[Federal Register Volume 88, Number 151 (Tuesday, August 8, 2023)]
[Proposed Rules]
[Pages 53384-53402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16686]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 88 , No. 151 / Tuesday, August 8, 2023 /
Proposed Rules
[[Page 53384]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 50
[NRC-2018-0289]
RIN 3150-AK21
American Society of Mechanical Engineers 2021-2022 Code Editions
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to
amend its regulations to incorporate by reference the 2021 Edition of
the American Society of Mechanical Engineers Boiler and Pressure Vessel
Code and the 2022 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. 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. This amendment also incorporates editorial changes that do
not change the technical information.
DATES: Submit comments by October 23, 2023. Comments received after
this date will be considered if it is practical to do so, but the NRC
is able to ensure consideration only for comments received on or before
this date.
ADDRESSES: You may submit comments by any of the following methods
(unless this document describes a different method for submitting
comments on a specific subject); however, the NRC encourages electronic
comment submission through the Federal rulemaking website:
Federal rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2018-0289. 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.
Email comments to: [email protected]. If you do
not receive an automatic email reply confirming receipt, then contact
us at 301-415-1677.
Fax comments to: Secretary, U.S. Nuclear Regulatory
Commission at 301-415-1101.
Mail comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and
Adjudications Staff.
Hand deliver comments to: 11555 Rockville Pike, Rockville,
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (eastern time) Federal
workdays; telephone: 301-415-1677.
For additional direction on obtaining information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Tyler Hammock, Office of Nuclear
Material Safety and Safeguards, telephone: 301-415-1381, email:
[email protected] and 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 proposing to amend its regulations to incorporate by
reference the 2021 Edition of the American Society of Mechanical
Engineers (ASME) Boiler and Pressure Vessel Code (BPV Code) and the
2022 Edition of the ASME Operation and Maintenance of Nuclear Power
Plants, Division 1: OM Code: Section IST (OM Code), for nuclear power
plants.
The ASME periodically revises and updates its Codes for nuclear
power plants by issuing new editions; this proposed rule is in
accordance with the NRC's practice to incorporate those new editions
into the NRC's regulations. This proposed 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 BPV and OM Codes (ASME Codes). The
ASME is a voluntary consensus standards organization, and the 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 XIII
of this document, ``Voluntary Consensus Standards.''
B. Major Provisions
Major provisions of this proposed rule include the incorporation by
reference with conditions of the following ASME Codes into NRC
regulations and delineation of NRC requirements for the use of these
Codes:
The 2021 Edition of the BPV Code
The 2022 Edition of the OM Code
C. Costs and Benefits
The NRC prepared a draft regulatory analysis to determine the
expected costs and benefits of this proposed rule. The regulatory
analysis identifies costs and benefits in both a quantitative fashion
as well as in a qualitative fashion.
The analysis concludes that this proposed rule would result in a
net quantitative averted cost to the industry and a net cost to the
NRC. This proposed rule, relative to the regulatory baseline, would
result in a net averted cost for industry of $0.65 million based on a
7-percent net present value (NPV) and $0.72 million based on a 3-
percent NPV. This proposed rule, relative to the regulatory baseline,
would result in a net cost to the NRC of $44 thousand based on a 7-
percent NPV to $10 thousand based on a 3-percent NPV. Qualitative
factors that were considered include regulatory stability and
predictability, regulatory efficiency, and consistency with the NTTAA.
The regulatory analysis shows that the rulemaking is justified because
the total quantified benefits of the proposed regulatory action exceed
the costs of the proposed 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 costs.
[[Page 53385]]
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 proposed
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
the 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 undergo extensive external
review before the NRC considers whether to incorporate them by
reference. 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 draft regulatory analysis
(Accession No. ML23032A316 in the NRC's Agencywide Documents Access and
Management System (ADAMS)).
Table of Contents
I. Obtaining Information and Submitting Comments
A. Obtaining Information
B. Submitting Comments
II. Background
III. Discussion
A. ASME BPV Code, Section III
B. ASME BPV Code, Section XI
C. ASME OM Code
D. Editorial Correction
IV. Specific Requests for Comments
V. Section-by-Section Analysis
VI. Regulatory Flexibility Certification
VII. Regulatory Analysis
VIII. Backfitting and Issue Finality
IX. Generic Aging Lessons Learned Report
X. Plain Writing
XI. Environmental Assessment and Final Finding of No Significant
Environmental Impact
XII. Paperwork Reduction Act Statement
XIII. Voluntary Consensus Standards
XIV. Public Meeting
XV. Incorporation by Reference--Reasonable Availability to
Interested Parties
XVI. Availability of Documents
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2018-0289 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-2018-0289.
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 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
a.m. and 4 p.m. eastern time, Monday through Friday, except Federal
holidays.
B. Submitting Comments
The NRC encourages electronic comment submission through the
Federal rulemaking website (https://www.regulations.gov). Please
include Docket ID NRC-2018-0289 in your comment submission.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at
https://www.regulations.gov as well as enter the comment submissions
into ADAMS. The NRC does not routinely edit comment submissions to
remove identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment into ADAMS.
II. Background
The American Society of Mechanical Engineers 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 OM Code,\1\ which contains requirements for
inservice testing (IST) of nuclear power plant components. Until 2012,
the 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, the 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 (no 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. The revisions to the 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 Operation and
Maintenance of Nuclear Power Plants have had different titles from
2005 to 2019 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 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 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 of the ASME BPV and OM
[[Page 53386]]
Codes were last incorporated by reference into the NRC's regulations in
a final rule dated October 27, 2022 (87 FR 65128).
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 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. If
the NRC believes that there is a significant technical or regulatory
concern with a provision in an ASME-approved Code edition being
considered for incorporation by reference, then the NRC conditions the
use of that provision when it incorporates by reference that ASME Code
edition 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 the 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 conditions are included in Sec. 50.55a,
typically in paragraph (b) of that section. In a Staff Requirements
Memorandum dated September 10, 1999 (ML003755050), the Commission
indicated that NRC rulemakings adopting (incorporating by reference) a
voluntary consensus standard must identify and justify each part of the
standard that is not adopted. For this proposed rule, the provisions of
the 2021 Edition of Section III, Division 1; the 2021 Edition of
Section XI, Division 1, of the ASME BPV Code; and the 2022 Edition of
the ASME OM Code that the NRC are not adopting, or are 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 Code Cases that
are the subject of this proposed 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 XIII of this
document, ``Voluntary Consensus Standards.''
III. Discussion
The NRC regulations incorporate by reference ASME Codes for nuclear
power plants. This proposed 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 proposed
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 of 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 proposed rule. First, the NRC
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. Second, the NRC's committee representatives
discuss the Codes and technical justifications with other cognizant
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
proposed 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 editions, 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 reviewed changes to the Codes in the editions identified in
this proposed rule. The NRC concluded, in accordance with the process
for review of changes to the Codes, that these editions of the Codes
are technically adequate, consistent with current NRC regulations, and
approved for use with the specified conditions upon the conclusion of
the rulemaking process.
The NRC is proposing to amend its regulations to incorporate by
reference:
The 2021 Editions of the ASME BPV Code, Section III,
Division 1 and Section XI, Division 1, with conditions on their use.
The 2022 Edition of Division 1 of the ASME OM Code, with
conditions on its 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 2019
Edition (Division 1), subject to the conditions identified in current
Sec. 50.55a(b)(1)(i) through (xiii). This proposed rule would revise
Sec. 50.55a(a)(1)(i) to incorporate by reference the 2021 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, 1974 Edition through the 1975
Summer Addenda, the 1995 Edition (Division 1) through the 1997 Addenda
(Division 1), and the 2001 Edition (Division 1) through the 2019
Edition (Division 1), subject to the conditions identified in current
Sec. 50.55a(b)(2)(i) through (xliii). This proposed rule would revise
Sec. 50.55a(a)(1)(ii) to incorporate by reference the 2021 Edition
(Division 1) of the ASME BPV Code, Section XI. It would also clarify
the wording and add, remove, or revise some of the conditions as
explained in this proposed rule.
The current regulations in Sec. 50.55a(a)(1)(iv) incorporate by
reference ASME OM Code, 1995 Edition through the 2020 Edition (with
some omissions of specific editions and addenda), subject to the
conditions currently identified in Sec. 50.55a(b)(3)(i) through (xi).
This proposed rule would revise Sec. 50.55a(a)(1)(iv) to incorporate
by reference the 2022 Edition of Division 1 of the ASME OM Code.
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. Each of
the proposed NRC conditions and the reasons for each are discussed in
the following sections
[[Page 53387]]
of this document. The discussions are organized under the applicable
ASME Code and Section.
The NRC prepared an unofficial redline strikeout version of the
proposed changes to regulatory text that is intended to help the reader
identify the proposed changes. The unofficial redline strikeout version
of the proposed rule is publicly available and is listed in the
``Availability of Documents'' 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 proposes to revise Sec. 50.55a(a)(1)(i)(E) to incorporate
by reference the 2021 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 NRC 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 proposed rule would
revise the introductory text to Sec. 50.55a(a)(1)(i)(E) to reference
the 2021 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)(iv) Section III Condition: Quality Assurance
The NRC proposes to incorporate by reference Subsection NCA of 2021
Edition BPV Code, ASME Section III with the exception that Subpart 2.19
in NQA-1-2017, NQA-1-2019 and NQA-1-2022 is not approved for use.
With regards to the implementation of NCA-3126, NCA-3127, NCA-
4255.3, and NCA-4254.3 for the procurement of calibration and testing
services, the NRC reminds the users of the ASME Code that the
procurement of commercial grade calibration and testing services
remains subject to NRC requirements in 10 CFR part 21 and in appendix B
to 10 CFR part 50.
For implementation of procurement of calibration and testing
services, the NRC recently proposed a draft regulatory guide (DG), DG-
1403, ``Quality Assurance Program Criteria (Design and Construction)''
(ML22304A054) that would, among other things, endorse Nuclear Energy
Institute (NEI) 14-05A, ``Guidelines for the Use of Accreditation in
Lieu of Commercial Grade Surveys for Procurement of Laboratory
Calibration and Test Services,'' Revision 1, issued November 2020 (88
FR 27713). As described in the DG licensees and suppliers of basic
components can take credit for the ILAC accreditation process as
described in NEI 14-05A Revision 1 in lieu of performing on-site
commercial-grade surveys as part of the commercial-grade dedication of
calibration and testing services. The NRC's proposed endorsement would
be for use of NEI 14-05A Revision 1 in lieu of Subpart 2.19 in NQA-1-
2017, NQA-1-2019 and NQA-1-2022, which DG-1403 found to not incorporate
the controls and conditions necessary for use. Specifically, Subpart
2.19 allows the laboratory accreditation to be performed remotely,
which the NRC has determined is not adequate to meet the requirements
of appendix B to 10 CFR part 50. Therefore, the NRC is proposing a
condition to prohibit the use of Subpart 2.19 in NQA-1-2017.
Section 50.55a(b)(1)(vi) Section III Condition: Subsection NH
The NRC proposes to revise this condition to change the word
``sleeves'' to ``sheaths'' and to note that this condition is not
applicable to the 2015 Edition and later editions as Subsection NH has
been deleted from Section III Division 1.
