[Federal Register Volume 89, Number 169 (Friday, August 30, 2024)]
[Rules and Regulations]
[Pages 70449-70469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19235]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 89, No. 169 / Friday, August 30, 2024 / Rules
and Regulations
[[Page 70449]]
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: Final rule.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending 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: This final rule is effective on September 30, 2024. The
incorporation by reference of certain publications listed in the
regulation is approved by the Director of the Federal Register as of
September 30, 2024.
ADDRESSES: 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. Address
questions about NRC dockets to Helen Chang; telephone: 301-415-3228;
email: [email protected]. For technical questions, contact the
individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain 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: The PDR, where you may examine and order copies
of publicly available documents, is open by appointment. To make an
appointment to visit the PDR, please send an email to
PDR.Resource.nrc.gov 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.
Technical Library: The Technical Library, which is located
at Two White Flint North, 11545 Rockville Pike, Rockville, Maryland
20852, is open by appointment. Interested parties may make appointments
to examine documents by contacting the NRC Technical Library by email
at [email protected] between 8 a.m. and 4 p.m. eastern time,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Tyler Hammock, Office of Nuclear
Material Safety and Safeguards, telephone: 301-415-1381, email:
[email protected]; or Michael Benson, Office of Nuclear Reactor
Regulation, telephone: 301-415-2425, email: [email protected].
Both are staff of the U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001.
SUPPLEMENTARY INFORMATION:
Executive Summary
A. Need for the Regulatory Action
The NRC is amending its regulations to incorporate by reference the
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 final rule is in accordance
with the NRC's practice to incorporate those new editions into the
NRC's regulations. This rule maintains the safety of nuclear power
plants, makes NRC activities more effective and efficient, and allows
nuclear power plant licensees and applicants to take advantage of the
latest ASME 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 XIV of this document,
``Voluntary Consensus Standards.''
B. Major Provisions
Major provisions of this final rule include the incorporation by
reference with conditions of the following ASME Codes 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 regulatory analysis to determine the expected
costs and benefits of this final rule. The regulatory analysis
identifies costs and benefits in both a quantitative fashion as well as
in a qualitative fashion.
Based on the analysis, the NRC concludes that this final rule
results in a net quantitative averted cost to the industry and a net
cost to the NRC. This final rule, relative to the regulatory baseline,
results 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 final rule, relative to the regulatory baseline,
results 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
[[Page 70450]]
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 regulatory
action exceed the costs of the action. When the qualitative benefits
(including the safety benefit and improvement in knowledge) are
considered together with the quantified benefits, the benefits outweigh
the identified quantitative and qualitative costs.
The NRC has had a decades-long practice of approving and/or
mandating the use of certain parts of editions and addenda of these
ASME Codes in Sec. 50.55a. Continuing this practice in this final rule
ensures regulatory stability and predictability. This practice also
provides consistency across the industry and provides assurance to the
industry and the public that the NRC will continue to support the use
of the most updated and technically sound techniques developed by 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 final regulatory analysis
(ML24053A051) in the NRC's ADAMS.
Table of Contents
I. Background
II. Discussion
A. ASME BPV Code, Section III
B. ASME BPV Code, Section XI
C. ASME OM Code
D. Editorial Correction
III. Opportunities for Public Participation
IV. Public Comment Analysis
V. Section-by-Section Analysis
VI. Generic Aging Lessons Learned Report
VII. Regulatory Flexibility Certification
VIII. Regulatory Analysis
IX. Backfitting and Issue Finality
X. Plain Writing
XI. Environmental Assessment and Final Finding of No Significant
Environmental Impact
XII. Paperwork Reduction Act
XIII. Congressional Review Act
XIV. Voluntary Consensus Standards
XV. Incorporation by Reference--Reasonable Availability to
Interested Parties
XVI. Availability of Guidance
XVII. Availability of Documents
I. Background
The ASME develops and publishes the ASME BPV Code, which contains
requirements for the design, construction, and inservice inspection
(ISI) of nuclear power plant components, and the ASME 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 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 publication 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 September10, 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 final 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 final rule that the NRC finds to be
conditionally acceptable, together with the applicable conditions, are
also identified in the ``Discussion,'' ``Regulatory Analysis,'' and
``Backfitting and Issue Finality'' sections of this document.
