries (e.g., Japan), the
ASME Codes were the basis for development of the country's codes, but
the ASME Codes were substantially modified to accommodate that
country's regulatory system and reactor designs. Finally, there are
countries (e.g., the Russian Federation) where that country's code was
developed without regard to the ASME Code. However, some of these codes
may not meet the definition of a voluntary consensus standard because
they were developed by the state rather than a voluntary consensus
standards body. Evaluation by the NRC of the countries' codes to
determine whether each code provides a comparable or enhanced level of
safety when compared against the level of safety provided under the
ASME Codes would require a significant expenditure of agency resources.
This expenditure does not seem justified, given that substituting
another country's code for the U.S. voluntary consensus standard does
not appear to substantially further the apparent underlying objectives
of the NTTAA.
In summary, this final rule satisfies the requirements of the NTTAA
and OMB Circular A-119.
XV. Incorporation by Reference--Reasonable Availability to Interested
Parties
The NRC is incorporating by reference two recent editions to the
ASME Codes for nuclear power plants. The NRC also is incorporating by
reference the ASME OM Code Case OMN-28, ``Alternative Valve Position
Verification Approach to Satisfy ISTC-3700 for Valves Not Susceptible
to Stem-Disk Separation,'' the 2011 Addenda to ASME NQA-1-2008,
``Quality Assurance Requirements for Nuclear Facility Applications''
(ASME NQA-1b-2011), and the 2012 and 2015 Editions of ASME NQA-1,
``Quality Assurance Requirements for Nuclear Facility Applications.''
As described in the ``Background'' and ``Discussion'' sections of this
document, these materials contain standards for the design,
fabrication, and inspection of nuclear power plant components.
The NRC is required by law to obtain approval for incorporation by
reference from the Office of the Federal Register (OFR). The OFR's
requirements for incorporation by reference are set forth in 1 CFR part
51. On November 7, 2014, the OFR adopted changes to its regulations
governing incorporation by reference (79 FR 66267). The OFR regulations
require an agency to discuss, in the preamble of the final rule, the
ways that the materials it incorporates by reference are reasonably
available to interested parties and how interested parties can obtain
the materials. The discussion in this section complies with the
requirement for final rules as set forth in Sec. 51.5(b)(2).
The NRC considers ``interested parties'' to include all potential
NRC stakeholders, not only the individuals and entities regulated or
otherwise subject to the NRC's regulatory oversight. These NRC
stakeholders are not a homogenous group but vary with respect to the
considerations for determining reasonable availability. Therefore, the
NRC distinguishes between different classes of interested parties for
the purposes of determining whether the material is ``reasonably
available.'' The NRC considers the following to be classes of
interested parties in NRC rulemakings with regard to the material to be
incorporated by reference:
Individuals and small entities regulated or otherwise
subject to the NRC's regulatory oversight (this class also includes
applicants and potential applicants for licenses and other NRC
regulatory approvals) and who are subject to the material to be
incorporated by reference by rulemaking. In this context, ``small
entities'' has the same meaning as a ``small entity'' under 10 CFR
2.810.
Large entities otherwise subject to the NRC's regulatory
oversight (this class also includes applicants and potential applicants
for licenses and other NRC regulatory approvals) and who are subject to
the material to be incorporated by reference by rulemaking. In this
context, ``large entities'' are those that do not qualify as a ``small
entity'' under Sec. 2.810.
Non-governmental organizations with institutional
interests in the matters regulated by the NRC.
Other Federal agencies, States, local governmental bodies
(within the meaning of Sec. 2.315(c)).
Federally-recognized and State-recognized \3\ Indian
tribes.
---------------------------------------------------------------------------
\3\ State-recognized Indian tribes are not within the scope of
10 CFR 2.315(c). However, for purposes of the NRC's compliance with
1 CFR 51.5, ``interested parties'' includes a broad set of
stakeholders, including State-recognized Indian tribes.
---------------------------------------------------------------------------
Members of the general public (i.e., individual,
unaffiliated members of the public who are not regulated or otherwise
subject to the NRC's regulatory oversight) who may wish to gain access
to the materials that the NRC is incorporating by reference by
rulemaking in order to participate in the rulemaking process.
The NRC makes the materials to be incorporated by reference
available for inspection to all interested parties, by appointment, at
the NRC Technical Library, which is located at Two White Flint North,
11545 Rockville Pike, Rockville, Maryland 20852; telephone: 301-415-
7000; email: [email protected]. Interested parties may purchase
a copy of the ASME materials from ASME at Three Park Avenue, New York,
NY 10016, or at the ASME website https://www.asme.org/shop/standards.
The materials are also accessible through third-party subscription
services such as IHS (15 Inverness Way East, Englewood, CO 80112;
https://global.ihs.com) and Thomson Reuters Techstreet (3916 Ranchero
Drive, Ann Arbor, MI 48108; https://www.techstreet.com). The purchase
prices for individual documents range from $225 to $720 and the cost to
purchase all documents is approximately $9,000.
For the class of interested parties constituting members of the
general public who wish to gain access to the materials that are
incorporated by reference in order to participate in the
[[Page 65147]]
rulemaking, the NRC recognizes that the $9,000 cost may be so high that
the materials could be regarded as not reasonably available for
purposes of commenting on this rulemaking, despite the NRC's actions to
make the materials available at the NRC's PDR. Accordingly, the NRC
requested that ASME consider enhancing public access to these materials
during the public comment period. On April 14, 2020, ASME agreed to
make the materials available online in a read-only electronic access
format during the public comment period.
During the public comment period, the ASME made publicly available
the two editions to the ASME Codes for nuclear power plants, the 2011
Addenda to ASME NQA-1-2008, and the 2012 and 2015 Editions of ASME NQA-
1 that the NRC proposed to incorporate by reference. ASME made these
materials publicly available in read-only format at the ASME website
https://go.asme.org/NRC-ASME. In addition, on March 16, 2021, ASME made
Code Case OMN-28 available at the ASME website https://go.asme.org/OMcommittee.
The materials are available to all interested parties in multiple
ways and in a manner consistent with their interest in this final rule.
Therefore, the NRC concludes that the materials the NRC is
incorporating by reference in this final rule are reasonably available
to all interested parties.
XVI. Availability of Guidance
The NRC will not be issuing guidance for this final rule. The ASME
BPV Code and OM Code provide direction for the performance of
activities to satisfy the Code requirements for design, inservice
inspection, and inservice testing of nuclear power plant structures,
systems, and components (SSCs). In addition, the NRC provides guidance
in this document for the implementation of the new conditions on the
ASME BPV code and OM Code, as necessary. The NRC has a number of
standard review plans (SRPs) that provide guidance to NRC reviewers and
make communication and understanding of NRC review processes available
to members of the public and the nuclear power industry. NUREG-0800,
``Review of Safety Analysis Reports for Nuclear Power Plants,'' has
numerous sections which discuss implementation of various aspects of
the ASME BPV Code and OM Code (e.g., Sections 3.2.2, 3.8.1, 3.8.2,
3.9.3, 3.9.6, 3.9.7, 3.9.8, 3.13, 5.2.1.1, 5.2.1.2, 5.2.4, and 6.6).
The NRC also publishes Regulatory Guides and Generic Communications
(i.e., Regulatory Issue Summaries and Information Notices) to
communicate and clarify NRC technical or policy positions on regulatory
matters which may contain guidance relative to this final rule.
Revision 3 of NUREG-1482, ``Guidelines for Inservice Testing at
Nuclear Power Plants,'' provides guidance for the development and
implementation of IST programs at nuclear power plants. With direction
provided in the ASME BPV and OM Codes, and guidance in this document,
the NRC has determined that preparation of a separate guidance document
is not necessary for this update to Sec. 50.55a. However, the NRC will
consider preparing a revision to NUREG-1482 in the future to address
the latest edition of the ASME OM Code incorporated by reference in
Sec. 50.55a.
XVII. 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
Document link/Federal Register
citation
------------------------------------------------------------------------
Proposed Rule Documents
------------------------------------------------------------------------
Proposed Rule--Federal Register Document 86 FR 16087
(March 26, 2021).
Draft Regulatory Analysis (March 2021)..... ML20178A448
------------------------------------------------------------------------
Final Rule Documents
------------------------------------------------------------------------
Final Regulatory Analysis (September 2022). ML21267A092
NRC Responses to Public Comments: Final ML21267A094
Rule: American Society of Mechanical
Engineers 2019-2020 Code Editions
(September 2022).
Annotated Public Comments on Proposed Rule: ML21267A098
American Society of Mechanical Engineers
2019-2020 Code Editions (September 2022).