Section 50.55a(b)(1)(xi) Section III Condition: Mandatory Appendix XXVI
The NRC proposes to revise this condition. 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 first provision, as noted in
50.55a(b)(1)(xi)(A). When applying the 2015 through 2021 Editions of
Section III, Mandatory Appendix XXVI, ``Rules for Construction of Class
3 Buried Polyethylene Pressure Piping,'' applicants or licensees must
meet the second provision, as noted in 50.55a(b)(1)(xi)(B). When
applying the 2017 Edition of Section III, Mandatory Appendix XXVI,
``Rules for Construction of Class 3 Buried Polyethylene Pressure
Piping,'' applicants or licensees must meet the third provision, as
noted in 50.55a(b)(1)(xi)(C).
Section 50.55a(b)(1)(xiii) Section III Condition: Preservice Inspection
of Steam Generator Tubes
The NRC proposes to revise Sec. 50.55a(b)(1)(xiii) including the
first provision, Sec. 50.55a(b)(1)(xiii)(A), and second provision,
Sec. 50.55a(b)(1)(xiii)(B), to extend the applicability of the
conditions through the latest edition of the ASME BPV Code, Section III
incorporated by reference in paragraph (a)(1)(i). The 2021 Edition of
Section III was not updated to include the provisions of this
condition. Therefore, the NRC is proposing to revise this condition to
apply to the latest edition incorporated by reference.
Section 50.55a(b)(1)(xiv) Section III Condition: Repairs to Stamped
Components
The NRC is proposing to add a condition that if Nonmandatory
Appendix NN is used for the elimination of surface defects and repairs
of stamped components prior to the completion of Form N-3 Data Report,
all applicable requirements of Nonmandatory Appendix NN shall be met.
The 2021 Edition included Nonmandatory Appendix NN and stated in the
provisions of NCA-8151 and NCA-8500 in the 2021 Edition of Section III
that guidance for the elimination of surface defects and repairs of
stamped components prior to the completion of Form N-3 Data Report is
contained within Nonmandatory Appendix NN.
The section titled ``Organization of Section III'' within Section
III and the ``Introduction'' to Section III Appendices state that
``Mandatory Appendices are referred to in the Section III rules and
contain requirements that must be followed in construction.
Nonmandatory Appendices provide additional information or guidance when
using Section III.'' In addition, Nonmandatory Appendix NN states,
``This Appendix provides guidance for the removal of external surface
defects from piping, pumps, and valves and performing repairs to
stamped components after certification and prior to completion of the
N-3 Data Report.'' It should also be noted that the NRC only endorses
Mandatory Appendices of Section III to the ASME Code in the regulations
(Sec. 50.55a).
[[Page 53388]]
Since this Nonmandatory Appendix is not required to be followed by
the ASME Code, all or none of the requirements proposed in the appendix
may be performed and the certificate holder or owner potentially could
make repairs that do not meet the code requirements, introduce flaws or
retain defects, or not disposition defects that can compromise the
structural integrity of the component and not properly document the
repair. It should be noted that Nonmandatory Appendix NN was developed
by combining Code Cases N-801-3 and N-870-1 into the Nonmandatory
Appendix NN. NRC approved Code Cases N-801-3 and N-870-1 in RG 1.84,
Revision 39. Licensees that used Code Cases N-801-3 and N-870-1 were
required to meet all the requirements in the applicable Code Cases. The
NRC considers the information in Nonmandatory Appendix NN as
requirements, consistent with the Code Cases, that are necessary to
ensure certificate holders make satisfactory repairs to stamped ASME
Code, Section III components. Therefore, the NRC is adding Sec.
50.55a(b)(1)(xiv) to condition the provision of NCA-8151, NCA-8500, and
Nonmandatory Appendix NN to require that all the requirements in
Nonmandatory Appendix NN shall be met when used.
B. ASME BPV Code, Section XI
Section 50.55a(a)(1)(ii) ASME Boiler and Pressure Vessel Code, Section
XI
The NRC proposes to amend the regulations in Sec.
50.55a(a)(1)(ii)(C) to incorporate by reference the 2021 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 1974 Edition through the 1975 Summer Addenda, the 1995
Edition (Division 1) through the 1997 Edition (Division 1), and the
2001 Edition (Division 1) through the 2019 Edition (Division 1),
subject to the conditions identified in current Sec. 50.55a(b)(2)(i)
through (xliii).
Section 50.55a(b)(2) Conditions on ASME BPV Code Section XI
The NRC proposes to revise the definition of Section XI in Sec.
50.55a(b)(2) to refer to the editions 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
The NRC proposes not to apply the existing conditions in Sec.
50.55a(b)(2)(viii)(H) and Sec. 50.55a(b)(2)(viii)(I), the eighth and
ninth provisions for concrete containment examinations, to the 2021
Edition of the ASME Code. Revisions to IWA-6230 require the information
described in the existing Sec. 50.55a(b)(2)(viii)(H) condition be
included in the required Owner's Activity Report (OAR). These new
Section XI provisions address the requirement in the existing NRC
condition. Revisions to IWL-2512 require the technical evaluation
discussed in IWL-2512(b) be completed every five years. This new
Section XI provision addresses the requirement in existing NRC
condition Sec. 50.55a(b)(2)(viii)(I).
Section 50.55a(b)(2)(ix) Section XI Condition: Metal Containment
Examinations
The NRC proposes not to apply the existing condition in Sec.
50.55a(b)(2)(ix)(A)(2), the first provision for metal containment
examinations, to the 2021 Edition of the ASME Code. Revisions to
IWA6230 require the information described in the existing Sec.
50.55a(b)(2)(ix) condition be included in the required OAR. This new
Section XI provision addresses the requirement in the existing NRC
condition.
Section 50.55a(b)(2)(xv) Section XI Condition: Appendix VIII Specimen
Set and Qualification Requirements
The NRC proposes to eliminate this condition as it is no longer
applicable to any licensee. This condition only applies to the use of
the 1995 through the 2001 Editions of ASME Code Section XI, Appendix
VIII. Additionally, Sec. 50.55a(b)(2)(xv) requires licensees using
ASME Code Section XI Editions later than the 2001 Edition through the
2006 Addenda to use the 2001 Edition of Appendix VIII. This condition
therefore only applies to licensees using the 1995 to the 2006 Addenda
of ASME Code Section XI.
The 2007 edition of ASME Code Section XI was incorporated by
reference in Sec. 50.55a in the rulemaking dated June 21, 2011 (76 FR
36231). Given the requirement to update ISI programs every 120 Months,
no licensee is still using the 2001 Edition of Appendix VIII. This
condition is therefore unnecessary.
Section 50.55a(b)(2)(xxxiv) Section XI Condition: Nonmandatory Appendix
U
The NRC proposes to amend Sec. 50.55a(b)(2)(xxxiv) to prohibit the
use of Nonmandatory Appendix U, Supplement U-S1 in the 2021 Edition of
Section XI. Nonmandatory Appendix U, Supplement U-S1 provides licensees
with a methodology for temporary acceptance of flaws in moderate energy
Class 2 and 3 piping. However, Code Case N-513 provides the same rules.
The NRC position is that licensees use the more frequently updated Code
Case N-513 when seeking to temporarily accept flaws in moderate energy
Class 2 and 3 piping. As the ASME continues to update Code Case N-513,
there can be different requirements between the version allowed by
Nonmandatory Appendix U and the NRC approved version of the Code Case.
Furthermore, duplicative rules may create regulatory confusion both for
licensees and NRC inspection staff, as well as pose a burden on the NRC
to review and compare the two documents to ensure reasonable assurance
of safety under all potential combinations of alternatives. Therefore,
this proposed condition clarifies that the appropriate reference for
temporary acceptance of flaws in moderate energy Class 2 and 3 piping
is Code Case N-513, as dispositioned in the latest version of
Regulatory Guide (RG) 1.147 incorporated by reference in Sec.
50.55a(a)(3)(ii).
The NRC proposes to modify the existing condition in Sec.
50.55a(b)(2)(xxxiv) to update the version of ASME BPV Code Case N-513
to the latest version currently approved in RG 1.147. The NRC proposes
to renumber this existing condition to Sec. 50.55a(b)(2)(xxxiv)(A)(2)
and revise Sec. 50.55a(b)(2)(xxxiv)(B) to reflect the added condition
on Nonmandatory Appendix U, Supplement U-S1. The purpose of this change
is for regulatory efficiency to minimize changes to this condition in
future rulemakings and maintain the requirement consistent with the
latest NRC approved version of Code Case N-513.
Section 50.55a(b)(2)(xliv) Section XI Condition: Nonmandatory Appendix
Y
The NRC proposes to add Sec. 50.55a(b)(2)(xliv) to prohibit the
use of Y-2200, Y-2420, and Y-3200 in the 2021 Edition of Section XI.
These articles provide three crack growth laws for use in Section XI
flaw evaluations. However, Code Cases N-809, N-889, and N-643
respectively provide the same crack growth laws. The NRC position is
that licensees use the more frequently updated Code Cases when seeking
to use these crack growth laws in Section XI flaw evaluations.
Furthermore, duplicative rules may create regulatory confusion for
licensees and additional burden on the NRC to review and compare the
two documents to provide reasonable assurance of
[[Page 53389]]
safety when using the curves and defined variables. Therefore, this
proposed condition clarifies that the appropriate references for crack
growth laws are the respective Code Cases, as dispositioned in the
latest edition of RG 1.147 incorporated by reference in Sec.
50.55a(a)(3)(ii).
Section 50.55a(b)(2)(xlv) Section XI Condition: Pressure Testing of
Containment Penetration Piping After Repair/Replacement Activities
The NRC proposes to add Sec. 50.55a(b)(2)(xlv) to require that
when applying the provisions of IWA-4540(a) and (e) of the 2021 Edition
of the ASME Code, Section XI, a VT-2 examination of the area affected
by the repair/replacement activity shall be conducted during the Type C
test in appendix J to 10 CFR part 50. The 2021 Edition of the ASME
Code, Section XI, revised IWA-4540(a) and (e) by incorporating the
requirements of Code Case N-751. The NRC conditioned Code Case N-751 in
RG 1.147, Revision 19, to require that nondestructive examination must
be performed in accordance with IWA-4540(a)(2) of the 2002 Addenda of
Section XI. This includes a VT-2 (visual examination during system
walkdown) in accordance with IWA-5211.
Upon incorporating Code Case N-751 and the NRC condition in RG
1.147, the revised IWA-4540(a) and (e) did not fully address the NRC
condition in RG 1.147 concerning performing the VT-2 (visual
examination). The revised IWA-4540(a) moved the pressure testing
requirements for ``[R]epair/replacement activities performed by welding
or brazing on piping, including isolation valves, designated Class 2,
that penetrates a containment vessel and where the balance of the
piping system inside and outside the containment is not within the
scope of Section XI'' to IWA-4540(e). Therefore, the specific
requirement in IWA-4540(a) to require a VT-2 visual examination during
pressure testing is not required. In addition, IWA-4540(e) in the 2021
Edition of ASME Code, Section XI states that for pressure testing of
these locations, a Type C test in appendix J to 10 CFR part 50, system
leakage test in accordance with IWA-5211(a), or pneumatic test in
accordance with IWA-5211(c), shall be performed. The NRC notes that
IWA-5211 requires the VT-2, while neither IWA-5211(a) or (c) require a
VT-2 (visual examination during walkdown). IWA-4540(e) also states that
if ``there is detectable leakage during the Type C test in appendix J
to 10 CFR part 50, the brazed joints or welds shall be tested to
confirm there is no leakage through the brazed joints or welds.'' The
NRC notes that the Type C test in appendix J to 10 CFR part 50 does not
require a VT-2 (visual system walkdown) of the piping to verify the
leakage or absence thereof, but only a decrease in pressure.