[[Page 70451]]
The ASME Codes are voluntary consensus standards, and the NRC's
incorporation by reference of these Codes is consistent with applicable
requirements of the NTTAA. Additional discussion on the NRC's
compliance with the NTTAA is set forth in Section XIV of this document,
``Voluntary Consensus Standards.''
II. Discussion
The NRC regulations incorporate by reference ASME Codes for nuclear
power plants. This final rule is the latest in a series of rulemakings
to amend the NRC's regulations to incorporate by reference revised and
updated ASME Codes for nuclear power plants. This final rule is
intended to maintain the safety of nuclear power plants and make NRC
activities more effective and efficient.
The NRC follows a three-step process to determine acceptability of
new provisions in new editions 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 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 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 final 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.
The NRC is amending 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 final rule revises 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 final rule revises Sec.
50.55a(a)(1)(ii) to incorporate by reference the 2021 Edition (Division
1) of the ASME BPV Code, Section XI. It also clarifies the wording and
adds, removes, or revises some of the conditions as explained in this
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 final rule revises 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 errata to their ASME Code of Record.
The NRC reviewed changes to the Codes in the editions identified in
this final rule and published a proposed rule in the Federal Register
setting forth the NRC's proposal to incorporate by reference the ASME
Codes, together with proposed conditions on their use (88 FR 53384;
August 8, 2023). The NRC also proposed to correct minor editorial and
administrative errors, including spacing and typos. After consideration
of the public comments received on the proposed rule (public comments
are discussed in Section IV of this document, ``Public Comment
Analysis''), the NRC concludes, 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 set forth in this final
rule. Each of the NRC conditions and the reasons for each condition are
discussed in the following sections of this document. The discussions
are organized under the applicable ASME Code and Section.
A. ASME BPV Code, Section III
Section 50.55a(a)(1)(i)(E) Rules for Construction of Nuclear
Facility Components-Division 1.
The NRC is revising Sec. 50.55a(a)(1)(i)(E) to incorporate by
reference the 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 final rule revises 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.
Users of Section III of the ASME BPV Code are reminded that ASME
has relocated certain overpressure protection requirements for safety
and relief valves to Section XIII, ``Rules for
[[Page 70452]]
Overpressure Protection,'' of the ASME BPV Code, such as Part 9,
``Capacity and Flow Resistance Certification.'' ASME prepared Section
XIII of the BPV Code to consolidate the overpressure protection
requirements into one BPV Code Section to benefit all stakeholders by
advancing the technology with participation from a broader group of
subject matter experts. This relocation collects overpressure
protection requirements into a single location rather than specifying
them in various sections and divisions of the ASME BPV Code. ASME
stated that it did not intend a technical change by this relocation of
the overpressure protection requirements. Where appropriate, Section
III of the ASME BPV Code specifies a direct citation to the relocated
overpressure protection requirements in Section XIII of the ASME BPV
Code.
Section 50.55a(b)(1)(iv) Section III Condition: Quality Assurance
The NRC is incorporating 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 published a Regulatory Guide (RG), RG 1.28 Rev. 6,
``Quality Assurance Program Criteria (Design and Construction),''
(ML23177A002) that, among other things, endorsed 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 62292). As described in the RG, licensees and suppliers of basic
components can take credit for the International Laboratory
Accreditation Cooperation 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 endorsement is 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 RG 1.28 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 adding a condition to prohibit the use of Subpart
2.19 in NQA-1-2017, NQA-1-2019, and NQA-1-2022.
Section 50.55a(b)(1)(vi) Section III Condition: Subsection NH
The NRC is revising 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 is revising 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
Sec. 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 Sec. 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 Sec. 50.55a(b)(1)(xi)(C).