------------------------------------------------------------------------
Related Documents
------------------------------------------------------------------------
Email from Louise Lund, NRC, to Allyson B. ML21014A012
Byk, ASME, ``NRC Request for Public Access
to ASME Materials--Correction Needed
(Docket No. NRC-2018-0290),'' January 5,
2021.
Email from Louise Lund, NRC, to Allyson B. ML20308A511
Byk, ASME, ``NRC Request for Public Access
to ASME Material the NRC Seeks to
Incorporate by Reference into Its
Regulations (Docket No. NRC-2018-0290),''
October 22, 2020.
Email from Louise Lund, NRC, to Christian ML20127H677
A. Sanna, ASME, ``NRC Request for Public
Access to ASME Material the NRC Seeks to
Incorporate by Reference into Its
Regulations (Docket No. NRC-2018-0290),''
April 14, 2020.
Email from Christian A. Sanna, ASME, to ML20127H684
Louise Lund, NRC, ``NRC Request for Public
Access to ASME Material the NRC Seeks to
Incorporate by Reference into Its
Regulations (Docket No. NRC-2018-0290),''
April 14, 2020.
Summary of the May 6, 2021, Public Meeting ML21139A222
on the Proposed Rule to Incorporate by
Reference the 2019 and 2020 Editions of
ASME Codes into 10 CFR 50.55a.
Summary of the June 4, 2020, Public Meeting ML20163A609
with the Nuclear Industry to Discuss Title
10 of the Code of Federal Regulations,
Section 50.55a(b)(xxvi) Condition of
Pressure Testing of Class 1, 2, and 3
Mechanical Joints.
Summary of the June 25, 2020, Public ML20189A286
Meeting with the Nuclear Industry to
Discuss Title 10 of the Code of Federal
Regulations, Section 50.55a(b)(xxvi)
Condition of Pressure Testing of Class 1,
2, and 3 Mechanical Joints.
Staff Requirements Memorandum--Affirmation ML003755050
Session, 11:30 a.m., Friday, September 10,
1999, Commissioners' Conference Room, One
White Flint North, Rockville, Maryland
(Open to Public Attendance).
[[Page 65148]]
Enforcement Guidance Memorandum 14-003, ML14169A582
``Enforcement Discretion not to Cite
Violations Involving Bolt and Stud Non-
Destructive Examination Qualification
Programs, while Rulemaking Changes are
Being Developed,'' January 16, 2015.
Information to Licensees Regarding Two NRC ML031140549
Inspection Manual Sections on Resolution
of Degraded and Nonconforming Conditions
and on Operability (Generic Letter 91-18),
November 7, 1991.
NRC Regulatory Issue Summary 2004-16, ``Use ML042590067
of Later Editions and Addenda to ASME Code
Section XI for Repair/Replacement
Activities,'' October 19, 2004.
Regulatory Guide 1.28, Revision 5, ML17207A293
``Quality Assurance Program Criteria
(Design and Construction),'' October 2017.
Regulatory Guide 1.147, Revision 19, ML19128A244
``Inservice Inspection Code Case
Acceptability, ASME Section XI, Division
1,'' October 2019.
Regulatory Guide 1.178, Revision 1, ``An ML032510128
Approach for Plant-Specific Risk-Informed
Decisionmaking for Inservice Inspection of
Piping,'' September 2003.
Regulatory Guide 1.200, Revision 2, ``An ML090410014
Approach for Determining the Technical
Adequacy of Probabilistic Risk Assessment
Results for Risk-Informed Activities,''
March 2009.
NUREG-0800, NRC Standard Review Plan for ML032510135
the Review of Safety Analysis Reports for
Nuclear Power Plants: LWR Edition (NUREG-
0800), Chapter 3.9.8, ``Risk-Informed
Inservice Inspection of Piping,''
September 2003.
NUREG-1339, ``Resolution of Generic Safety ML031430208
Issue 29: Bolting Degradation or Failure
in Nuclear Power Plants,'' June 1990.
NUREG-1482, Revision 3, ``Guidelines for ML20202A473
Inservice Testing at Nuclear Power
Plants,'' July 2020.
NUREG-1801, Revision 2, ``Generic Aging ML103490041
Lessons Learned (GALL) Report,'' December
2010.
NUREG-1800, Revision 2, ``Standard Review ML103490036
Plan for Review of License Renewal
Applications for Nuclear Power Plants,''
December 2010.
NUREG-2191, Vols. 1 and 2, ``Generic Aging ML17187A031
Lessons Learned for Subsequent License ML17187A204
Renewal (GALL-SLR) Report,'' July 2017.
NUREG-1950, ``Disposition of Public ML11116A062
Comments and Technical Bases for Changes
in the License Renewal Guidance Documents
NUREG-1801 and NUREG-1800,'' April 2011.
NUREG-2192, ``Standard Review Plan for ML17188A158
Review of Subsequent License Renewal
Applications for Nuclear Power Plants,''
July 2017.
Report Number PNNL-29761, ``Nondestructive ML20079E343
Examination (NDE) Training and
Qualifications: Implications of Research
on Human Learning and Memory, Instruction
and Expertise,'' March 2020.
------------------------------------------------------------------------
ASME Codes and Standards
------------------------------------------------------------------------
ASME BPV Code, Section III, Division 1: https://go.asme.org/NRC-
2019 Edition. ASME
ASME BPV Code, Section XI, Division 1: 2019 https://go.asme.org/NRC-
Edition. ASME
ASME OM Code, Division 1: 2020 Edition..... https://go.asme.org/NRC-ASME ASME
ASME OM Code Case OMN-28, ``Alternative https://go.asme.org/
Valve Position Verification Approach to OMcommittee
Satisfy ISTC-3700 for Valves Not
Susceptible to Stem-Disk Separation''.
ASME NQA-1b-2011, ``Quality Assurance https://go.asme.org/NRC-
Requirements for Nuclear Facility ASME
Applications'' (2011 Addenda).
ASME NQA-1-2012, ``Quality Assurance https://go.asme.org/NRC-
Requirements for Nuclear Facility ASME
Applications''.
ASME NQA-1-2015, ``Quality Assurance https://go.asme.org/NRC-
Requirements for Nuclear Facility ASME
Applications''.
------------------------------------------------------------------------
List of Subjects in 10 CFR Part 50
Administrative practice and procedure, Antitrust, Backfitting,
Classified information, Criminal penalties, Education, Emergency
planning, Fire prevention, Fire protection, Incorporation by reference,
Intergovernmental relations, Nuclear power plants and reactors,
Penalties, Radiation protection, Reactor siting criteria, Reporting and
recordkeeping requirements, Whistleblowing.
For the reasons set forth in the preamble, and under the authority
of the Atomic Energy Act of 1954, as amended; the Energy Reorganization
Act of 1974, as amended; and 5 U.S.C. 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 Sec. 50.55a:
0
a. In paragraph (a)(1)(i)(E)(18), remove ``, and'' and add a semicolon
in its place;
0
b. Revise paragraph (a)(1)(i)(E)(19) and add paragraph
(a)(1)(i)(E)(20);
0
c. Revise and republish paragraphs (a)(1)(ii) through (iv),
(a)(1)(v)(B), (b)(1), (b)(2) introductory text, and (b)(2)(viii)
through (xiv);
0
d. In paragraph (b)(2)(xv) introductory text, remove the text ``the
1995 Edition through'';
0
e. Revise and republish paragraphs (b)(2)(xviii) through (xxi), (xxv),
(xxvi), (xxix), (xxxii), (xxxvi), and (xxxix);
0
f. Remove and reserve paragraph (b)(2)(xl);
0
g. Add paragraph (b)(2)(xliii);
0
h. In paragraph (b)(3) introductory text, remove the text ``1995
Edition through the latest edition'' and add in its place the word
``editions'';
0
i. Revise and republish paragraph (b)(3)(iii);
0
j. In paragraph (b)(3)(iv), remove the year ``2015'' and add in its
place the year ``2012'' and remove the word ``shall'' and add in its
place the word ``must'' everywhere it appears;
[[Page 65149]]
0
k. Remove and reserve paragraph (b)(3)(vii);
0
l. Revise and republish paragraphs (b)(3)(viii) through (xi) and
(f)(4);
0
m. Add paragraph (f)(7); and
0
n. Revise paragraph (g)(4) introductory text.
The revisions, republications, and additions read as follows:
Sec. 50.55a Codes and standards.
(a) * * *
(1) * * *
(i) * * *
(E) * * *
(19) 2017 Edition (including Subsection NCA; and Division 1
subsections NB through NG and Appendices); and
(20) 2019 Edition (including Subsection NCA; and Division 1
subsections NB through NG and Appendices).
(ii) ASME Boiler and Pressure Vessel Code, Section XI. The editions
and addenda for Section XI of the ASME Boiler and Pressure Vessel Code
are listed in this paragraph (a)(1)(ii), but limited by those
provisions identified in paragraph (b)(2) of this section.