Therefore, the NRC is adding Sec. 50.55a(b)(2)(xlv) to condition
provisions IWA-4540(a) and (e) of the 2021 Edition of the ASME Code,
Section XI, to require that a VT-2 examination of the area affected by
the repair/replacement activity be conducted during the Type C test in
appendix J to 10 CFR part 50 to be consistent with the previous NRC
condition for Code Case N-751.
Section 50.55a(b)(2)(xlvi) Section XI Condition: Contracted Repair/
Replacement Organization Fabricating Items Offsite of the Owner's
Facilities
The NRC proposes to add Sec. 50.55a(b)(2)(xlvi) to prohibit a
contracted Repair/Replacement Organization, when applying the
provisions of IWA-4143 in the 2021 Edition of the ASME Code, Section
XI, from fabricating an item off-site of the Owner's facility (e.g.,
vendor facility) without an ASME Certificate of Authorization and
without applying an ASME Stamp/Certification Mark.
IWA-4143 in the 2021 Edition of the ASME Code, Section XI, allows
an owner to procure ASME Code, Section III parts, appurtenances, piping
subassemblies, and supports (hereinafter referred to as items) with no
ASME Stamp/Certification Mark from a Repair/Replacement Organization
that does not have an ASME Certificate of Authorization and conducts
fabrication activities off-site of the Owner's facility. Therefore, a
contracted Repair/Replacement Organization would be able to fabricate
an item off-site (at a vendor facility) without an ASME Certificate of
Authorization and not apply a Stamp/Certification Mark on the item.
This contradicts NCA-8330 in ASME Code, Section III, which only allows
an item with no ASME Stamp/Certification Mark applied to the item for
an organization with an ASME Certificate of Authorization, since the
organization with an ASME Certificate of Authorization is required to
follow additional controls of the part in NCA-8330(a)(1) through (3).
IWA-4131 in the 2021 Edition of the ASME Code, Section XI, does not
provide controls of these items through completion of installation for
an organization that does not have an ASME Certificate of
Authorization. IWA-4131 in the 2019 Edition of the ASME Code, Section
XI, has a restriction that fabrication (of parts) by the Owner or
owner's contracted Repair/Replacement Organization (not possessing an
ASME Certificate of Authorization) may occur only at the Owner's
facility. The proposed condition would be consistent with IWA-4143 of
the 2019 Edition of the ASME Code, Section XI, which allowed a Repair/
Replacement Organization with a quality assurance program that complies
with IWA-4142 to fabricate parts, appurtenances, piping assemblies, and
supports at the Owner's facilities without application of an ASME
Stamp/Certification Mark.
Therefore, the NRC is adding Sec. 50.55a(b)(2)(xlvi) to condition
the provision of IWA-4143 of the 2021 Edition of the ASME Code, Section
XI, by prohibiting a contracted Repair/Replacement Organization from
fabricating a part off-site of the Owner's facility (e.g., vendor
facility) without an ASME Certificate of Authorization and without
applying an ASME Stamp/Certification Mark.
Section 50.55a(b)(2)(xlvii) Section XI Condition: Weld Overlay Design
Crack Growth Analysis
The NRC proposes to add Sec. 50.55a(b)(2)(xlvii) to require stress
corrosion crack growth analysis of the weld overlay material in
Nonmandatory Appendix Q of ASME Code, Section XI. In the 2021 Edition,
a change was made to Subparagraph Q-3000(a) to specifically note that
stress corrosion crack growth analysis is not required within the weld
overlay material. While these overlay materials are expected to be more
stress corrosion crack resistant, Article Q-2000 does not require all
overlay materials to be impervious to potential cracking. If the
licensee can justify that the material would not experience stress
corrosion cracking growth expected over design life of the overlay, the
licensee should document this conclusion in the design. The NRC
therefore proposes this condition to require the analysis of a
hypothetical flaw in determining the design and design life of a weld
overlay under Nonmandatory Appendix Q.
Section 50.55a(b)(2)(xlviii) Section XI Condition: Analytical
Evaluations of Degradation
The NRC proposes to add Sec. 50.55a(b)(2)(xlviii) to require that
analytical evaluations performed in accordance with IWB-3132.3 and IWC-
3132.3 be submitted to the NRC. The 2019 Edition of the ASME BPV Code,
Section XI, IWB-3134, Review by Authorities, requires that
``[a]nalytical evaluation of examination results as required by IWB-
3132.3 shall be submitted to the regulatory authority
[[Page 53390]]
having jurisdiction at the plant site.'' IWC-3125, Review by
Authorities, requires that ``[t]he analytical evaluation of examination
results as required by IWC-3122.3 shall be submitted to the regulatory
authority having jurisdiction at the plant site.'' The 2021 Edition of
the ASME Code, Section XI, eliminates the provisions of IWB-3134 and
IWC-3125 in their entirety. The NRC finds that flaw evaluations provide
significant regulatory information in the following areas: the
condition of the degradation of the affected component, the cause of
the degradation, operating experience, methodology used, performance
monitoring, and regulatory oversight. For example, the flaw evaluation
predicts the flaw size with growth during a certain time period. The
final flaw size should not exceed the allowable flaw size, and the
affected component would need to be inspected prior to the final flaw
size exceeding the allowable flaw size. The NRC needs to monitor the
safety of plant operation, considering the flaw may grow during the
plant operation. The flaw evaluation provides key information for the
NRC's oversight. Accordingly, the NRC proposes to add Sec.
50.55a(b)(2)(xlviii) to retain the requirement from the 2019 Edition of
the ASME BPV Code, Section XI, that analytical evaluations performed in
accordance with IWB-3132.3 and IWC-3132.3 be submitted to the NRC.
Section 50.55a(b)(2)(xlix) Section XI Condition: Analytical Evaluations
of Flaws in Cladding
The NRC proposes to add Sec. 50.55a(b)(2)(xlix) to prohibit the
use of IWB-3600(b)(1) in the 2021 Edition of ASME BPV Code, Section XI
(Division 1), for the inlay and onlay that are subject to the augmented
inspection requirements in paragraph (g)(6)(ii)(F) of this section.
IWB-3600(b)(1) in the 2021 Edition of the Code addresses the
provision that a flaw, which lies entirely in the cladding of Class 1
components, need not be analytically evaluated. In the 2021 Edition of
the Code, this provision has been relocated from IWB-3610 to IWB-3600.
In the code editions and addenda prior to the 2021 Edition since the
1988 Addenda, this provision in IWB-3610 for Class 1 vessels has not
been applicable to the analytical evaluation for piping that is
separately addressed in IWB-3640. Based on the relocation of the
provision to IWB-3600, the 2021 Edition of the Code without a condition
would allow that a flaw, which lies entirely in the cladding of piping,
need not be analytically evaluated.
In comparison, paragraph (g)(6)(ii)(F) of this section addresses
the augmented inspection requirements for Class 1 pressurized water
reactor (PWR) piping and vessel nozzle butt welds. As part of the
requirements, paragraph (g)(6)(ii)(F)(7) of this section describes the
examination evaluation and acceptance standards for the inlay and onlay
of the butt welds. Specifically, the condition in the paragraph
requires that, for Inspection Items G, H, J, and K of Code Case N-770,
when applying the acceptance standards of IWB-3514 for planar flaws
contained within the inlay or onlay, the thickness ``t'' in IWB-3514 be
the thickness of the inlay or onlay.
Accordingly, when a flaw lies entirely in the inlay or onlay
subject to the augmented inspections in paragraph (g)(6)(ii)(F)(7) of
this section, the flaw is required to be evaluated in accordance with
IWB-3514 by using the thickness of the inlay or onlay as the thickness
``t'' in IWB-3514. Based on paragraph (g)(6)(ii)(F)(7) of this section,
if a flaw in the inlay or onlay is not acceptable in accordance with
IWB-3514 as conditioned by the paragraph, analytical evaluation of the
flaw must be performed in accordance with IWB-3600 or repair/
replacement activities must be performed in accordance with IWA-4000.
As discussed above, the use of IWB-3600(b)(1) in the 2021 Edition
of ASME BPV Code, Section XI (Division 1) for the inlay and onlay is
not consistent with paragraph (g)(6)(ii)(F)(7) of this section and the
related provisions of analytical evaluation that are specified in IWB-
3600 in the code editions and addenda prior to the 2021 Edition.
Therefore, the NRC proposes to add a condition to prohibit the use of
IWB-3600(b)(1) in the 2021 Edition of the Code for the inlay and onlay
that are subject to the augmented inservice inspection requirements for
Class 1 piping and nozzle dissimilar-metal butt welds in paragraph
(g)(6)(ii)(F) of this section.
Section 50.55a(g)(6)(ii)(D)(9) Section XI Condition: Volumetric
Qualifications
The NRC proposes to add Sec. 50.55a(g)(6)(ii)(D)(9) to allow
licensees the option to utilize Supplement 15 of Mandatory Appendix
VIII in the 2021 Edition or later of Section XI, incorporated by
reference in Sec. 50.55a, for volumetric qualification of examinations
required by Table 1 of ASME Code Case N-729-6. The ASME Code in
combination with the Electric Power Research Institute Nondestructive
Evaluation Center developed expanded qualifications similar to other
volumetric qualification requirements in Mandatory Appendix VIII to
replace the requirements described in ASME Code Case N-729-6. The NRC
found these qualification requirements acceptable, in addition to the
current requirements of ASME Code Case N-729-6. Therefore, to reduce
the burden of requiring an update to all programs immediately, the NRC
is proposing a condition to allow either qualification program to be
used. In future Sec. 50.55a rulemakings, in which N-729 is further
revised or incorporated into the ASME Code, the NRC expects that the
Supplement 15 requirements of Mandatory Appendix VIII will be required.
Additionally, as licensees adopt the 2021 Edition or later as an ISI
Code of Record for their ISI Interval, Supplement 15 of Mandatory
Appendix VIII will be a requirement. The NRC expects that with this
proposed transitional time, that has no immediate impact or burden,
licensees will be able to update their programs as necessary in as
efficient manner as possible.
Section 50.55a(g)(6)(ii)(F) Augmented ISI Requirements: Examination
Requirements for Class 1 Piping and Nozzle Dissimilar-Metal Butt Welds
The NRC proposes to update the requirements for the augmented
inspection of dissimilar-metal butt welds in U.S. PWRs from ASME Code
Case N-770-5 to N-770-7. This change will require condition Sec.
50.55a(g)(6)(ii)(F)(1) to be updated, and condition Sec.
50.55a(g)(6)(ii)(F)(8) to be modified to retain an inspection frequency
for optimized butt welds consistent with ASME Code Case N-770-5.
The NRC proposes to update NRC condition Sec.