As a result of a public comment received, the NRC has modified the
second provision, Sec. 50.55a(b)(1)(xi)(B), to provide more clarity in
the first sentence, and replaced the second sentence to clarify that,
in the event of breakage in a specimen that is away from the fusion
zone, a retest may be required only if the base material failed at less
than the minimum required base material yield strength.
Section 50.55a(b)(1)(xiii) Section III Condition: Preservice Inspection
of Steam Generator Tubes
The NRC is revising 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 revising 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 adding 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.''
Since this Nonmandatory Appendix is not required to be followed by
the ASME Code, all or none of the requirements in this 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. The 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
[[Page 70453]]
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 BPV Code, Section XI
The NRC is amending 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 Sec. 50.55a(b)(2).
Section 50.55a(b)(2) Conditions on ASME BPV Code Section XI
The NRC is revising the definition of Section XI in Sec.
50.55a(b)(2) to 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 is limiting 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 prior
Editions 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).
Revisions to IWL-2512 require the technical evaluation discussed in
IWL-2512(b) be completed every 5 years. Since these new Section XI
provisions in the 2021 Edition address the requirement in the existing
NRC condition, it is appropriate for the NRC to limit the applicability
of the existing conditions to the prior editions.
Section 50.55a(b)(2)(ix) Section XI Condition: Metal Containment
Examinations
The NRC is limiting the applicability of the existing condition in
Sec. 50.55a(b)(2)(ix)(A)(2), the first provision for metal containment
examinations, to prior Editions of the ASME Code. Revisions to IWA-6230
require the information described in the existing Sec.
50.55a(b)(2)(ix) condition be included in the required OAR. Since this
new Section XI provision in the 2021 Edition addresses the requirement
in the existing NRC condition, it is appropriate for the NRC to limit
the applicability of the existing condition to the earlier editions.
Section 50.55a(b)(2)(xv) Section XI Condition: Appendix VIII Specimen
Set and Qualification Requirements
The NRC is eliminating this condition as it is no longer applicable
to any licensee. This condition only applied 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 applied 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 is amending 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 should 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
impose 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 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 RG 1.147 incorporated by reference in Sec.
50.55a(a)(3)(ii).
The NRC is modifying 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 approved in RG 1.147 at the time the case was
incorporated into the licensee's inservice inspection program. The NRC
is renumbering this existing condition to Sec.
50.55a(b)(2)(xxxiv)(A)(2) and revising 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)(xxxvi) Section XI Condition: Fracture Toughness of
Irradiated Materials
The NRC is amending Sec. 50.55a(b)(2)(xxxvi), to require
determination of the Master Curve parameters T0 and
RTT0 as prescribed in ASME BPV Code, Section III, NB-2331,
subparagraph (a)(5). This change eliminates the requirement to submit
such determinations to the NRC for review and replaces that submittal
requirement with an acceptable method for determining these fracture
toughness parameters.
Although this specific change to Sec. 50.55a(b)(2)(xxxvi) was not
in the proposed rule, the proposed rule requested comments on the NRC's
proposal to condition the 2021 Edition of the ASME Code, Section XI to
require that analytical evaluation reports continue to be submitted to
the NRC. The proposed rule noted that analytical reports provide the
NRC operating experience data to monitor degradation trends across the
industry to ensure public health and safety and that similar reporting
requirements can be found in 50.55a, including Sec.
50.55a(b)(2)(xxxii). In the proposed rule, the NRC specifically asked
for comments on how the NRC could effectively leverage the information
provided in such reports in a way that is transparent to stakeholders
and ensures structural integrity of nuclear components without
incurring excessive administrative burden for plant owners.
The NRC is making this change in response to a public comment that
reviewed the history of the codification of Master Curve methods and
NRC's regulatory treatment of those
[[Page 70454]]
requirements. The NRC determined that use of the NB-2331(a)(5) is a
consistent, technically justified regulatory approach to the Master
Curve under Sec. 50.55a(z).
Section 50.55a(b)(2)(xliii) Section XI Condition: Regulatory Submittal
Requirements
The NRC is modifying Sec. 50.55a(b)(2)(xliii)(A), to clarify that
the analysis for an out-of-limit condition described in Section XI,
IWB-3720(a) is not subject to NRC review and approval.