(A) [Reserved]
(B) ``Rules for Inservice Inspection of Nuclear Power Plant
Components:''
(1) 1974 Edition;
(2) 1974 Summer Addenda;
(3) 1974 Winter Addenda; and
(4) 1975 Summer Addenda.
(C) ``Rules for Inservice Inspection of Nuclear Power Plant
Components--Division 1:''
(1)-(32) [Reserved]
(33) 1995 Edition;
(34) 1995 Addenda;
(35) 1996 Addenda;
(36) 1997 Addenda;
(37)-(40) [Reserved]
(41) 2001 Edition;
(42) 2001 Addenda;
(43) 2002 Addenda;
(44) 2003 Addenda;
(45) 2004 Edition;
(46) 2005 Addenda;
(47) 2006 Addenda;
(48) 2007 Edition;
(49) 2008 Addenda;
(50) 2009b Addenda;
(51) 2010 Edition;
(52) 2011a Addenda;
(53) 2013 Edition;
(54) 2015 Edition;
(55) 2017 Edition; and
(56) 2019 Edition.
(iii) ASME Code Cases: Nuclear Components--(A) ASME BPV Code Case
N-513-3 Mandatory Appendix I. ASME BPV Code Case N-513-3, ``Evaluation
Criteria for Temporary Acceptance of Flaws in Moderate Energy Class 2
or 3 Piping Section XI, Division 1,'' Mandatory Appendix I, ``Relations
for Fm, Fb, and F for Through-Wall Flaws'' (Approval Date: January 26,
2009). ASME BPV Code Case N-513-3 Mandatory Appendix I is referenced in
paragraph (b)(2)(xxxiv)(B) of this section.
(B) ASME BPV Code Case N-722-1. ASME BPV Code Case N-722-1,
``Additional Examinations for PWR Pressure Retaining Welds in Class 1
Components Fabricated with Alloy 600/82/182 Materials, Section XI,
Division 1'' (Approval Date: January 26, 2009), with the conditions in
paragraph (g)(6)(ii)(E) of this section.
(C) ASME BPV Code Case N-729-6. ASME BPV Code Case N-729-6,
``Alternative Examination Requirements for PWR Reactor Vessel Upper
Heads With Nozzles Having Pressure-Retaining Partial-Penetration Welds
Section XI, Division 1'' (Approval Date: March 3, 2016), with the
conditions in paragraph (g)(6)(ii)(D) of this section.
(D) ASME BPV Code Case N-770-5. ASME BPV Code Case N-770-5,
``Alternative Examination Requirements and Acceptance Standards for
Class 1 PWR Piping and Vessel Nozzle Butt Welds Fabricated with UNS
N06082 or UNS W86182 Weld Filler Material With or Without Application
of Listed Mitigation Activities Section XI, Division 1'' (Approval
Date: November 7, 2016), with the conditions in paragraph (g)(6)(ii)(F)
of this section.
(E) [Reserved]
(F) ASME BPV Code Case N-852. ASME BPV Code Case N-852,
``Application of the ASME NPT Stamp, Section III, Division 1; Section
III, Division 2; Section III, Division 3; Section III, Division 5''
(Approval Date: February 9, 2015). ASME BPV Code Case N-852 is
referenced in paragraph (b)(1)(ix) of this section.
(G) [Reserved]
(H) ASME OM Code Case OMN-28. ASME OM Case OMN-28, ``Alternative
Valve Position Verification Approach to Satisfy ISTC-3700 for Valves
Not Susceptible to Stem-Disk Separation.'' Issued March 4, 2021. OMN-28
is referenced in paragraph (b)(3)(xi) of this section.
(iv) ASME Operation and Maintenance Code. The editions and addenda
for the ASME Operation and Maintenance of Nuclear Power Plants are
listed in this paragraph (a)(1)(iv), but limited by those provisions
identified in paragraph (b)(3) of this section.
(A) ``Code for Operation and Maintenance of Nuclear Power Plants:''
(1) 1995 Edition;
(2) 1996 Addenda;
(3) 1997 Addenda;
(4) 1998 Edition;
(5) 1999 Addenda;
(6) 2000 Addenda;
(7) 2001 Edition;
(8) 2002 Addenda;
(9) 2003 Addenda;
(10) 2004 Edition;
(11) 2005 Addenda; and
(12) 2006 Addenda.
(B) ``Operation and Maintenance of Nuclear Power Plants, Division
1: Section IST Rules for Inservice Testing of Light-Water Reactor Power
Plants:''
(1) 2009 Edition.
(2) [Reserved]
(C) Operation and Maintenance of Nuclear Power Plants:
(1) 2012 Edition, ``Division 1: OM Code: Section IST'';
(2) 2017 Edition; and
(3) 2020 Edition.
(v) * * *
(B) ASME NQA-1, ``Quality Assurance Requirements for Nuclear
Facility Applications:''
(1) NQA-1--1994 Edition;
(2) NQA-1--2008 Edition;
(3) NQA-1a--2009;
(4) NQA-1b--2011 Addenda;
(5) NQA-1--2012; and
(6) NQA-1--2015.
* * * * *
(b) * * *
(1) Conditions on ASME BPV Code Section III. Each manufacturing
license, standard design approval, and design certification under 10
CFR part 52 is subject to the following conditions. As used in this
section, references to Section III refer to Section III of the ASME BPV
Code and include the 1963 Edition through 1973 Winter Addenda and the
1974 Edition (Division 1) through the latest edition and addenda
incorporated by reference in paragraph (a)(1)(i) of this section,
subject to the following conditions:
(i) Section III condition: Section III materials. When applying the
1992 Edition of Section III, applicants or licensees must apply the
1992 Edition with the 1992 Addenda of Section II of the ASME Boiler and
Pressure Vessel Code.
(ii) Section III condition: Weld leg dimensions. When applying the
1989 Addenda through the latest edition and addenda incorporated by
reference in paragraph (a)(1) of this section, applicants and licensees
may not apply the Section III provisions identified in table 1 to this
paragraph (b)(1)(ii) for welds with leg size less than 1.09
tn:
[[Page 65150]]
Table 1 to Paragraph (b)(1)(ii)--Prohibited Code Provisions
------------------------------------------------------------------------
Editions and addenda Code provision
------------------------------------------------------------------------
1989 Addenda through the latest Subparagraph NB-3683.4(c)(1);
edition and addenda incorporated Subparagraph NB-3683.4(c)(2).
by reference in paragraph
(a)(1)(i) of this section.
1989 Addenda through 2003 Addenda.. Footnote 11 to Figure NC-3673.2(b)-
1; Note 11 to Figure ND-3673.2(b)-
1.
2004 Edition through 2010 Edition.. Footnote 13 to Figure NC-3673.2(b)-
1; Note 13 to Figure ND-3673.2(b)-
1.
2011 Addenda through the latest Footnote 11 to Table NC-3673.2(b)-
edition and addenda incorporated 1; Note 11 to Table ND-3673.2(b)-
by reference in paragraph 1.
(a)(1)(i) of this section.
------------------------------------------------------------------------
(iii) Section III condition: Seismic design of piping. Applicants
or licensees may use Subarticles NB-3200, NB-3600, NC-3600, and ND-3600
for seismic design of piping, up to and including the 1993 Addenda,
subject to the condition specified in paragraph (b)(1)(ii) of this
section. Applicants or licensees may not use these subarticles for
seismic design of piping in the 1994 Addenda through the 2005 Addenda
incorporated by reference in paragraph (a)(1) of this section, except
that Subarticle NB-3200 in the 2004 Edition through the 2017 Edition
may be used by applicants and licensees, subject to the condition in
paragraph (b)(1)(iii)(A) of this section. Applicants or licensees may
use Subarticles NB-3600, NC-3600, and ND-3600 for the seismic design of
piping in the 2006 Addenda through the latest edition and addenda
incorporated by reference in paragraph (a)(1)(i) of this section,
subject to the conditions of this paragraph (b)(1)(iii) corresponding
to those subarticles.
(A) Seismic design of piping: First provision. When applying Note
(1) of Figure NB-3222-1 for Level B service limits, the calculation of
Pb stresses must include reversing dynamic loads (including inertia
earthquake effects) if evaluation of these loads is required by NB-
3223(b).
(B) Seismic design of piping: Second provision. For Class 1 piping,
the material and Do/t requirements of NB-3656(b) must be met for all
Service Limits when the Service Limits include reversing dynamic loads,
and the alternative rules for reversing dynamic loads are used.