50.55a(g)(6)(ii)(F)(1) Implementation, by changing the reference of
ASME Code Case N-770-5 to N-770-7. Additionally, the implementation
requirement will be changed from no later than one year after June 3,
2020, to no later than one year after the rule effective date.
The NRC proposes to modify the existing condition Sec.
50.55a(g)(6)(ii)(F)(8) to retain, in part, the volumetric examination
frequency of ASME Code Case N-770-5, which was changed in N-770-6. In
N-770-5, the Frequency of Examination for Inspection Item C-2 welds
(uncracked butt welds reinforced by optimized weld overlay of Alloy 52/
152 material) is ``100% of these welds shall be examined once each
inspection interval. For any overlays that have an analyzed life of
less than 10 [years], the inspection interval shall be less than or
equal to the analyzed life.''
In N-770-5, the Frequency of Examination for Inspection Item F-2
[[Page 53391]]
welds (cracked butt weld reinforced by optimized weld overlay of Alloy
52/152 material) is ``[o]nce during the first or second refueling
outage following overlay. Examination volumes that show no indication
of crack growth or new cracking shall be examined once each inspection
interval. For any overlays that have an analyzed life of less than 10
years, the inspection interval shall be less than or equal to the
analyzed life.''
The current NRC condition Sec. 50.55a(g)(6)(ii)(F)(8) states,
``[i]nitial inservice examination of Inspection Item C-2 welds shall be
performed between the third refueling outage and no later than 10 years
after application of the overlay.'' In N-770-7, the Frequency of
Examination for Inspection Item C-2 welds is--
[e]xamine all welds no sooner than the third refueling outage and no
later than 10 years following optimized weld overlay. After the
first interval, examination volumes that show no indication of
cracking shall be placed into a population to be examined on a
sample basis. Twenty-five percent of this population shall be added
to the ISI Program in accordance with -2410 and shall be examined
once each inspection interval [Note (10)]. For any optimized weld
overlays that have an analyzed life of less than 10 years, the
inspection interval shall be less than or equal to the analyzed
life.
In N-770-7, the Frequency of Examination for Inspection Item F-2
welds is--
[o]nce during the first or second refueling outage following
optimized weld overlay. Weld overlay examination volumes that show
no indication of crack growth or new cracking shall be placed into a
population to be examined on a sample basis. Twenty-five percent of
this population shall be added to the ISI Program in accordance with
-2410 and shall be examined once each inspection interval [Note
(10)]. For any optimized weld overlays that have an analyzed life of
less than 10 years, the inspection interval shall be less than or
equal to the analyzed life.
The NRC continues to find that the long-term frequency for
examination of optimized weld overlays shall be 100 percent of the
welds each inspection interval, consistent with N-770-5 and the current
regulation. Optimized weld overlays still structurally rely upon 25
percent of the primary water stress corrosion cracking material of the
original butt weld to provide structural integrity for the weld.
Further, the deposition of a more crack-resistant material such as
Alloy 52/152 acts as a crack growth restriction, allowing growth along
the susceptible original weld material rather than through the more
crack resistant material that would provide leakage as a defense-in-
depth measure to identify cracking. A 25-percent sample inspection
could allow optimized weld overlayed welds to have cracks develop into
the structural retaining material of an ASME Class 1 butt weld in the
reactor coolant system. This condition is not true of full structural
weld overlays, which the NRC has found can utilize a long-term
examination frequency of a 25-percent sample. Because the design of the
optimized weld overlay reduces the effectiveness of the defense-in-
depth leak initiation method of identifying potential cracking, a
volumetric examination of each weld is required to provide reasonable
assurance of structural integrity for these optimized weld overlays.
Therefore, the NRC is modifying the condition to state that after
initial examination for Inspection Items C-2 and F-2 welds, optimized
weld overlay examination volumes that show no indication of crack
growth or new cracking shall be examined once each inspection interval.
ASME Code Case N-770-7 also creates a new Inspection Item category
for auxiliary head adapter (AHA) butt welds, B-3. Some Westinghouse 4-
loop plants have AHA butt welds connected to the upper reactor vessel
closure head. The new Inspection Item B-3 caries the same inspection
requirements of B-1, which the AHA butt welds fall under currently. The
update to a new Inspection Item category was made to facilitate a
change to the scope expansion requirements in the event that a crack
was found in an AHA butt weld.
The purpose of a scope expansion examination is if a crack is found
in one weld, examinations of similar welds should be performed to
ensure no generic issues are identified with that type of location or
operating condition. The Inspection Item category that AHA butt welds
currently fall under, B-1, could trigger scope expansion examinations
in any, and potentially all, unmitigated reactor coolant system welds.
The AHA butt welds are approximately 6-inches in diameter and are
located on top of the reactor pressure vessel head in a low or no flow
area. This location, while being of the same weld material, is not
generally operating under the same conditions as the rest of the
reactor coolant butt welds in the primary system of a Westinghouse PWR.
Therefore, the ASME Code revised Code Case N-770 in revision 7 to
include the new category and modify the scope expansion rules to
reflect this change. The NRC agrees with the change to address the
intent of scope expansion if a flaw were to be identified in an AHA
butt weld. Therefore, the NRC is proposing to update the augmented
inservice inspection requirements of Sec. 50.55a(g)(6)(ii)(F)(1) to
mandate the use of N-770-7 in lieu of N-770-5.
C. ASME OM Code
Section 50.55a(a)(1)(iv), ASME Operation and Maintenance Code
The NRC proposes to amend the regulations in Sec.
50.55a(a)(1)(iv)(C) to incorporate by reference the 2022 Edition of the
ASME OM Code for nuclear power plants. The NRC is streamlining Sec.
50.55a wherever possible to provide clearer IST regulatory requirements
for nuclear power plant licensees and applicants. In the following
paragraphs, the NRC includes certain proposed changes that are part of
the Sec. 50.55a streamlining efforts.
Section 50.55a(b)(3)(ii) OM Condition: Motor-Operated Valve (MOV)
Testing
The NRC proposes to modify Sec. 50.55a(b)(3)(ii) by removing
conditions (A), (B), and (C) where licensees are implementing the 2022
Edition of the ASME OM Code as incorporated by reference in Sec.
50.55a, because Appendix III, ``Preservice and Inservice Testing of
Active Electric MOV Assemblies in Water-Cooled Reactor Nuclear Power
Plants,'' to the 2022 Edition of the ASME OM Code appropriately
incorporates the requirements specified in those conditions. Condition
(D) has not been incorporated into the 2022 Edition of the ASME OM
Code. Therefore, condition (D) in Sec. 50.55a(b)(3)(ii) will continue
to apply to all editions and addenda of the ASME OM Code incorporated
by reference in Sec. 50.55a.
Section 50.55a(b)(3)(iii) OM Condition: Check Valves
The NRC proposes to revise Sec. 50.55a(b)(3)(iii) by removing
condition (B), ``Check valves,'' which states that licensees must
perform bi-directional testing of check valves within the IST program
where practicable. New reactors are applying more recent editions of
the ASME OM Code that require bi-directional testing of check valves.
Therefore, condition (B) is not needed in Sec. 50.55a(b)(3)(iii). The
NRC proposes to reserve condition (B) in Sec. 50.55a(b)(3)(iii) for
possible future use.
Section 50.55a(b)(3)(iii) OM Condition: Flow-Induced Vibration
The NRC proposes to revise Sec. 50.55a(b)(3)(iii) by removing
condition (C), ``Flow-induced vibration,'' which states that licensees
shall monitor flow-induced vibration from hydrodynamic loads and
acoustic resonance during preservice testing or inservice testing to
[[Page 53392]]
identify potential adverse flow effects on components within the scope
of the IST program. Based on regulatory experience with new reactor
licensing, the NRC considers that flow-induced vibration is
appropriately addressed during the licensing phase and initial testing
program at each new reactor nuclear power plant. Therefore, condition
(C) is not needed in Sec. 50.55a(b)(3)(iii). The NRC proposes to
reserve paragraph (C) in Sec. 50.55a(b)(3)(iii) for possible future
use.
Section 50.55a(b)(3)(vii) OM Condition: Snubber Visual Examination
Interval Extension
The NRC proposes to add Sec. 50.55a(b)(3)(vii) to clarify use of
ASME OM Code, Subsection ISTD, ``Preservice and Inservice Requirements
for Dynamic Restraints (Snubbers) in Water-Cooled Reactor Nuclear Power
Plants,'' paragraph ISTD-4253, ``Additional Requirements for 10-year
Interval,'' and Note 7 of the Table ISTD-4252-1, ``Visual Examination
Table,'' with ASME OM Code Case OMN-15, Revision 2, ``Performance-Based
Requirements for Extending the Snubber Operational Readiness Testing
Interval at LWR Power Plants.'' OM Code Case OMN-15, Revision 2,
Section 3.4, ``Code Case OMN-13,'' states that ``this Code Case [OMN-
15] shall not be used in conjunction with Code Case OMN-13,
`Performance-Based Requirements for Extending Snubber Inservice Visual
Examination Interval at LWR Power Plants.' '' OM Code Case OMN-13 is
incorporated in paragraph ISTD-4253 and Note 7 of Table ISTD-4252-1 of
the 2022 Edition of the ASME OM Code. The use of OM Code Case OMN-13 is
prohibited in conjunction with the use of OM Code Case OMN-15. However,
the specific language of paragraph ISTD-4253 and Note 7 of Table ISTD-
4252-1 does not clarify that the use of paragraph ISTD-4253 and Note 7
of Table ISTD-4252-1 is optional. The NRC proposes to clarify the
language in the ASME OM Code by stating that when implementing
Subsection ISTD, paragraph ISTD-4253, and Note 7 of Table ISTD-4252-1,
in the 2022 Edition of the ASME OM Code, incorporated by reference in
paragraph (a)(1)(iv) of this section, to extend snubber visual
examination beyond two refueling cycles (48 months), the licensee is
prohibited from applying OM Code Case OMN-15, Revision 2.
Section 50.55a(b)(3)(x) OM Condition: Class 1 Pressure Relief Valve
Sample Expansion
The NRC proposes to add Sec. 50.55a(b)(3)(x) to clarify
subparagraph (1) in paragraph (c), Requirements for Testing Additional
Valves, of Section I-1320, ``Test Frequencies, Class 1 Pressure Relief
Valves,'' in the ASME OM Code, Appendix I, ``Inservice Testing of
Pressure Relief Devices in Water-Cooled Reactor Nuclear Power Plants,''
which states that for each valve tested for which the as-found set-
pressure (first test actuation) exceeds the greater of either the plus/
minus tolerance limit of the Owner-established set-pressure acceptance
criteria of I-1310(e) or 3 percent of valve nameplate set-
pressure, two additional valves shall be tested from the same valve
group. The expansion of the test sample provides reasonable assurance
that a degradation mechanism that might cause multiple Class 1 Pressure
Relief Valves to be incapable of performing their safety functions will
be identified. Typically, it is expected that variations in actual
valve performance will result in an Owner-established set-pressure
acceptance criteria for Class 1 Pressure Relief Valves exceeding the
default 3-percent valve nameplate set-pressure. The NRC has no concerns
with the language of paragraph I-1320(c)(1) where the Owner-established
set-pressure acceptance criteria are greater than the 3-percent default
value. Based on plant-specific valve performance, the Owner might need
to establish set-pressure acceptance criteria for Class 1 Pressure
Relief Valves lower than the default 3-percent value. The failure of a
Class 1 Pressure Relief Valve to meet the Owner-established set-
pressure acceptance criteria can signify that the valve is incapable of
performing its safety function. In such cases, it is important to
determine whether other Class 1 Pressure Relief Valves also have
performance problems that could cause them to be unable to perform
their safety functions. However, the specific language of paragraph I-
1320(c)(1) might be interpreted to not require an expansion of the test
sample where the default 3-percent value is greater than the Owner-
established set-pressure acceptance criteria. This might lead in an
unsafe situation where the licensee is unaware that multiple Class 1
Pressure Relief Valves are incapable of performing their safety
functions. To resolve this concern, the NRC proposes to clarify
paragraph I-1320(c)(1) to be read that for each valve tested for which
the as-found set-pressure (first test actuation) exceeds the plus/minus
tolerance limit of the Owner-established design set-pressure acceptance
criteria of I-1310(e), or 3 percent of valve nameplate set-
pressure if the Owner has not established design set-pressure
acceptance criteria, two additional valves shall be tested from the
same valve group. The specification of Owner-established ``design''
set-pressure acceptance criteria allows the licensee to establish
specific criteria for testing purposes.