Although this specific modification was not in the proposed rule,
the proposed rule requested comments on the NRC's proposal to condition
the 2021 Edition of the ASME Code, Section XI to require that
analytical evaluation reports continue to be submitted to the NRC. The
proposed rule noted that analytical reports provide the NRC and
operating experience data to monitor degradation trends across the
industry to ensure public health and safety and that similar reporting
requirements can be found in 50.55a, including 50.55a(b)(2)(xliii).
The NRC agreed in part with a public comment stating that
Nonmandatory Appendix E has been reviewed and approved by the NRC
through incorporation by reference. The NRC agreed that the original
submission requirement in IWB-3720 was not clear on whether review and
approval by the regulatory authority was needed. The immediate safety
impacts of a pressure-temperature limit excursion on vessel integrity
are assessed through the NRC's reactor oversight process, so there is
no need to specify NRC review and approval of the analysis in Sec.
50.55a. While NRC review and approval is no longer required, licensees
are still be required to submit the analysis to the NRC.
The NRC also is deleting the conditions at Sec.
50.55a(b)(2)(xliii)(B) and (C). This change eliminates the requirement
to submit determination of T0 and RTT0 under
Nonmandatory Appendix A, A-4200(c) and Nonmandatory Appendix G, G-
2110(c) to NRC for review and approval. The NRC is replacing that
submittal requirement with an acceptable method for determining these
fracture toughness parameters in new condition Sec. 50.55a(b)(2)(l).
The NRC is making this change due to a public comment that reviewed the
history of the codification of Master Curve methods and NRC's
regulatory treatment of those requirements. The NRC determined that use
of the ASME BPV Code, Section III, NB-2331, subparagraph (a)(5)
referenced in new condition Sec. 50.55a(b)(2)(l) is a consistent,
technically justified regulatory approach to the Master Curve.
Section 50.55a(b)(2)(xliv) Section XI Condition: Nonmandatory Appendix
Y
The NRC is adding 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's position is that
licensees must 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 safety when using the
curves and defined variables. Therefore, this 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 is adding 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 (i.e., visual examination during
system walkdown) 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 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. 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 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. 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 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 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 is adding 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 offsite 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 offsite of the Owner's facility. Therefore, a
contracted Repair/Replacement Organization would have been able to
fabricate an item offsite (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
[[Page 70455]]
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 the Owner's contracted Repair/Replacement
Organization (not possessing an ASME Certificate of Authorization) may
occur only at the Owner's facility. The condition is 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 offsite 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 is adding 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 adds 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 is adding 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 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 is adding 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 is adding 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 Sec. 50.55a(g)(6)(ii)(F).
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 have allowed that a flaw, which lies entirely in the cladding of
piping, need not be analytically evaluated.
In comparison, paragraph Sec. 50.55a(g)(6)(ii)(F) addresses the
augmented inspection requirements for Class 1 pressurized water reactor
(PWR) piping and vessel nozzle butt welds. As part of the requirements,
paragraph Sec. 50.55a(g)(6)(ii)(F)(7) 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 Sec.
50.55a(g)(6)(ii)(F)(7), 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 Sec.
50.55a(g)(6)(ii)(F)(7), 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 Sec. 50.55a(g)(6)(ii)(F)(7) 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 is adding 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
Sec. 50.55a(g)(6)(ii)(F).
[[Page 70456]]
Section 50.55a(b)(2)(l) Section XI Condition: Determination of Master
Curve T0
The NRC is adding Sec. 50.55a(b)(2)(l), which was not in the
proposed rule, to require T0 and RTT0 applied
under Nonmandatory Appendix A, A-4200(c) and Nonmandatory Appendix G,
G-2110(c) be determined as prescribed in ASME BPV Code, Section III,
NB-2331, subparagraph (a)(5). The NRC is adding this condition to
replace the previous conditions Sec. 50.55a(b)(2)(xliii)(B) and (C),
which required licensees to submit the determination of T0
and RTT0 for NRC review and approval. The NRC is making this
change due to a public comment that reviewed the history of the
codification of Master Curve methods and NRC's regulatory treatment of
those requirements. The NRC determined that use of the NB-2331(a)(5) is
a consistent, technically justified regulatory approach to the Master
Curve.