(iv) Section III condition: Quality assurance. When applying
editions and addenda later than the 1989 Edition of Section III, an
applicant or licensee may use the requirements of NQA-1, ``Quality
Assurance Requirements for Nuclear Facility Applications,'' that is
both incorporated by reference in paragraph (a)(1)(v) of this section
and specified in either NCA-4000 or NCA-7000 of that Edition and
Addenda of Section III, provided that the administrative, quality, and
technical provisions contained in that Edition and Addenda of Section
III are used in conjunction with the applicant's or licensee's appendix
B to this part quality assurance program; and that the applicant's or
licensee's Section III activities comply with those commitments
contained in the applicant's or licensee's quality assurance program
description. Where NQA-1 and Section III do not address the commitments
contained in the applicant's or licensee's appendix B quality assurance
program description, those licensee commitments must be applied to
Section III activities.
(v) Section III condition: Independence of inspection. Applicants
or licensees may not apply the exception in NCA-4134.10(a) of Section
III, 1995 Edition through 2009b Addenda of the 2007 Edition, from
paragraph 3.1 of Supplement 10S-1 of NQA-1-1994 Edition.
(vi) Section III condition: Subsection NH. The provisions in
Subsection NH, ``Class 1 Components in Elevated Temperature Service,''
1995 Addenda through all editions and addenda up to and including the
2013 Edition incorporated by reference in paragraph (a)(1) of this
section, may only be used for the design and construction of Type 316
stainless steel pressurizer heater sleeves where service conditions do
not cause the components to reach temperatures exceeding 900 [deg]F.
(vii) Section III condition: Capacity certification and
demonstration of function of incompressible-fluid pressure-relief
valves. When applying the 2006 Addenda through all editions and addenda
up to and including the latest edition and addenda incorporated by
reference in paragraph (a)(1)(i) of this section, applicants and
licensees may use paragraph NB-7742, except that paragraph NB-
7742(a)(2) may not be used. For a valve design of a single size to be
certified over a range of set pressures, the demonstration of function
tests under paragraph NB-7742 must be conducted as prescribed in NB-
7732.2 on two valves covering the minimum set pressure for the design
and the maximum set pressure that can be accommodated at the
demonstration facility selected for the test.
(viii) Section III condition: Use of ASME certification marks. When
applying editions and addenda earlier than the 2011 Addenda to the 2010
Edition, licensees may use either the ASME BPV Code Symbol Stamps or
the ASME Certification Marks with the appropriate certification
designators and class designators as specified in the 2013 Edition
through the latest edition and addenda incorporated by reference in
paragraph (a)(1) of this section.
(ix) Section III Condition: NPT Code Symbol Stamps. Licensees may
use the NPT Code Symbol Stamp with the letters arranged horizontally as
specified in ASME BPV Code Case N-852 for the service life of a
component that had the NPT Code Symbol Stamp applied during the time
period from January 1, 2005, through December 31, 2015.
(x) Section III Condition: Visual examination of bolts, studs and
nuts. Applicants or licensees applying the provisions of NB-2582, NC-
2582, ND-2582, NE-2582, NF-2582, NG-2582 in the 2017 Edition of Section
III through the latest edition and addenda incorporated by reference in
paragraph (a)(1)(i) of this section, must apply paragraphs (b)(1)(x)(A)
and (B) of this section.
(A) Visual examination of bolts, studs, and nuts: First provision.
When applying the provisions of NB-2582, NC-2582, ND-2582, NE-2582, NF-
2582, NG-2582 in the 2017 Edition of Section III through the latest
edition and addenda incorporated by reference in paragraph (a)(1)(i) of
this section, the visual examinations are required to be performed in
accordance with procedures qualified to NB-5100, NC-5100, ND-5100, NE-
5100, NF-5100, NG-5100 and performed by personnel qualified in
accordance with NB-5500, NC-5500, ND-5500, NE-5500, NF-5500, and NG-
5500.
(B) Visual examination of bolts, studs, and nuts: Second provision.
When applying the provisions of NB-2582, NC-2582, ND-2582, NE-2582, NF-
[[Page 65151]]
2582, and NG-2582 in the 2017 Edition of Section III through the latest
edition and addenda incorporated by reference in paragraph (a)(1)(i) of
this section, bolts, studs, and nuts must be visually examined for
discontinuities including cracks, bursts, seams, folds, thread lap,
voids, and tool marks.
(xi) Section III condition: Mandatory Appendix XXVI. When applying
the 2015 and 2017 Editions of Section III, Mandatory Appendix XXVI,
``Rules for Construction of Class 3 Buried Polyethylene Pressure
Piping,'' applicants or licensees must meet the following conditions:
(A) Mandatory Appendix XXVI: First provision. When performing
fusing procedure qualification testing in accordance with XXVI-2300 and
XXVI-4330 the following essential variables must be used for the
performance qualification tests of butt fusion joints:
(1) Joint Type: A change in the type of joint from that qualified,
except that a square butt joint qualifies as a mitered joint.
(2) Pipe Surface Alignment: A change in the pipe outside diameter
(O.D.) surface misalignment of more than 10 percent of the wall
thickness of the thinner member to be fused.
(3) PE Material: Each lot of polyethylene source material to be
used in production (XXVI-2310(c)).
(4) Wall Thickness: Each thickness to be fused in production (XXVI-
2310(c)).
(5) Diameter: Each diameter to be fused in production (XXVI-
2310(c)).
(6) Cross-sectional Area: Each combination of thickness and
diameter (XXVI-2310(c)).
(7) Position: Maximum machine carriage slope when greater than 20
degrees from horizontal (XXVI-4321(c)).
(8) Heater Surface Temperature: A change in the heater surface
temperature to a value beyond the range tested (XXVI-2321).
(9) Ambient Temperature: A change in ambient temperature to less
than 50 [deg]F (10 [deg]C) or greater than 125 [deg]F (52 [deg]C)
(XXVI-4412(b)).
(10) Interfacial Pressure: A change in interfacial pressure to a
value beyond the range tested (XXVI-2321).
(11) Decrease in Melt Bead Width: A decrease in melt bead size from
that qualified.
(12) Increase in Heater Removal Time: An increase in heater plate
removal time from that qualified.
(13) Decrease in Cool-down Time: A decrease in the cooling time at
pressure from that qualified.
(14) Fusing Machine Carriage Model: A change in the fusing machine
carriage model from that tested (XXVI-2310(d)).
(B) Mandatory Appendix XXVI: Second provision. When performing
procedure qualification for high speed tensile impact testing of butt
fusion joints in accordance with XXVI-2300 or XXVI-4330, breaks in the
specimen that are away from the fusion zone must be retested. When
performing fusing operator qualification bend tests of butt fusion
joints in accordance with XXVI-4342, guided side bend testing must be
used for all thicknesses greater than 1.25 inches.
(C) Mandatory Appendix XXVI: Third provision. When performing
fusing procedure qualification tests in accordance with 2017 Edition of
BPV Code Section III XXVI-2300 and XXVI-4330, the following essential
variables must be used for the testing of electrofusion joints:
(1) Joint Design: A change in the design of an electrofusion joint.
(2) Fit-up Gap: An increase in the maximum radial fit-up gap
qualified.
(3) Pipe PE Material: A change in the PE designation or cell
classification of the pipe from that tested (XXVI-2322(a)).
(4) Fitting PE Material: A change in the manufacturing facility or
production lot from that tested (XXVI-2322(b)).
(5) Pipe Wall Thickness: Each thickness to be fused in production
(XXVI-2310(c)).
(6) Fitting Manufacturer: A change in fitting manufacturer.
(7) Pipe Diameter: Each diameter to be fused in production (XXVI-
2310(c)).
(8) Cool-down Time: A decrease in the cool time at pressure from
that qualified.
(9) Fusion Voltage: A change in fusion voltage.
(10) Nominal Fusion Time: A change in the nominal fusion time.
(11) Material Temperature Range: A change in material fusing
temperature beyond the range qualified.
(12) Power Supply: A change in the make or model of electrofusion
control box (XXVI-2310(f)).
(13) Power Cord: A change in power cord material, length, or
diameter that reduces current at the coil to below the minimum
qualified.
(14) Processor: A change in the manufacturer or model number of the
processor. (XXVI-2310(f)).
(15) Saddle Clamp: A change in the type of saddle clamp.
(16) Scraping Device: A change from a clean peeling scraping tool
to any other type of tool.
(xii) Section III condition: Certifying Engineer. When applying the
2017 and later editions of ASME BPV Code Section III, the NRC does not
permit applicants and licensees to use a Certifying Engineer who is not
a Registered Professional Engineer qualified in accordance with
paragraph XXIII-1222 for Code-related activities that are applicable to
U.S. nuclear facilities regulated by the NRC. The use of paragraph
XXIII-1223 is prohibited.