D. Editorial Correction
Section 50.55a(d) Quality Group B Components
The NRC proposes to make an editorial correction to Sec.
50.55a(d), ``Quality Group B components,'' by replacing the colon at
the end of the second sentence of the introductory paragraph with a
period. When the introductory paragraph of Sec. 50.55a(d) was expanded
to include a reference to 10 CFR part 52, the new second sentence of
the introductory paragraph incorrectly placed a colon at the end of the
sentence rather than a period. The use of a colon implies that items
(1) and (2) in Sec. 50.55a(d) only apply to 10 CFR part 52 plants.
However, item (1) of Sec. 50.55a(d) specifies a requirement for
applicants under 10 CFR part 50.
IV. Specific Requests for Comments
In the 2021 Edition of the ASME Code, Section XI, ASME removed the
IWB-3134 and IWC-3125 requirements for nuclear plant owners to submit
analytical evaluations to the regulatory authority having jurisdiction
at the plant site. The NRC proposes to condition the 2021 Edition of
the ASME Code, Section XI to require that such evaluations be submitted
to the NRC, maintaining the status quo for U.S. plants. The analytical
evaluation reports provide the NRC with a tool to efficiently inspect
and validate flaws identified by a licensee and the activities to
address them (e.g., analysis for continued operation or repair/
replacement). Furthermore, the reports provide the NRC with valuable
operating experience data to monitor degradation trends across the
industry to ensure public health and safety. There are other similar
reporting requirements in Sec. 50.55a, including Sec.
50.55a(b)(2)(xxxii), Sec. 50.55a(b)(2)(xliii), and Sec.
50.55a(g)(6)(ii)(F)(6). The NRC is seeking advice and recommendations
from the public on the proposed condition and the related requirements
to ascertain their perceived value. We are particularly interested in
comments and supporting rationale from the public on the following:
(1) What alternative means are there for the NRC to accomplish the
goal of monitoring degradation trends such that the NRC could remove
the condition?
[[Page 53393]]
(2) How can the NRC effectively leverage the information provided
in flaw evaluations and associated component degradation in a way that
is transparent to stakeholders and ensures structural integrity of
nuclear components without incurring excessive administrative burden
for plant owners?
V. Section-by-Section Analysis
Paragraph (a)(1)(i)(E)
This proposed rule would revise paragraphs (a)(1)(i)(E)(19) and
(20) and add new paragraph (a)(1)(i)(E)(21) to include the 2021 Edition
of the ASME BPV Code.
Paragraph (a)(1)(ii)(C)
This proposed rule would revise paragraphs (a)(1)(ii)(C)(55) and
(56) and add new paragraph (a)(1)(ii)(C)(57) to include the 2021
Edition.
Paragraph (a)(1)(iii)(D)
This proposed rule would revise paragraph (a)(1)(iii)(D) to update
ASME BPV Code Case N-770-5 to N-770-7 and to update the approval date
to December 4, 2020.
Paragraph (a)(1)(iv)(C)
This proposed rule would revise paragraph (a)(1)(iv)(C) to add the
2022 Edition of the ASME OM Code.
Paragraph (b)(1)(iv)
This proposed rule would revise and redesignate existing paragraph
(b)(1)(iv) as paragraph (b)(1)(iv) introductory text, add new
paragraphs (b)(1)(iv)(A) and (B), and remove and reserve paragraph
(b)(1)(iv)(B).
Paragraph (b)(1)(vi)
This proposed rule would revise paragraph (b)(1)(vi) to revise
``sleeves'' to ``sheaths'' and add a new sentence that this condition
is not applicable to 2015 and later Editions.
Paragraph (b)(1)(xi)
This proposed rule would revise the introductory text to paragraph
(b)(1)(xi) to clarify the applicable conditions and add two new
conditions specific to polyethylene pressure piping when applying the
2015 through 2021 Editions. The proposed rule also would revise
paragraph (b)(1)(xi)(B) to add the 2015 to 2021 Editions of BPV Code
Section III.
Paragraph (b)(1)(xiii)
This proposed rule would revise the introductory text to paragraph
(b)(1)(xiii) and paragraphs (b)(1)(xiii)(A) and (B) to update the
applicability of the latest edition and addenda incorporated by
reference in Sec. 50.55a(a)(1).
Paragraph (b)(1)(xiv)
This proposed rule would add new paragraph (b)(1)(xiv) to require
that Nonmandatory Appendix NN be used in its entirety.
Paragraph (b)(2)
This proposed rule would revise the introductory text of paragraph
(b)(2) to refer the applicability to users of the editions incorporated
by reference in paragraph (a)(1)(ii).
Paragraph (b)(2)(viii)
This proposed rule would revise paragraph (b)(2)(viii) to update
the applicability of paragraphs (b)(2)(viii)(H) and (b)(2)(viii)(I)
through the 2019 Edition.
Paragraph (b)(2)(ix)
This proposed rule would revise paragraph (b)(2)(ix) to update the
applicability of paragraph (b)(2)(ix)(A)(2).
Paragraph (b)(2)(xv)
This proposed rule would eliminate this condition at paragraph
(b)(2)(xv).
Paragraph (b)(2)(xxxiv)
This proposed rule would revise the introductory text to paragraph
(b)(2)(xxxiv), leaving only the heading; revise paragraph
(b)(2)(xxxiv)(A) and add new paragraphs (b)(2)(xxxiv)(A)(1) and (B)(1)
to update the version of ASME BPV Code Case N-513 to the latest version
currently approved in RG 1.147; and revise paragraph (b)(2)(xxxiv)(B)
to prohibit the use of Nonmandatory Appendix U, Supplement U-S1 in the
2021 Edition of Section XI.
Paragraph (b)(2)(xliv)
This proposed rule would add new paragraph (b)(2)(xliv) to prohibit
the use of Y-2200, Y-2440, and Y-3200 in the 2021 Edition of Section
XI.
Paragraph (b)(2)(xlv)
This proposed rule would add new paragraph (b)(2)(xlv) to condition
the provision of IWA-4540(a) and (e) of the 2021 Edition of the ASME
Code, Section XI, to require that a VT-2 examination of the area
affected by the repair/replacement activity be conducted during the
Type C test in appendix J to this part.
Paragraph (b)(2)(xlvi)
This proposed rule would add new paragraph (b)(2)(xlvi) to prohibit
a contracted Repair/Replacement Organization without an ASME
Certificate of Authorization that does not apply an ASME Stamp/
Certification Mark from fabricating ASME Code, Section III parts,
appurtenances, piping subassemblies, and supports offsite of the
Owner's facility (e.g., vendor facility) when applying the provisions
of IWA-4143 in the 2021 Edition of the ASME Code, Section XI.
Paragraph (b)(2)(xlvii)
This proposed rule would add new paragraph (b)(2)(xlvii) to require
stress corrosion crack growth analysis of the weld overlay material
under subparagraph Q-3000(a) of Nonmandatory Appendix Q in the 2021
Edition of the ASME Code, Section XI.
Paragraph (b)(2)(xlviii)
This proposed rule would add new paragraph (b)(2)(xlviii) to
require that analytical evaluations performed in accordance with IWB-
3132.3 and IWC-3132.3 be submitted to the NRC.
Paragraph (b)(2)(xlix)
This proposed rule would add paragraph (b)(2)(xlix) to prohibit the
use of IWB-3600(b)(1) in the 2021 Edition of ASME BPV Code, Section XI
(Division 1) for the inlay and onlay that are subject to the augmented
inspection requirements in paragraph (g)(6)(ii)(F).
Paragraph (b)(3)(ii)
This proposed rule would revise the introductory text to paragraph
(b)(3)(ii) to exclude conditions (A), (B) and (C) from being applicable
to the 2022 Edition of the ASME OM Code because those conditions have
been incorporated into that edition of the ASME OM Code.
Paragraph (b)(3)(iii)
This proposed rule would revise paragraph (b)(3)(iii) to remove and
reserve for future use the conditions in paragraphs (b)(3)(iii)(B) and
(C) because those conditions are required by other regulations for new
reactors.
Paragraph (b)(3)(vii)
This proposed rule would replace reserved paragraph (b)(3)(vii)
with a new condition on ASME OM Code, Subsection ISTD, paragraph ISTD-
4253, and Note 7 of the Table ISTD-4252-1 related to snubbers to be
consistent with the accepted provisions in OM Code Case OMN-15.
Paragraph (b)(3)(x)
This proposed rule would create a new paragraph (b)(3)(x) to
clarify the requirement for expanding the test sample for Class 1
Pressure Relief Valves specified in ASME OM Code, Appendix I, paragraph
I-1320(c)(1).
[[Page 53394]]
Paragraph (d)
This proposed rule would revise the introductory text of paragraph
(d) by correcting an editorial error. The colon would be replaced with
a period, at the end of the second sentence.
Paragraph (g)(6)(ii)(D)(9)
This proposed rule would add new paragraph (g)(6)(ii)(D)(9) to
allow licensees the option to utilize Supplement 15 of Mandatory
Appendix VIII, in the 2021 Edition or later of Section XI incorporated
by reference in Sec. 50.55a, for volumetric qualification of
examinations required by Table 1 of ASME Code Case N-729-6.
Paragraph (g)(6)(ii)(F)(1)
This proposed rule would revise paragraph (g)(6)(ii)(F)(1) to
update the requirements for the augmented inspection of dissimilar-
metal butt welds in U.S. PWRs from ASME Code Case N-770-5 to N-770-7
and to update the dates to conform with this proposed rule.
Paragraph (g)(6)(ii)(F)(8)
This proposed rule would modify the existing condition in paragraph
(g)(6)(ii)(F)(8) to retain, in part, the volumetric examination
frequency of ASME Code Case N-770-5, which was changed in N-770-6.
VI. Regulatory Flexibility Certification
As required by the Regulatory Flexibility Act of 1980, 5 U.S.C.
605(b), the NRC certifies that this rule, if adopted, will not have a
significant economic impact on a substantial number of small entities.