Section 50.55a(g)(4)(ii) Section XI Applicable ISI Code: Successive
120-Month Intervals
The NRC is updating Sec. 50.55a(g)(4)(ii), which was not in the
proposed rule, to allow licensees to delay the update of their Appendix
VIII program by up to 18 months after the effective date of this final
rule. The NRC recognizes that updating an Appendix VIII program is a
complex and time-consuming process. Allowing licensees to delay the
update is consistent with previous final rules that incorporated the
ASME Codes by reference. The NRC is making this change due to a public
comment. A public comment was received that indicated that the NRC
mistakenly did not update this provision in the final rule
incorporating by reference the 2019 and 2020 Editions of the ASME Code
or the proposed rule to incorporate by reference the 2021 and 2022
Editions of the ASME Code.
Section 50.55a(g)(6)(ii)(D)(9) Section XI Condition: Volumetric
Qualifications
The NRC is adding 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 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 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 adding 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 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 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 is updating 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 is updating 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 1 year after June 3, 2020, to no later than 1 year
after the rule effective date.
The NRC is modifying 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
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 that
initial 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
[[Page 70457]]
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 and issued Code Case N-770, 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 updating 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 is amending 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 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 is modifying 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 is revising 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 is
reserving 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 is revising 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 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 is reserving 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 is adding 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 is clarifying 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 is adding 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
[[Page 70458]]
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 is clarifying the language
in paragraph I-1320(c)(1).
Based on a public comment requesting to clarify the proposed rule
language, the NRC revised 10 CFR 50.55a(b)(3)(x) to specify two
additional valves to be tested from the same group if expanding the
test sample is required. If the Owner has not established design set-
pressure acceptance criteria, then for each valve tested for which the
as-found set-pressure (first actuation) exceeds 3 percent
of valve nameplate set-pressure, two additional valves shall be tested
from the same valve group. The specification of the 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 is making 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.
III. Opportunities for Public Participation
The proposed rule was published on August 8, 2023, for a 75-day
comment period (88 FR 53384). The public comment period closed on
October 23, 2023.
During the public comment period, the NRC held a public meeting on
September 6, 2023, to discuss the proposed rule, to answer questions on
specific provisions of the proposed rule, and to encourage public input
on the proposed rule. The public meeting summary is available in ADAMS
as provided in the ``Availability of Documents'' section of this
document.
IV. Public Comment Analysis
The NRC published the proposed rule for public comment in the
Federal Register. A comment submission is a communication or document
submitted to the NRC by an individual or entity, with one or more
individual comments addressing a subject or issue. The NRC received
three comment submission(s) in response to the opportunity for public
comment on the proposed rule, with an individual comment total of 22.
These comment submissions were submitted by the following commenters
(listed in order of receipt):
1. Inservice Testing Owners' Group (ISTOG)
2. American Society of Mechanical Engineers (ASME)
3. Electric Power Research Institute (EPRI)
Due to the large number of comments received and the length of the
NRC's response, a summary of the NRC's response to comments in areas of
particular interest to stakeholders is included in this final rule.
This includes comments that prompted the NRC to make more than
editorial changes in this final rule from what the NRC had proposed.
The public comment submittals are available from the Federal rulemaking
website at https://www.regulations.gov under Docket ID NRC-2018-0289. A
discussion of all comments and complete NRC responses are presented in
a separate document, ``Final Rule--Comment Response Document ASME 2021-
2022 Code Editions Update,'' as provided in the ``Availability of
Documents'' section of this document.
V. Section-by-Section Analysis
This section describes the primary revisions made by this final
rule; minor editorial and administrative corrections to correct
spacing, administrative errors, and typos are not identified in this
analysis.
Paragraph (a)(1)(i)(E)
This final rule revises paragraphs (a)(1)(i)(E)(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 final rule revises paragraphs (a)(1)(ii)(C)(55) and (56) and
adds new paragraph (a)(1)(ii)(C)(57) to include the 2021 Edition.