(xiii) Section III Condition: Preservice Inspection of Steam
Generator Tubes. Applicants or licensees applying the provisions of NB-
5283 and NB-5360 in the 2019 Edition of Section III, must apply
paragraphs (b)(1)(xiii)(A) and (B) of this section.
(A) Preservice Inspection of Steam Generator Tubes: First
provision. When applying the provisions of NB-5283 in the 2019 Edition
of Section III, a full-length preservice examination of 100 percent of
the steam generator tubing in each newly installed steam generator must
be performed prior to plant startup.
(B) Preservice Inspection of Steam Generator Tubes: Second
provision. When applying the provisions of NB-5360 in the 2019 Edition
of Section III, flaws revealed during preservice examination of steam
generator tubing performed in accordance with paragraph (b)(1)(xiii)(A)
of this section must be evaluated using the criteria in the design
specifications.
(2) Conditions on ASME BPV Code, Section XI. As used in this
section, references to Section XI refer to Section XI, Division 1, of
the ASME BPV Code, and include the 1970 Edition through the 1976 Winter
Addenda and the 1977 Edition through the latest edition incorporated by
reference in paragraph (a)(1)(ii) of this section, subject to the
following conditions:
* * * * *
(viii) Section XI condition: Concrete containment examinations.
Applicants or licensees applying Subsection IWL, 2001 Edition through
the 2004 Edition, up to and including the 2006 Addenda, must apply
paragraphs (b)(2)(viii)(E) through (G) of this section. Applicants or
licensees applying Subsection IWL, 2007 Edition up to and including the
2008 Addenda must apply paragraph (b)(2)(viii)(E) of this section.
Applicants or licensees applying Subsection IWL, 2007 Edition with the
2009 Addenda through the latest edition and addenda incorporated by
reference in paragraph (a)(1)(ii) of this section, must apply
paragraphs (b)(2)(viii)(H) and (I) of this section.
(A)-(D) [Reserved]
(E) Concrete containment examinations: Fifth provision. For Class
CC applications, the applicant or licensee must evaluate the
acceptability of inaccessible areas when conditions exist in accessible
areas that could indicate the presence of or the result in
[[Page 65152]]
degradation to such inaccessible areas. For each inaccessible area
identified, the applicant or licensee must provide the following in the
ISI Summary Report required by IWA-6000:
(1) A description of the type and estimated extent of degradation,
and the conditions that led to the degradation;
(2) An evaluation of each area, and the result of the evaluation;
and
(3) A description of necessary corrective actions.
(F) Concrete containment examinations: Sixth provision. Personnel
that examine containment concrete surfaces and tendon hardware, wires,
or strands must meet the qualification provisions in IWA-2300. The
``owner-defined'' personnel qualification provisions in IWL-2310(d) are
not approved for use.
(G) Concrete containment examinations: Seventh provision. Corrosion
protection material must be restored following concrete containment
post-tensioning system repair and replacement activities in accordance
with the quality assurance program requirements specified in IWA-1400.
(H) Concrete containment examinations: Eighth provision. For each
inaccessible area of concrete identified for evaluation under IWL-
2512(a), or identified as susceptible to deterioration under IWL-
2512(b), the licensee must provide the applicable information specified
in paragraphs (b)(2)(viii)(E)(1), (2), and (3) of this section in the
ISI Summary Report required by IWA-6000.
(I) Concrete containment examinations: Ninth provision. During the
period of extended operation of a renewed license under part 54 of this
chapter, the licensee must perform the technical evaluation under IWL-
2512(b) of inaccessible below-grade concrete surfaces exposed to
foundation soil, backfill, or groundwater at periodic intervals not to
exceed 5 years. In addition, the licensee must examine representative
samples of the exposed portions of the below-grade concrete, when such
below-grade concrete is excavated for any reason.
(ix) Section XI condition: Metal containment examinations.
Applicants or licensees applying Subsection IWE, 2001 Edition up to and
including the 2003 Addenda, must satisfy the requirements of paragraphs
(b)(2)(ix)(A) and (B), (F) through (I), and (K) of this section.
Applicants or licensees applying Subsection IWE, 2004 Edition, up to
and including the 2005 Addenda, must satisfy the requirements of
paragraphs (b)(2)(ix)(A) and (B), (F) through (H), and (K) of this
section. Applicants or licensees applying Subsection IWE, 2004 Edition
with the 2006 Addenda, must satisfy the requirements of paragraphs
(b)(2)(ix)(A)(2) and (b)(2)(ix)(B) and (K) of this section. Applicants
or licensees applying Subsection IWE, 2007 Edition through the 2015
Edition, must satisfy the requirements of paragraphs (b)(2)(ix)(A)(2)
and (b)(2)(ix)(B), (J), and (K) of this section. Applicants or
licensees applying Subsection IWE, 2017 Edition, through the latest
edition and addenda incorporated by reference in paragraph (a)(1)(ii)
of this section must satisfy the requirements of paragraphs
(b)(2)(ix)(A)(2) and (b)(2)(ix)(B) and (J) of this section.
(A) Metal containment examinations: First provision. For Class MC
applications, the following apply to inaccessible areas.
(1) The applicant or licensee must evaluate the acceptability of
inaccessible areas when conditions exist in accessible areas that could
indicate the presence of or could result in degradation to such
inaccessible areas.
(2) For each inaccessible area identified for evaluation, the
applicant or licensee must provide the following in the ISI Summary
Report as required by IWA-6000:
(i) A description of the type and estimated extent of degradation,
and the conditions that led to the degradation;
(ii) An evaluation of each area, and the result of the evaluation;
and
(iii) A description of necessary corrective actions.
(B) Metal containment examinations: Second provision. When
performing remotely the visual examinations required by Subsection IWE,
the maximum direct examination distance specified in Table IWA-2210-1
(2001 Edition through 2004 Edition) or Table IWA-2211-1 (2005 Addenda
through the latest edition and addenda incorporated by reference in
paragraph (a)(1) of this section) may be extended and the minimum
illumination requirements specified may be decreased provided that the
conditions or indications for which the visual examination is performed
can be detected at the chosen distance and illumination.
(C)-(E) [Reserved]
(F) Metal containment examinations: Sixth provision. VT-1 and VT-3
examinations must be conducted in accordance with IWA-2200. Personnel
conducting examinations in accordance with the VT-1 or VT-3 examination
method must be qualified in accordance with IWA-2300. The ``owner-
defined'' personnel qualification provisions in IWE-2330(a) for
personnel that conduct VT-1 and VT-3 examinations are not approved for
use.
(G) Metal containment examinations: Seventh provision. The VT-3
examination method must be used to conduct the examinations in Items
E1.12 and E1.20 of Table IWE-2500-1, and the VT-1 examination method
must be used to conduct the examination in Item E4.11 of Table IWE-
2500-1. An examination of the pressure-retaining bolted connections in
Item E1.11 of Table IWE-2500-1 using the VT-3 examination method must
be conducted once each interval. The ``owner-defined'' visual
examination provisions in IWE-2310(a) are not approved for use for VT-1
and VT-3 examinations.
(H) Metal containment examinations: Eighth provision. Containment
bolted connections that are disassembled during the scheduled
performance of the examinations in Item E1.11 of Table IWE-2500-1 must
be examined using the VT-3 examination method. Flaws or degradation
identified during the performance of a VT-3 examination must be
examined in accordance with the VT-1 examination method. The criteria
in the material specification or IWB-3517.1 must be used to evaluate
containment bolting flaws or degradation. As an alternative to
performing VT-3 examinations of containment bolted connections that are
disassembled during the scheduled performance of Item E1.11, VT-3
examinations of containment bolted connections may be conducted
whenever containment bolted connections are disassembled for any
reason.
(I) Metal containment examinations: Ninth provision. The ultrasonic
examination acceptance standard specified in IWE-3511.3 for Class MC
pressure-retaining components must also be applied to metallic liners
of Class CC pressure-retaining components.
(J) Metal containment examinations: Tenth provision. In general, a
repair/replacement activity such as replacing a large containment
penetration, cutting a large construction opening in the containment
pressure boundary to replace steam generators, reactor vessel heads,
pressurizers, or other major equipment; or other similar modification
is considered a major containment modification. When applying IWE-5000
to Class MC pressure-retaining components, any major containment
modification or repair/replacement must be followed by a Type A test to
provide assurance of both containment structural integrity and leak-
tight integrity prior to returning to service, in accordance with
[[Page 65153]]
appendix J to this part, Option A or Option B, on which the applicant's
or licensee's Containment Leak-Rate Testing Program is based. When
applying IWE-5000, if a Type A, B, or C Test is performed, the test
pressure and acceptance standard for the test must be in accordance
with appendix J to this part.