This proposed 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).
VII. Regulatory Analysis
The NRC has prepared a draft regulatory analysis on this proposed
regulation. The analysis examines the costs and benefits of the
alternatives considered by the NRC. The NRC requests public comment on
the draft regulatory analysis. The regulatory analysis is available as
indicated in the ``Availability of Documents'' section of this
document. Comments on the draft analysis may be submitted to the NRC as
indicated under the ADDRESSES caption of this document.
VIII. 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 rulemaking proposes to incorporate by reference the 2021
Edition of the ASME BPV Code, Section III, Division 1, and ASME BPV
Code, Section XI, Division 1, as well as the 2022 Edition of 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. Therefore, 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.
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.
Therefore, 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).
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 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 periodically update their ISI and IST
programs to the latest edition 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 code of record interval. Therefore, 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.
Other circumstances where the NRC does not apply the Backfit Rule
to the approval and requirement to use later Code editions 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
[[Page 53395]]
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 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: Proposed 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
proposed changes to Sec. 50.55a that go beyond the minimum changes
necessary and required to adopt the new ASME Code edition into Sec.
50.55a.
ASME BPV Code, Section III
1. Revise Sec. 50.55a(b)(1)(iv) to not approve Subpart 2.19 in
NQA-1-17, NQA-1-19 and NQA-1-22 for use. This proposed revision
clarifies current requirements and is considered to be consistent with
the meaning and intent of current requirements. The proposed condition
does not constitute a new or changed NRC position. Therefore, this
proposed condition is not a backfit.
2. Revise Sec. 50.55a(b)(1)(vi) to change the word sleeves to
sheaths and to note that this condition is not applicable to 2015 and
later Editions. This condition is not applicable to 2015 and later
Editions as Subsection NH is deleted from Section III Division 1. The
revisions to clarify a word and clarification of Code Edition
applicability do not constitute a change in NRC position. Therefore,
this is not a backfit.
3. Revise Sec. 50.55a(b)(1)(xi) to revise this condition regarding
the applicability to specific Code editions. 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 first provision, as noted in
50.55a(b)(1)(xi)(A). When applying the 2015 through 2021 Editions of
Section III, Mandatory Appendix XXVI, ``Rules for Construction of Class
3 Buried Polyethylene Pressure Piping,'' applicants or licensees must
meet the second provision, as noted in 50.55a(b)(1)(xi)(B). When
applying the 2017 Edition of Section III, Mandatory Appendix XXVI,
``Rules for Construction of Class 3 Buried Polyethylene Pressure
Piping,'' applicants or licensees must meet the third provision, as
noted in 50.55a(b)(1)(xi)(C). The revision is only for Code editions
applicability and does not constitute a new or changed NRC position.
Therefore, this change is not a backfit.
4. Revise Sec. 50.55a(b)(1)(xiii) including the first provision,
Sec. 50.55a(b)(1)(xiii)(A), and second provision, Sec.
50.55a(b)(1)(xiii)(B), to extend the applicability of the conditions
through the latest edition of the ASME BPV Code, Section III
incorporated by reference in paragraph (a)(1)(i). The NRC is proposing
to revise this condition to apply to the latest edition incorporated by
reference, which is not a change to NRC position and, therefore, is not
a backfit.
5. Add Sec. 50.55a(b)(1)(xiv) to condition the use of the
provisions of NCA-8151, NCA-8500, and Nonmandatory Appendix NN in the
2021 Edition of Section III, to require that when Nonmandatory Appendix
NN is used for the elimination of surface defects and repairs of
stamped components prior to the completion of Form N-3 Data Report, all
applicable requirements of Nonmandatory Appendix NN shall be met. The
proposed condition on Nonmandatory Appendix NN does not constitute a
new or changed NRC position. Therefore, the addition of this proposed
condition is not a backfit.
ASME BPV Code, Section XI
1. Revise Sec. 50.55a(b)(2)(viii), to remove the applicability of
Sec. 50.55a(b)(2)(viii)(H) and (I) from the 2021 Edition. These
changes to Sec. 50.55a(b)(2)(viii) remove conditions that were
incorporated in the 2021 Edition. Therefore, this change is not a
backfit.
2. Revise Sec. 50.55a(b)(2)(ix), to remove the applicability of
Sec. 50.55a(b)(2)(ix)(A)(2) from the 2021 Edition. This change to
Sec. 50.55a(b)(2)(ix) removes a condition that was incorporated into
the 2021 Edition. Therefore, this change is not a backfit.
3. Remove and reserve Sec. 50.55a(b)(2)(xv). This condition is
applicable to older Editions of Section XI that are no longer in use by
licensees. Removing this condition does not modify current licensee
inservice inspection requirements and, therefore, is not a backfit.
4. Revise Sec. 50.55a(b)(2)(xxxiv)(A) to modify the cited version
of ASME Code Case N-513 to the latest version approved in RG 1.147. The
revised condition is renumbered Sec. 50.55a(b)(2)(xxxiv)(A)(2). There
is no change to the requirements and therefore, this revision is not a
backfit.
5. Add Sec. 50.55a(b)(2)(xxxiv)(B) to prohibit the use of
Nonmandatory Appendix U, Supplement U-S1. Supplement U-S1 of
Nonmandatory Appendix U is obsolete relative to Code Case N-513, as
included in the latest revision of RG 1.147 incorporated by reference
in Sec. 50.55a(a)(3)(ii). Licensees have adopted the updated rules in
Code Case N-513 for temporary acceptance of flaws in moderate energy
Class 2 and 3 piping. This revision does not modify the current
inservice inspection regulatory requirements and, therefore, is not a
backfit.
6. Add Sec. 50.55a(b)(2)(xliv) to prohibit the use of Article Y-
2200, Subarticle Y-2440, and Article Y-3200 in Nonmandatory Appendix Y.
These articles have corresponding Code Cases,
[[Page 53396]]
which have been included in the latest revision of RG 1.147
incorporated by reference in Sec. 50.55a(a)(3)(ii). Licensees have
adopted the crack growth laws in the corresponding Code Cases: Cases N-
809, N-889, and N-643, respectively. The proposed condition on
Nonmandatory Appendix Y does not constitute a new or changed NRC
position. Therefore, the addition of this proposed condition is not a
backfit.
7. Add Sec. 50.55a(b)(2)(xlv) to condition the provision of IWA-
4540(a) and (e) of the 2021 Edition of the ASME Code, Section XI, to
require that a VT-2 examination be performed of the area affected by
the repair/replacement activity during the Type C test in appendix J to
10 CFR part 50. The proposed condition on IWA-4540(a) and (e) does not
constitute a new or changed NRC position. Therefore, the addition of
this proposed condition is not a backfit.
8. Add Sec. 50.55a(b)(2)(xlvi) to condition the provision of IWA-
4143 of the 2021 Edition of the ASME Code, Section XI, by prohibiting a
contracted Repair/Replacement Organization from fabricating a part
offsite of the Owner's facility (e.g., vendor facility) without an ASME
Certificate of Authorization and without applying an ASME Stamp/
Certification Mark. The proposed condition on IWA-4143 does not
constitute a new or changed NRC position. Therefore, the addition of
this proposed condition is not a backfit.
9. Add Sec. 50.55a(b)(2)(xlvii) to prevent a new exemption in the
2021 Edition of subparagraph Q-3000(a) of the requirement to remove
stress corrosion crack growth analysis of the overlay material. This is
a new condition that retains the previous requirements and allowances
of the previous approved version of Nonmandatory Appendix Q, and
accordingly, is not a new or changed position. Therefore, the addition
of this proposed condition is not a backfit.
10. Add Sec. 50.55a(b)(2)(xlviii) to require submission of
analytical evaluations performed under IWB-3132.3 and IWC-3122.3 to the
NRC. This is a new condition that retains the requirements of the
previous approved version of Section XI, and accordingly, is not a new
or changed position. Therefore, the addition of this proposed condition
is not a backfit.
11. Add 10 CFR 50.55a(b)(2)(xlix) to prohibit the use of IWB-
3600(b)(1) in the 2021 Edition of the Code for the inlay and onlay that
are subject to the augmented inspections specified in paragraph
(g)(6)(ii)(F) of this section. The proposed condition on the analytical
evaluation of a flaw in the inlay or onlay does not constitute a new or
changed NRC position. Therefore, the addition of this proposed
condition is not a backfit.
12. Add Sec. 50.55a(g)(6)(ii)(D)(9) to allow licensees the option
to utilize Supplement 15 of Mandatory Appendix VIII in the 2021 Edition
or later of Section XI, incorporated by reference in Sec. 50.55a, for
volumetric qualification of examinations required by Table 1 of ASME
Code Case N-729-6. Providing licensees the option of using either the
qualification program in ASME Code Case N-729-6 or Supplement 15 of
Mandatory Appendix VIII does not constitute a new or changed NRC
position. No backfit is implied with the option to allow a new
volumetric qualification option for licensees to utilize. No increase
in requirements is expected.
13. Modify 50.55a(a)(1)(iii)(D) and 50.55a(g)(6)(ii)(F) to update
the requirements for the augmented inspection of dissimilar-metal butt
welds in U.S. PWRs from ASME Code Case N-770-5 to N-770-7. This change
will require one condition to be updated, Sec. 50.55a(g)(6)(ii)(F)(1),
and one condition modified to retain an inspection frequency for
optimized butt welds consistent with ASME Code Case N-770-5. The
current regulatory requirements for the examination frequency of
Inspection Items C-2 and F-2 welds have not changed. The change in
examination categorization for B-3 provides no change to inspection
frequency or requirements. The change in scope expansion requirements
is a reduction in the requirements if a flaw is identified in an AHA
butt weld consistent with the regulatory purpose of examination scope
expansion. Therefore, the update and modification of previous
conditions are not backfits.
ASME OM Code
1. Revise Sec. 50.55a(b)(3)(ii) by removing conditions (A), (B),
and (C) where licensees are implementing the 2022 Edition of the ASME
OM Code as incorporated by reference in Sec. 50.55a, because Appendix
III to the 2022 Edition of the ASME OM Code appropriately incorporates
the requirements specified in those conditions. The revisions do not
modify the current IST regulatory requirements and, therefore, are not
backfits.
2. Delete condition (B) in Sec. 50.55a(b)(3)(iii), which states
that licensees of new reactors must perform bi-directional testing of
check valves within the IST program where practicable. The licensees of
new reactors are required to apply more recent editions of the ASME OM
Code that require bi-directional testing of check valves. Therefore,
condition (B) is not needed in Sec. 50.55a(b)(3)(iii). This change
does not modify the current IST regulatory requirements and, therefore,
is not a backfit.
3. Delete condition (C) in Sec. 50.55a(b)(3)(iii), which states
that licensees of new reactors shall 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. Based on regulatory
experience with new reactor licensing, the NRC considers that flow-
induced vibration is appropriately addressed during the licensing phase
and initial testing program at each new reactor nuclear power plant.
Therefore, condition (C) is not needed in Sec. 50.55a(b)(3)(iii). This
change does not modify the current IST regulatory requirements and,
therefore, is not a backfit.
4. Create a new Sec. 50.55a(b)(3)(vii) to clarify use of ASME OM
Code, Subsection ISTD, paragraph ISTD-4253, and Note 7 of the Table
ISTD-4252-1, with the ASME OM Code Case OMN-15, Revision 2. This
modification reflects a clarification of ASME OM Code, Subsection ISTD,
paragraph ISTD-4253 and Table ISTD-4252-1, is not a new or changed NRC
position, and therefore, is not a backfit.
5. Create a new Sec. 50.55a(b)(3)(x) to clarify ASME OM Code,
Appendix I, paragraph I-1320(c)(1), which states that for each valve
tested for which the as-found set-pressure (first test actuation)
exceeds the greater of either the plus/minus tolerance limit of the
Owner-established design set-pressure acceptance criteria of paragraph
I-1310(e) or 3 percent of valve nameplate set-pressure, two
additional valves shall be tested from the same valve group. The
expansion of the test sample provides reasonable assurance that a
degradation mechanism that might cause multiple Class 1 Pressure Relief
Valves to be incapable of performing their safety functions will be
identified. However, the specific language of paragraph I-1320(c)(1)
might be interpreted to not require an expansion of the test sample
where the default 3-percent value is greater than the Owner-established
set-pressure acceptance criteria. This modification reflects a
clarification of ASME OM Code, Appendix I, paragraph I-1320(c)(1), is
not a new or changed NRC position, and, therefore, is not a backfit.
[[Page 53397]]
ASME Editorial Correction
1. Replace the colon at the end of the second sentence of the
introductory paragraph of Sec. 50.55a(d) with a period. This is an
editorial correction and, therefore, not a backfit.
Conclusion
The NRC finds that incorporation by reference into Sec. 50.55a of
the 2021 Edition of Section III, Division 1, of the ASME BPV Code
subject to the identified conditions; the 2021 Edition of Section XI,
Division 1, of the ASME BPV Code, subject to the identified conditions;
and the 2022 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.
IX. Generic Aging Lessons Learned Report
Background
In December 2010, the NRC issued ``Generic Aging Lessons Learned
(GALL) Report,'' NUREG-1801, Revision 2 (ML103490041), 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 (ML103490036), 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 (ML11116A062), 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 found that the 2009 Addenda
through the 2017 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, are acceptable for the AMPs in the GALL
Report. In a final rule issued on May 4, 2020 (85 FR 26540), the NRC
further found 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, are acceptable for
the AMPs in the GALL Report. In a final rule issued on October 27, 2022
(87 FR 65128), the NRC further found that Subsections IWB, IWC, IWD,
IWE, IWF, or IWL of Section XI of the 2019 Edition of the ASME BPW
Code, as subject to the conditions in Sec. 50.55a, are 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 (ML17187A031
and ML17187A204), 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 (ML17188A158). 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 proposed 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 2021 Edition. The NRC finds that the 2021 Edition of
Section XI of the ASME BPV Code, Subsections IWB, IWC, IWD, IWE, IWF,
or IWL, as subject to the conditions of this proposed 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 the 2021 Edition of the ASME BPV Code, as subject
to the conditions in this proposed 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 2021 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.
[[Page 53398]]
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 2021 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 2021 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 kilopound per square inch (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 2021 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.
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). The NRC requests comment on this document with respect to the
clarity and effectiveness of the language used.
XI. Environmental Assessment and Final Finding of No Significant
Environmental Impact
The NRC has determined under the National Environmental Policy Act
of 1969, as amended, and the Commission's regulations in subpart A of
10 CFR part 51, that this rule, if adopted, would not be a major
Federal action significantly affecting the quality of the human
environment and, therefore, an environmental impact statement is not
required.
This proposed rule is in accordance with the NRC's policy to
incorporate by reference in Sec. 50.55a new editions of the ASME BPV
and OM Codes to provide updated rules for construction 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 proposed
rule 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. This proposed 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 effect on the quality of the human environment
from this action. Public stakeholders should note, however, that
comments on any aspect of this environmental assessment may be
submitted to the NRC as indicated under the ADDRESSES caption.
XII. Paperwork Reduction Act Statement
This proposed rule does not contain any new or amended collections
of information subject to the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.). Existing collections of information were approved
by the Office of Management and Budget (OMB), approval number 3150-
0011.
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. Voluntary Consensus Standards
The National Technology Transfer and Advancement Act of 1995,
Public Law 104-113, requires that Federal agencies use technical
standards that are developed or adopted by voluntary consensus
standards bodies unless using such a standard is inconsistent with
applicable law or is otherwise impractical. In this proposed rule, the
NRC is continuing to use the ASME BPV and OM Codes by incorporating by
reference the 2021 Edition of the BPV Code and the 2022 Edition of the
OM Code. The ASME Code editions constitute voluntary consensus
standards, in which all interested parties (including the NRC and
licensees of nuclear power plants) participate. The NRC invites comment
on the applicability and use of other standards.
XIV. Public Meeting
The NRC will conduct a public meeting on the proposed rule for the
purpose of describing the updates to the Code editions. The NRC staff
will be available to answer questions from the public regarding this
proposed rule.
The NRC will publish a notice of the location, time, and agenda of
the meeting in the Federal Register, on Regulations.gov, and on the
NRC's public meeting website within at least 10 calendar days before
the meeting. Stakeholders should monitor the NRC's public meeting
website for information about the public meeting at: https://www.nrc.gov/public-involve/public-meetings/index.cfm.
XV. Incorporation by Reference--Reasonable Availability to Interested
Parties
The NRC proposes to incorporate by reference two recent editions to
the ASME Codes for nuclear power plants. 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 include in a proposed rule a discussion of the
ways that the materials the agency proposes to incorporate by reference
are reasonably available to interested parties or how it worked to make
those
[[Page 53399]]
materials reasonably available to interested parties. The discussion in
this section complies with the requirement for proposed rules as set
forth in Sec. 51.5(a)(1).
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 Sec.
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
Sec. 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 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 proposes to incorporate by reference by
rulemaking in order to participate in the rulemaking process.
The 2021 Edition of the ASME BPV Code and the 2022 Edition of the
ASME OM Code may be viewed, by appointment, at the Technical Library,
which is located at Two White Flint, 11545 Rockville Pike, Rockville,
Maryland 20852. You may submit your request to the Technical Library
via email at [email protected] between 8:00 a.m. and 4:00 p.m.
eastern time, Monday through Friday, except Federal holidays. In
addition, as described in Section XV of this document, documents
related to this proposed rule are available online in the NRC's ADAMS
Public Documents collection at https://www.nrc.gov/reading-rm/adams.html.
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 Dr., Ann Arbor, MI 48108; https://www.techstreet.com). The purchase prices for individual documents range
from $325 to $720 and the cost to purchase all documents is
approximately $9,000.
For the class of interested parties constituting members of the
public who wish to gain access to the materials to be incorporated by
reference in order to participate in the 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
proposed rule, 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 March 2, 2023, the ASME agreed to make the materials
available online in a read-only electronic access format during the
public comment period (ML23068A033). Therefore, the two editions of the
ASME Codes for nuclear power plants that the NRC proposes to
incorporate by reference in this rulemaking are available in read-only
format at the ASME website https://go.asme.org/NRC-ASME.
The materials are available to all interested parties in multiple
ways and in a manner consistent with their interest in this proposed
rule. Therefore, the NRC concludes that the materials the NRC proposes
to incorporate by reference in this proposed rule are reasonably
available to all interested parties.
XVI. Availability of Documents
The NRC is making the documents identified in Table 1 available to
interested persons through one or more of the following methods, as
indicated. To access documents related to this action, see the
ADDRESSES section of this document.
Table 1--Availability of Documents
------------------------------------------------------------------------
Document ADAMS accession No.
------------------------------------------------------------------------
Proposed Rule Documents:
Rulemaking: Proposed ML23032A316.
Rule: Regulatory
Analysis for American
Society of Mechanical
Engineers 2021-2022 Code
Editions Update, July
2023.
Rulemaking: Proposed ML23032A318.
Rule: Unofficial Redline
Strikeout of the NRC's
Proposed Rule: RE:
Proposed Rule to
Incorporate by Reference
American Society of
Mechanical Engineers
Codes, July 2023.
Related Documents:
Draft regulatory guide ML22304A054.
(DG), DG-1403, ``Quality
Assurance Program
Criteria (Design and
Construction),'' April
2023.
Rulemaking: Proposed ML23068A033.
Rule: Email from Kathryn
Hyam (ASME) to Louise
Lund (NRC), Request for
Limited Public Access of
Code for Public Comment
Period, March 2, 2023.
Staff Requirements-- ML003755050.
Affirmation Session,
11:30 a.m., Friday,
September 10, 1999,
Commissioners'
Conference Room, One
White Flint North,
Rockville, Maryland
(Open to Public
Attendance).
Regulatory Guide 1.147, ML21181A222.
Revision 20, ``Inservice
Inspection Code Case
Acceptability, ASME
Section XI, Division
1,'' December 2021.
NUREG-1801, Revision 2, ML103490041.
``Generic Aging Lessons
Learned (GALL) Report,''
December 2010.
[[Page 53400]]
NUREG-1800, Revision 2, ML103490036.
``Standard Review Plan
for Review of License
Renewal Applications for
Nuclear Power Plants,''
December 2010.
NUREG-2191, ``Generic ML17187A031
Aging Lessons Learned ML17187A204.
for Subsequent License
Renewal (GALL-SLR)
Report,'' July 2017.
NUREG-1950, ``Disposition ML11116A062.
of Public Comments and
Technical Bases for
Changes in the License
Renewal Guidance
Documents NUREG-1801 and
NUREG-1800,'' April 2011.
NUREG-2192, ``Standard ML17188A158.
Review Plan for Review
of Subsequent License
Renewal Applications for
Nuclear Power Plants,''
July 2017.
Final Safety Evaluation ML20322A019.
Enclosure for NEI 14-
05A, Rev. 1, November
23, 2020.
Nuclear Energy Institute ML20135H229.
(NEI) 14-05A,
``Guidelines for the Use
of Accreditation in Lieu
of Commercial Grade
Surveys for Procurement
of Laboratory
Calibration and Test
Services,'' Revision 1,
May 2020.
ASME Codes, Standards, and
Code Cases:
ASME BPV Code, Section https://go.asme.org/NRC-ASME.
III, Division 1: 2021
Edition.
ASME BPV Code, Section https://go.asme.org/NRC-ASME.
XI, Division 1: 2021
Edition.
ASME OM Code, Division 1: https://go.asme.org/NRC-ASME.
2022 Edition.
------------------------------------------------------------------------
Throughout the development of this rulemaking, the NRC may post
documents related to this proposed rule, including public comments, on
the Federal rulemaking website at https://www.regulations.gov under
Docket ID NRC-2018-0289. The Federal rulemaking website allows members
of the public to receive alerts when changes or additions occur in a
docket folder. To subscribe take the following steps: (1) navigate to
the docket folder (NRC-2018-0289); (2) click the ``Subscribe'' link;
and (3) enter an email address and click on the ``Subscribe'' button.