(K) Metal Containment Examinations: Eleventh provision. A general
visual examination of containment leak chase channel moisture barriers
must be performed once each interval, in accordance with the completion
percentages in Table IWE 2411-1 of the 2017 Edition. Examination shall
include the moisture barrier materials (caulking, gaskets, coatings,
etc.) that prevent water from accessing the embedded containment liner
within the leak chase channel system. Caps of stub tubes extending to
or above the concrete floor interface may be inspected, provided the
configuration of the cap functions as a moisture barrier as described
previously. Leak chase channel system closures need not be disassembled
for performance of examinations if the moisture barrier material is
clearly visible without disassembly, or coatings are intact. The
closures are acceptable if no damage or degradation exists that would
allow intrusion of moisture against inaccessible surfaces of the metal
containment shell or liner within the leak chase channel system.
Examinations that identify flaws or relevant conditions shall be
extended in accordance with paragraph IWE 2430 of the 2017 Edition.
(x) Section XI condition: Quality assurance. When applying the
editions and addenda later than the 1989 Edition of ASME BPV Code,
Section XI, licensees may use any edition or addenda of NQA-1,
``Quality Assurance Requirements for Nuclear Facility Applications,''
that is both incorporated by reference in paragraph (a)(1)(v) of this
section and specified in Table IWA 1600-1 of that edition and addenda
of Section XI, provided that the licensee uses its appendix B to this
part quality assurance program in conjunction with Section XI
requirements and the commitments contained in the licensee's quality
assurance program description. Where NQA-1 and Section XI do not
address the commitments contained in the licensee's appendix B quality
assurance program description, those licensee commitments must be
applied to Section XI activities.
(xi) [Reserved]
(xii) Section XI condition: Underwater welding. The provisions in
IWA-4660, ``Underwater Welding,'' of Section XI, 2001 Edition through
the latest edition and addenda incorporated by reference in paragraph
(a)(1)(ii) of this section, are approved for use on irradiated material
with the following conditions:
(A) Underwater welding: First provision. Licensees must obtain NRC
approval in accordance with paragraph (z) of this section regarding the
welding technique to be used prior to performing welding on ferritic
material exposed to fast neutron fluence greater than 1 x 10\17\ n/
cm\2\ (E > 1 MeV).
(B) Underwater welding: Second provision. Licensees must obtain NRC
approval in accordance with paragraph (z) of this section regarding the
welding technique to be used prior to performing welding on austenitic
material other than P-No. 8 material exposed to thermal neutron fluence
greater than 1 x 10\17\ n/cm\2\ (E < 0.5 eV). Licensees must obtain NRC
approval in accordance with paragraph (z) regarding the welding
technique to be used prior to performing welding on P-No. 8 austenitic
material exposed to thermal neutron fluence greater than 1 x 10\17\ n/
cm\2\ (E < 0.5 eV) and measured or calculated helium concentration of
the material greater than 0.1 atomic parts per million.
(xiii) [Reserved]
(xiv) Section XI condition: Appendix VIII personnel qualification.
All personnel qualified for performing ultrasonic examinations in
accordance with Appendix VIII must receive 8 hours of annual hands-on
training on specimens that contain cracks. Licensees applying the 2001
Edition through the latest edition and addenda incorporated by
reference in paragraph (a)(1)(ii) of this section may use the annual
practice requirements in VII-4240 of Appendix VII of Section XI in
place of the 8 hours of annual hands-on training provided that the
supplemental practice is performed on material or welds that contain
cracks, or by analyzing prerecorded data from material or welds that
contain cracks. In either case, training must be completed no earlier
than 6 months prior to performing ultrasonic examinations at a
licensee's facility.
* * * * *
(xviii) Section XI condition: NDE personnel certification--(A) NDE
personnel certification: First provision. Level I and II nondestructive
examination personnel must be recertified on a 3-year interval in lieu
of the 5-year interval specified in IWA-2314(a) and IWA-2314(b) of the
2001 Edition through the latest edition and addenda incorporated by
reference in paragraph (a)(1)(ii) of this section.
(B) NDE personnel certification: Second provision. When applying
editions and addenda prior to the 2007 Edition of Section XI, paragraph
IWA-2316 may only be used to qualify personnel that observe leakage
during system leakage and hydrostatic tests conducted in accordance
with IWA 5211(a) and (b).
(C) NDE personnel certification: Third provision. When applying
editions and addenda prior to the 2005 Addenda of Section XI,
licensee's qualifying visual examination personnel for VT-3 visual
examination under paragraph IWA-2317 of Section XI must demonstrate the
proficiency of the training by administering an initial qualification
examination and administering subsequent examinations on a 3-year
interval.
(D) NDE personnel certification: Fourth provision. The use of
Appendix VII, Table VII-4110-1 and Appendix VIII, Subarticle VIII-2200
of the 2011 Addenda through the latest edition incorporated by
reference in paragraph (a)(1)(ii) of this section is prohibited. When
using ASME BPV Code, Section XI editions and addenda later than the
2010 Edition, licensees and applicants must use the prerequisites for
ultrasonic examination personnel certifications in Appendix VII, Table
VII-4110-1 and Appendix VIII, Subarticle VIII-2200 in the 2010 Edition.
(1) As an alternative to Note (c) in Table VII-4110-1 of ASME BPV
Code, Section XI, 2010 Edition, the 250 hours of Level I experience
time may be reduced to 175 hours, if the experience time includes a
minimum of 125 hours of field experience and 50 hours of laboratory
practice beyond the requirements of for training in accordance with
Appendix VII Subarticle 4220, provided those practice hours are
dedicated to the Level I or Level II skill areas as described in ANSI/
ASNT CP-189.
(2) As an alternative to Note (d) in Table VII-4110-1 of ASME BPV
Code, Section XI, 2010 Edition, the 800 hours of Level II experience
time may be reduced to 720 hours, if the experience time includes a
minimum of 400 hours of field experience and a minimum of 320 hours of
laboratory practice. The practice must be dedicated to scanning
specimens containing flaws in materials representative of those in
actual power plant components. Additionally, for Level II
Certification, the candidate must pass a Mandatory Appendix VIII,
Supplement 2 performance demonstration for detection and length sizing.
(xix) Section XI condition: Substitution of alternative methods.
The provisions for substituting alternative examination methods, a
combination of
[[Page 65154]]
methods, or newly developed techniques in the 1997 Addenda of IWA-2240
must be applied when using the 2001 Edition through the 2004 Edition of
Section XI of the ASME BPV Code. The provisions in IWA-4520(c), 2001
Edition through the 2004 Edition, allowing the substitution of
alternative methods, a combination of methods, or newly developed
techniques for the methods specified in the Construction Code, are not
approved for use. The provisions in IWA-4520(b)(2) and IWA-4521 of the
2008 Addenda through the latest edition and addenda incorporated by
reference in paragraph (a)(1)(ii) of this section, allowing the
substitution of ultrasonic examination for radiographic examination
specified in the Construction Code, are not approved for use.
(xx) Section XI condition: System leakage tests--(A) System leakage
tests: First provision. When performing system leakage tests in
accordance with IWA-5213(a), 2001 Edition through 2002 Addenda, the
licensee must maintain a 10-minute hold time after test pressure has
been reached for Class 2 and Class 3 components that are not in use
during normal operating conditions. No hold time is required for the
remaining Class 2 and Class 3 components provided that the system has
been in operation for at least 4 hours for insulated components or 10
minutes for uninsulated components.
(B) System leakage tests: Second provision. The nondestructive
examination method and acceptance criteria of the 1992 Edition or later
of Section III shall be met when performing system leakage tests (in
lieu of a hydrostatic test) in accordance with IWA-4520 after repair
and replacement activities performed by welding or brazing on a
pressure retaining boundary using the 2003 Addenda through the latest
edition and addenda of Section XI incorporated by reference in
paragraph (a)(1)(ii) of this section. The nondestructive examination
and pressure testing may be performed using procedures and personnel
meeting the requirements of the licensee's/applicant's current ISI code
of record.
(C) System leakage tests: Third provision. The use of the
provisions for an alternative BWR pressure test at reduced pressure to
satisfy IWA-4540 requirements as described in IWB-5210(c) of Section
XI, 2017 Edition and IWA-5213(b)(2) and IWB-5221(d) of Section XI, 2017
Edition through the latest edition incorporated by reference in
paragraph (a)(1)(ii) of this section may be used subject to the
following conditions:
(1) The use of nuclear heat to conduct the BWR Class 1 system
leakage test is prohibited (i.e., the reactor must be in a non-critical
state), except during refueling outages in which the ASME Section XI
Category B-P pressure test has already been performed, or at the end of
mid-cycle maintenance outages fourteen (14) days or less in duration.