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. 553, the NRC proposes to adopt
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)(19), remove the word ``and'';
0
b. Revise paragraph (a)(1)(i)(E)(20);
0
c. Add paragraph (a)(1)(i)(E)(21);
0
d. In paragraph (a)(1)(ii)(C)(55), remove the word ``and'';
0
e. Revise paragraph (a)(1)(ii)(C)(56);
0
f. Add paragraph (a)(1)(ii)(C)(57);
0
g. Revise paragraphs (a)(1)(iii)(D) and (a)(1)(iv)(C);
0
h. Revise paragraph (b)(1)(iv);
0
i. Revise paragraphs (b)(1)(vi), (b)(1)(xi) introductory text,
(b)(1)(xi)(B), and (b)(1)(xiii);
0
j. Add paragraph (b)(1)(xiv);
0
k. Revise paragraphs (b)(2) introductory text, (b)(2)(viii), and (ix);
0
l. Remove and reserve paragraph (b)(2)(xv);
0
m. Revise paragraph (b)(2)(xxxiv);
0
n. Add paragraphs (b)(2)(xliv) through (xlix);
0
o. Revise paragraph (b)(3)(ii) introductory text;
0
p. Remove and reserve paragraphs (b)(3)(iii)(B) and (C);
0
q. Revise paragraphs (b)(3)(vii) and (x);
0
r. In the last sentence of the introductory text to paragraph (d),
remove the text ``conditions:'' and add in its place the text
``conditions.'';
0
s. Add paragraph (g)(6)(ii)(D)(9); and
0
t. Revise paragraphs (g)(6)(ii)(F)(1) and (8).
The revisions and additions read as follows:
Sec. 50.55a Codes and standards.
(a) * * *
(1) * * *
(i) * * *
(E) * * *
(20) 2019 Edition (including Subsection NCA; and Division 1
subsections NB through NG and Appendices); and
(21) 2021 Edition (including Subsection NCA; and Division 1
subsections NB through NG and Appendices).
(ii) * * *
(C) * * *
(56) 2019 Edition; and
(57) 2021 Edition.
(iii) * * *
(D) ASME BPV Code Case N-770-7. ASME BPV Code Case N-770-7,
``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: December 4, 2020), with the conditions in paragraph (g)(6)(ii)(F)
of this section.
* * * * *
(iv) * * *
(C) Operation and Maintenance of Nuclear Power Plants, ``Division
1: OM Code: Section IST'':
(1) 2012 Edition;
(2) 2017 Edition;
(3) 2020 Edition; and
(4) 2022 Edition.
* * * * *
(b) * * *
(1) * * *
(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-
[[Page 53401]]
7000 of that Edition and Addenda of Section III, with the exceptions in
paragraph (b)(1)(iv)(A) of this section, 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.
(A) Subpart 2.19 in NQA-1-2017, NQA-1-2019 and NQA-1-2022 is not
approved for use
(B) [Reserved]
* * * * *
(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 sheaths where service conditions do
not cause the components to reach temperatures exceeding 900 [deg]F.
This condition is not applicable to the 2015 Edition and later
editions.
* * * * *
(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 first provision in
paragraph (b)(1)(xi)(A) of this section. When applying the 2015 through
2021 Editions of Section III, Mandatory Appendix XXVI, ``Rules for
Construction of Class 3 Buried Polyethylene Pressure Piping,''
applicants or licensees must meet the second provision in paragraph
(b)(1)(xi)(B) of this section. When applying the 2017 Edition of
Section III, Mandatory Appendix XXVI, ``Rules for Construction of Class
3 Buried Polyethylene Pressure Piping,'' applicants or licensees must
meet the third provision in paragraph (b)(1)(xi)(C) of this section.
* * * * *
(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 of the 2015
through 2021 Editions of BPV Code Section III, 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.
* * * * *
(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 through the latest
edition and addenda incorporated by reference in paragraph (a)(1)(i) of
this section, 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 through the latest edition and addenda incorporated by
reference in paragraph (a)(1)(i) of this section, 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 through the latest edition and addenda incorporated by
reference in paragraph (a)(1)(i) of this section, 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.
(xiv) Section III condition: Repairs to Stamped Components.
Applicants or licensees applying the provisions of NCA-8151, NCA-8500
and Nonmandatory Appendix NN in the 2021 Edition of Section III, are
required to meet all of the requirements in Nonmandatory Appendix NN.
(2) Conditions on ASME BPV Code, Section XI. As used in this
section, references to Section XI refer to Section XI, Division 1, in
the editions and addenda of the ASME BPV Code 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 2019 Edition, must apply paragraphs
(b)(2)(viii)(H) and (I) of this section.
(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 2019
Edition, must satisfy the requirements of paragraphs (b)(2)(ix)(A)(2)
and (b)(2)(ix)(B) and (J) of this section. Applicants or licensees
applying Subsection IWE, 2021 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)(B) and
(J) of this section.
* * * * *
(xxxiv) Section XI condition: Nonmandatory Appendix U.
(A) When using Nonmandatory Appendix U of the ASME BPV Code,
Section XI, 2013 Edition through the 2019 Edition, the following
conditions apply:
(1) The repair or replacement activities temporarily deferred under
the provisions of Nonmandatory Appendix U must be performed during the
next schedule refueling outage.
(2) In lieu of the appendix referenced in paragraph U-S1-4.2.1(c)
of Appendix U of the 2013 and the 2015 Editions, the mandatory appendix
of the latest NRC approved version of the ASME BPV Code Case N-513 in
NRC Regulatory Guide 1.147 must be used.
[[Page 53402]]
(B) Use of Nonmandatory Appendix U, Supplement U-S1 of the ASME BPV
Code, Section XI, 2021 Edition is prohibited.
* * * * *
(xliv) Section XI condition: Nonmandatory Appendix Y. When using
Nonmandatory Appendix Y of the ASME BPV Code, Section XI, 2021 Edition,
the following conditions apply:
(A) Use of Nonmandatory Appendix Y, Article Y-2200 is prohibited.
(B) Use of Nonmandatory Appendix Y, Subarticle Y-2440 is
prohibited.
(C) Use of Nonmandatory Appendix Y, Article Y-3200 is prohibited.
(xlv) Section XI condition: Pressure Testing of Containment
Penetration Piping After Repair/Replacement Activities. Applicants or
licensees applying the provision of IWA-4540(a) and (e) of the 2021
Edition of the ASME Code, Section XI, are required to perform a VT-2
examination of the area affected by the repair/replacement activity
during the Type C test in appendix J to this part.
(xlvi) Section XI condition: Contracted Repair/Replacement
Organization Fabricating Items Offsite of the Owner's Facility. When
applicants or licensees apply the provision of IWA-4143 in the 2021
Edition of Section XI of the ASME Code, a contracted Repair/Replacement
Organization fabricating ASME Code, Section III parts, appurtenances,
piping subassemblies, and supports offsite of the Owner's facility
(e.g., vendor facility) without an ASME Certificate of Authorization
and without applying an ASME Stamp/Certification Mark is prohibited.
(xlvii) Section XI condition: Weld Overlay Design Crack Growth
Analysis. Under Subparagraph Q-3000(a) stress corrosion crack growth
analysis is required within the weld overlay material.
(xlviii) Section XI condition: Analytical Evaluations of
Degradation. Applicants or licensees using the 2021 Edition of Section
XI must submit analytical evaluations performed as required by IWB-
3132.3 and IWC-3132.3 to the Nuclear Regulatory Commission.
(xlix) Section XI condition: Analytical Evaluations of Flaws in
Cladding. The use of IWB-3600(b)(1) in the 2021 Edition of ASME BPV
Code, Section XI (Division 1) is prohibited for the inlay and onlay
that are subject to the augmented inspection requirements in paragraph
(g)(6)(ii)(F) of this section.
(3) * * *
(ii) OM condition: Motor-Operated Valve (MOV) testing. Licensees
must comply with the provisions for testing MOVs in ASME OM Code, ISTC
4.2, 1995 Edition with the 1996 and 1997 Addenda, or ISTC-3500, 1998
Edition through the latest edition and addenda incorporated by
reference in paragraph (a)(1)(iv) of this section, and must establish a
program to ensure that MOVs continue to be capable of performing their
design basis safety functions. Licensees implementing ASME OM Code,
Mandatory Appendix III, ``Preservice and Inservice Testing of Active
Electric Motor-Operated Valve Assemblies in Water-Cooled Reactor
Nuclear Power Plants,'' of the 2009 Edition, through the latest edition
and addenda of the ASME OM Code incorporated by reference in paragraph
(a)(1)(iv) of this section shall comply with the following conditions
(with the exception of conditions in paragraphs (A), (B), and (C) when
implementing the 2022 Edition of the ASME OM Code):
* * * * *
(vii) OM condition: Snubber visual examination interval extension.
When implementing Subsection ISTD, paragraph ISTD-4253, and Note 7 of
Table ISTD-4252-1, in the 2022 Edition of the ASME OM Code,
incorporated by reference in paragraph (a)(1)(iv) of this section, to
extend snubber visual examination beyond 2 refueling cycles (48
months), the licensee is prohibited from applying OM Code Case OMN-15,
Revision 2, to extend the operational readiness testing interval of
snubbers.
* * * * *
(x) OM condition: Class 1 Pressure Relief Valve Sample Expansion.
When implementing paragraph I-1320(c)(1) in Appendix I, ``Inservice
Testing of Pressure Relief Devices in Water-Cooled Reactor Nuclear
Power Plants,'' of the editions and addenda of the ASME OM Code,
incorporated by reference in paragraph (a)(1)(iv) of this section, the
requirement for sample expansion of Class 1 Pressure Relief Valves
shall be implemented such that for each valve tested for which the as-
found set-pressure (first test actuation) exceeds the plus/minus
tolerance limit of the Owner-established design set-pressure acceptance
criteria of paragraph I-1310(e), or 3 percent of valve
nameplate set-pressure if the Owner has not established design set-
pressure acceptance criteria, two additional valves shall be tested
from the same valve group.
* * * * *
(g) * * *
(6) * * *
(ii) * * *
(D) * * *
(9) Volumetric Qualifications. Volumetric examinations of Table 1
of ASME Code Case N-729-6 may be qualified in accordance with Section
XI, Division 1, Mandatory Appendix VIII, Supplement 15, in the 2021
Edition or later Editions, in lieu of subparagraphs (a) through (j) of
2500 of ASME Code Case N-729-6.
* * * * *
(F) * * *
(1) Implementation. Holders of operating licenses or combined
licenses for pressurized-water reactors as of or after September 7,
2023, shall implement the requirements of ASME BPV Code Case N-770-7
instead of ASME BPV Code Case N-770-5, subject to the conditions
specified in paragraphs (g)(6)(ii)(F)(2) through (16) of this section,
by no later than one year after September 7, 2023. All NRC authorized
alternatives from previous versions of paragraph (g)(6)(ii)(F) of this
section remain applicable.
* * * * *
(8) Optimized weld overlay examination. Following initial inservice
volumetric inspection for Inspection Items C-2 and F-2 of Table 1 of
ASME Code Case N-770-7, for weld overlay examination volumes that show
no indication of crack growth or new cracking, in lieu of sample
population, 100 percent of these optimized weld overlayed welds shall
be added to the ISI program in accordance with -2410 of ASME Code Case
N-770-7 and shall be examined once each inspection interval.
* * * * *
Dated: July 18, 2023.
For the Nuclear Regulatory Commission.
Andrea D. Veil,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 2023-16686 Filed 8-7-23; 8:45 am]
BILLING CODE 7590-01-P