(2) In lieu of the test condition holding time of IWA-5213(b)(2),
after pressurization to test conditions, and before the visual
examinations commence, the holding time shall be 1 hour for non-
insulated components.
(xxi) Section XI condition: Table IWB-2500-1 examination
requirements. (A) [Reserved]
(B) Table IWB-2500-1 examination. Use of the provisions of IWB-
2500(f) and (g) and Table IWB-2500-1 Notes 6 and 7 of Section XI, 2017
Edition through the latest edition incorporated by reference in
paragraph (a)(1)(ii) of this section, for examination of Examination
Category B-D Item Numbers B3.90 and B3.100 shall be subject to the
following conditions:
(1) A plant-specific evaluation demonstrating the criteria of IWB-
2500(f) are met must be maintained in accordance with IWA-1400(l).
(2) The use of the provisions of IWB-2500(f) and Table IWB-2500-1
Note 6 for examination of Examination Category B-D Item Numbers B3.90
is prohibited for plants with renewed licenses in accordance with 10
CFR part 54.
(3) The provisions of IWB-2500(g) and Table IWB-2500-1 Notes 6 and
7 for examination of Examination Category B-D Item Numbers B3.90 and
B3.100 shall not be used to eliminate the preservice or inservice
volumetric examination of plants with a Combined Operating License
pursuant to 10 CFR part 52, or a plant that receives its operating
license after October 22, 2015.
* * * * *
(xxv) Section XV Condition: Mitigation of defects by modification.
Use of the provisions of IWA-4340 must be subject to the following
conditions:
(A) Mitigation of defects by modification: First person. The use of
the provisions for mitigation of defects by modification in IWA-4340 of
Section XI 2001 Edition through the 2010 Addenda, is prohibited.
(B) Mitigation of defects by modification: Second provision. The
provisions for mitigation of defects by modification in IWA-4340 of
Section XI, 2011 Edition through the latest edition incorporated by
reference in paragraph (a)(1)(ii) of this section, may be used subject
to the following conditions:
(1) The use of the provisions in IWA 4340 to mitigate crack-like
defects or those associated with flow accelerated corrosion are
prohibited.
(2) The design of a modification that mitigates a defect must
incorporate a loss of material rate either 2 times the actual measured
corrosion rate, which must be established based on wall thickness
measurements conducted at least twice, in that pipe location or another
location with similar corrosion conditions, similar flow
characteristics, and the same piping configuration (e.g., straight run
of pipe, elbow, tee) as the encapsulated area, or 4 times the estimated
maximum corrosion rate for the piping system.
(3) The licensee must perform a wall thickness examination in the
vicinity of the modification and relevant pipe base metal at half its
expected life or, if the modification has an expected life greater than
19 years, once per interval starting with the interval subsequent to
the mitigation, and the results must be used to confirm corrosion
rates, determine the next inspection date, and confirm the design
inputs.
(i) For buried pipe locations where the loss of material has
occurred due to internal corrosion, the wall thickness examinations may
be conducted at a different location in the same system as long as:
Wall thickness measurements were conducted at the different location at
the same time as installation of the modification; the flow rate is the
same or higher at the different location; the piping configuration is
the same (e.g., straight run of pipe, elbow, tee); and if pitting
occurred at the modification location, but not the different location,
wall loss values must be multiplied by four (instead of two) times the
actual measured corrosion rate. Where wall loss values are greater than
that assumed during the design of the modification, the structural
integrity of the modification must be reanalyzed. Additionally, if the
extent of degradation is different (i.e., percent wall loss plus or
minus 25 percent) or the corrosion mechanism (e.g., general, pitting)
is not the same at the different location as at the modification
location, the modification must be examined at half its expected life
or 10 years, whichever is sooner.
(ii) For buried pipe locations where loss of material has occurred
due to external corrosion, the modification must be examined at half
its expected life or 10 years, whichever is sooner. Alternatively, when
the modification has been recoated prior to return to service, the
modification may be examined at half its expected life or during the
subsequent 10-year
[[Page 65155]]
inspection interval after installation, whichever is sooner.
(xxvi) Section XI condition: Pressure Testing of Class 1, 2, and 3
Mechanical Joints. Mechanical joints in Class 1, 2, and 3 piping and
components greater than NPS-1 that are disassembled and reassembled
during the performance of a Section XI repair/replacement activity
requiring documentation on a Form NIS-2 must be verified to be leak
tight. The verification must be performed to the standards of the
licensee's appendix B to this part quality assurance program.
* * * * *
(xxix) Section XI condition: Nonmandatory Appendix R. (A)
Nonmandatory Appendix R, ``Risk-Informed Inspection Requirements for
Piping Supplement 1--Risk-Informed Selection Process--Method A,'' of
Section XI, 2005 Addenda through the latest edition and addenda
incorporated by reference in paragraph (a)(1)(ii) of this section, may
not be implemented without prior NRC authorization of the proposed
alternative in accordance with paragraph (z) of this section.
(B) Nonmandatory Appendix R, ``Risk-Informed Inspection
Requirements for Piping, Supplement 2--Risk-Informed Selection
Process--Method B'' of Section XI, 2005 Addenda through the 2015
Edition, may not be implemented without prior NRC authorization of the
proposed alternative in accordance with paragraph (z) of this section.
(C) Nonmandatory Appendix R, ``Risk-Informed Inspection
Requirements for Piping, Supplement 2--Risk-Informed Selection
Process--Method B'' of Section XI, 2017 Edition through the latest
edition and addenda incorporated by reference in paragraph (a)(1)(ii)
of this section, may be implemented without prior NRC authorization of
the proposed alternative in accordance with paragraph (z) of this
section.
* * * * *
(xxxii) Section XI condition: Summary report submittal. When using
ASME BPV Code, Section XI, 2010 Edition through the latest edition and
addenda incorporated by reference in paragraph (a)(1)(ii) of this
section, Summary Reports and Owner's Activity Reports described in IWA-
6230 must be submitted to the NRC. Preservice inspection reports for
examinations prior to commercial service must be submitted prior to the
date of placement of the unit into commercial service. For preservice
and inservice examinations performed following placement of the unit
into commercial service, reports must be submitted within 120 calendar
days of the completion of each refueling outage.
* * * * *
(xxxvi) Section XI condition: Fracture toughness of irradiated
materials. When using the 2013 Edition through the latest edition
incorporated by reference in paragraph (a)(1)(ii) of this section of
the ASME BPV Code, Section XI, Appendix A paragraph A-4400, the
licensee shall obtain NRC approval under paragraph (z) of this section
before using irradiated T0 and the associated
RTT0 in establishing fracture toughness of irradiated
materials.
* * * * *
(xxxix) Section XI condition: Defect Removal. The use of the
provisions for removal of defects by welding or brazing in IWA-
4421(c)(1) and IWA-4421(c)(2) of Section XI, 2017 Edition through the
latest edition incorporated by reference in paragraph (a)(1)(ii) of
this section may be used subject to the following conditions:
(A) Defect removal requirements: First provision. The provisions of
subparagraph IWA 4421(c)(1) shall not be used to contain or isolate a
defective area without removal of the defect.
(B) Defect removal requirements: Second provision. The provisions
of subparagraph IWA-4421(c)(2) shall not be used for crack-like
defects.
* * * * *
(xliii) Section XI condition: Section XI Condition: Regulatory
Submittal Requirements. Licensees shall submit for NRC review and
approval the following analyses:
(A) The analytical evaluation determining the effects of an out-of-
limit condition on the structural integrity of the Reactor Coolant
System, as described in IWB-3720(a);
(B) Determination of T0 and RTT0, as
described in Nonmandatory Appendix A, A-4200(c); and
(C) Determination of T0 and RTT0, as
described in Nonmandatory Appendix G, G-2110(c).
(3) * * *
(iii) OM condition: New reactors. In addition to complying with the
provisions in the ASME OM Code with the conditions specified in
paragraph (b)(3) of this section, holders of operating licenses for
nuclear power reactors that received construction permits under this
part on or after August 17, 2018, and holders of combined licenses
issued under 10 CFR part 52, whose initial fuel loading occurs on or
after August 17, 2018, must also comply with the following conditions,
as applicable:
(A) Power-operated valves. Licensees must periodically verify the
capability of power-operated valves to perform their design-basis
safety functions.
(B) Check valves. Licensees must perform bi-directional testing of
check valves within the IST program where practicable.
(C) Flow-induced vibration. Licensees must monitor flow-induced
vibration from hydrodynamic loads and acoustic resonance during
preservice testing or inservice testing to identify potential adverse
flow effects on components within the scope of the IST program.
(D) High risk non-safety systems. Licensees must assess the
operational readiness of pumps, valves, and dynamic restraints within
the scope of the Regulatory Treatment of Non-Safety Systems for
applicable reactor designs.
* * * * *
(viii) OM condition: Subsection ISTE. Licensees may not implement
the risk-informed approach for inservice testing (IST) of pumps and
valves specified in Subsection ISTE, ``Risk-Informed Inservice Testing
of Components in Light-Water Reactor Nuclear Power Plants,'' in the
ASME OM Code, 2009 Edition through the 2017 Edition, without first
obtaining NRC authorization to use Subsection ISTE as an alternative to
the applicable IST requirements in the ASME OM Code, pursuant to
paragraph (z) of this section.
(ix) OM condition: Subsection ISTF. Licensees applying Subsection
ISTF, 2012 Edition must satisfy the requirements of Mandatory Appendix
V, ``Pump Periodic Verification Test Program,'' of the ASME OM Code in
that edition.
(x) [Reserved]
(xi) OM condition: Valve Position Indication. When implementing
paragraph ISTC-3700, ``Position Verification Testing,'' in the ASME OM
Code, 2012 Edition through the latest edition of the ASME OM Code
incorporated by reference in paragraph (a)(1)(iv) of this section,
licensees must verify that valve operation is accurately indicated by
supplementing valve position indicating lights with other indications,
such as flow meters or other suitable instrumentation to provide
assurance of proper obturator position for valves with remote position
indication within the scope of Subsection ISTC including its mandatory
appendices and their verification methods and frequencies. For valves
not susceptible to stem-disk separation, licensees may implement ASME
OM Code Case OMN-28, ``Alternative Valve Position Verification Approach
to Satisfy ISTC-3700 for Valves Not Susceptible to Stem-Disk
Separation,'' which is incorporated by
[[Page 65156]]
reference in paragraph (a)(1)(iii)(H) of this section. Where plant
conditions make it impractical to perform the initial ISTC-3700 test as
supplemented by paragraph (b)(3)(xi) of this section by the date 2
years following the previously performed ISTC-3700 test, a licensee may
justify an extension of this initial supplemental valve position
verification provided the ISTC-3700 test as supplemented by paragraph
(b)(3)(xi) of this section is performed at the next available
opportunity and no later than the next plant shutdown. This one-time
extension of the ISTC-3700 test schedule as supplemented by paragraph
(b)(3)(xi) of this section is acceptable provided the licensee has
available for NRC review documented justification based on information
obtained over the previous 5 years of the structural integrity of the
stem-disk connection for the applicable valves. The licensee's
justification could be based on, for example, verification of the valve
stem-disk connection through an appropriate weak link analysis,
appropriate disk motion confirmed during diagnostic testing, or
allowance and cessation of flow through the valves. The licensee's
justification must provide reasonable assurance that the remote
indicating lights accurately reveal the position of the valve obturator
until the next ISTC-3700 test as supplemented by paragraph (b)(3)(xi)
of this section is performed.
* * * * *
(f) * * *
(4) Inservice testing standards requirement for operating plants.
Throughout the service life of a boiling or pressurized water-cooled
nuclear power facility, pumps and valves that are within the scope of
the ASME OM Code must meet the inservice test requirements (except
design and access provisions) set forth in the ASME OM Code and addenda
that become effective subsequent to editions and addenda specified in
paragraphs (f)(2) and (3) of this section and that are incorporated by
reference in paragraph (a)(1)(iv) of this section, to the extent
practical within the limitations of design, geometry, and materials of
construction of the components. The inservice test requirements for
pumps and valves that are within the scope of the ASME OM Code but are
not classified as ASME BPV Code Class 1, Class 2, or Class 3 may be
satisfied as an augmented IST program. This use of an augmented IST
program is acceptable without prior NRC approval provided the basis for
deviations from the ASME OM Code, as incorporated by reference in this
section, demonstrates an acceptable level of quality and safety, or
that implementing the Code provisions would result in hardship or
unusual difficulty without a compensating increase in the level of
quality and safety, where documented and available for NRC review. When
using the 2006 Addenda or later of the ASME BPV Code, Section XI, the
inservice examination, testing, and service life monitoring
requirements for dynamic restraints (snubbers) must meet the
requirements set forth in the applicable ASME OM Code as specified in
paragraph (b)(3)(v)(B) of this section. When using the 2005 Addenda or
earlier edition or addenda of the ASME BPV Code, Section XI, the
inservice examination, testing, and service life monitoring
requirements for dynamic restraints (snubbers) must meet the
requirements set forth in either the applicable ASME OM Code or ASME
BPV Code, Section XI as specified in paragraph (b)(3)(v) of this
section.
(i) Applicable IST Code: Initial 120-month interval. Inservice
tests to verify operational readiness of pumps and valves, whose
function is required for safety, conducted during the initial 120-month
interval must comply with the requirements in the latest edition and
addenda of the ASME OM Code incorporated by reference in paragraph
(a)(1)(iv) of this section on the date 18 months before the date of
issuance of the operating license under this part, or 18 months before
the date scheduled for initial loading of fuel under a combined license
under part 52 of this chapter (or the optional ASME OM Code Cases
listed in NRC Regulatory Guide 1.192, as incorporated by reference in
paragraph (a)(3)(iii) of this section, subject to the conditions listed
in paragraph (b) of this section).
(ii) Applicable IST Code: Successive 120-month intervals. Inservice
tests to verify operational readiness of pumps and valves, whose
function is required for safety, conducted during successive 120-month
intervals must comply with the requirements of the latest edition and
addenda of the ASME OM Code incorporated by reference in paragraph
(a)(1)(iv) of this section 18 months before the start of the 120-month
interval (or the optional ASME Code Cases listed in NRC Regulatory
Guide 1.147 or NRC Regulatory Guide 1.192 as incorporated by reference
in paragraphs (a)(3)(ii) and (iii) of this section, respectively),
subject to the conditions listed in paragraph (b) of this section.
(iii) [Reserved]
(iv) Applicable IST Code: Use of later Code editions and addenda.
Inservice tests of pumps and valves may meet the requirements set forth
in subsequent editions and addenda that are incorporated by reference
in paragraph (a)(1)(iv) of this section, subject to the conditions
listed in paragraph (b) of this section, and subject to NRC approval.
Portions of editions or addenda may be used, provided that all related
requirements of the respective editions or addenda are met.
* * * * *
(7) Inservice testing reporting requirements. Inservice Testing
Program Test and Examination Plans (IST Plans) for pumps, valves, and
dynamic restraints (snubbers) prepared to meet the requirements of the
ASME OM Code must be submitted to the NRC as specified in Sec. 50.4.
IST Plans must be submitted within 90 days of their implementation for
the applicable 120-month IST Program interval. Electronic submission is
preferred.
(g) * * *
(4) Inservice inspection standards requirement for operating
plants. Throughout the service life of a boiling or pressurized water-
cooled nuclear power facility, components (including supports) that are
classified as ASME Code Class 1, Class 2, and Class 3 must meet the
requirements, except design and access provisions and preservice
examination requirements, set forth in Section XI of editions and
addenda of the ASME BPV Code that become effective subsequent to
editions specified in paragraphs (g)(2) and (3) of this section and
that are incorporated by reference in paragraph (a)(1)(ii) or (iv) of
this section for snubber examination and testing of this section, to
the extent practical within the limitations of design, geometry, and
materials of construction of the components. Components that are
classified as Class MC pressure retaining components and their integral
attachments, and components that are classified as Class CC pressure
retaining components and their integral attachments, must meet the
requirements, except design and access provisions and preservice
examination requirements, set forth in Section XI of the ASME BPV Code
and addenda that are incorporated by reference in paragraph (a)(1)(ii)
of this section subject to the condition listed in paragraph (b)(2)(vi)
of this section and the conditions listed in paragraphs (b)(2)(viii)
and (ix) of this section, to the extent practical within the limitation
of design, geometry, and materials of construction of the components.
When using the 2006 Addenda or later of the ASME BPV Code, Section XI,
the inservice examination, testing, and service life monitoring
requirements for dynamic restraints (snubbers) must meet the
requirements set forth in the
[[Page 65157]]
applicable ASME OM Code as specified in paragraph (b)(3)(v)(B) of this
section. When using the 2005 Addenda or earlier edition or addenda of
the ASME BPV Code, Section XI, the inservice examination, testing, and
service life monitoring requirements for dynamic restraints (snubbers)
must meet the requirements set forth in either the applicable ASME OM
Code or ASME BPV Code, Section XI as specified in paragraph (b)(3)(v)
of this section.
* * * * *
Dated October 20, 2022.
For the Nuclear Regulatory Commission.
Andrea D. Veil,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 2022-23226 Filed 10-26-22; 8:45 am]
BILLING CODE 7590-01-P