Paragraph (a)(1)(iii)(D)
This final rule revises 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 final rule revises paragraph (a)(1)(iv)(C) to add the 2022
Edition of the ASME OM Code.
Paragraph (b)(1)(iv)
This final rule revises and redesignates existing paragraph
(b)(1)(iv) as paragraph (b)(1)(iv) introductory text, adds new
paragraphs (b)(1)(iv)(A) and (B), and removes and reserves paragraph
(b)(1)(iv)(B).
Paragraph (b)(1)(vi)
This final rule revises paragraph (b)(1)(vi) to revise ``sleeves''
to ``sheaths'' and adds a new sentence that this condition is not
applicable to 2015 and later Editions.
[[Page 70459]]
Paragraph (b)(1)(xi)
This final rule revises the introductory text to paragraph
(b)(1)(xi) to clarify the applicable conditions and adds two new
conditions specific to polyethylene pressure piping when applying the
2015 through 2021 Editions. The rule also revises paragraph
(b)(1)(xi)(B) to add the 2015 to 2021 Editions of BPV Code Section III.
In response to a public comment, the NRC has modified the language from
the proposed paragraph (b)(1)(xi)(B) to provide more clarity. See
Section II of this document, ``Discussion,'' for more information.
Paragraph (b)(1)(xiii)
This final rule revises 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 final rule adds new paragraph (b)(1)(xiv) to require that
Nonmandatory Appendix NN be used in its entirety.
Paragraph (b)(2)
This final rule revises the introductory text of paragraph (b)(2)
to clarify the editions incorporated by reference in paragraph
(a)(1)(ii).
Paragraph (b)(2)(viii)
This final rule revises 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 final rule revises paragraph (b)(2)(ix) to update the
applicability of paragraph (b)(2)(ix)(A)(2).
Paragraph (b)(2)(xv)
This final rule eliminates and reserves the condition at paragraph
(b)(2)(xv).
Paragraph (b)(2)(xxxiv)
This final rule removes the introductory text to paragraph
(b)(2)(xxxiv), leaving only the heading; redesignates paragraphs
(b)(2)(xxiv)(A) and (B) to (b)(2)(xxiv)(A)(1) and (b)(2)(xxiv)(A)(2);
revises paragraph (b)(2)(xxxiv)(A)(1) and (b)(2)(xxxiv)(A)(2) to
require use of the latest version of ASME BPV Code Case N-513 approved
in RG 1.147 at the time the case was incorporated into the licensee's
inservice inspection program; and adds new paragraph (b)(2)(xxxiv)(B)
to prohibit the use of Nonmandatory Appendix U, Supplement U-S1 in the
2021 Edition of Section XI. In response to a public comment, the NRC
has modified the language from the proposed paragraph
(b)(2)(xxxiv)(A)(2), to provide more clarity. See Section II of this
document, ``Discussion,'' for more information.
Paragraph (b)(2)(xxxvi)
This final rule revises this condition in paragraph (b)(2)(xxxvi)
to require that T0 and RTT0 be determined as
specified in the 2021 Edition of ASME BPV Code, Section III, NB-2331,
subparagraph (a)(5). In response to a public comment, the NRC has
modified the language in (b)(2)(xxxvi), which was not in the proposed
rule, to allow the use of Master Curve methods, as specified in NB-
2331(a)(5) without obtaining approval from the NRC under Sec.
50.55a(z). See Section II of this document, ``Discussion,'' for more
information.
Paragraph (b)(2)(xliii)
This final rule revises the introductory text to include language
from paragraph (b)(2)(xliii)(A), removes paragraphs (A) through (C),
and removes the requirement for NRC review and approval. In response to
a public comment, the NRC has modified the language from paragraph
(b)(2)(xliii), which was not in the proposed rule. See Section II of
this document, ``Discussion,'' for more information.
Paragraph (b)(2)(xliv)
This final rule adds 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 final rule adds 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 10 CFR part 50.
Paragraph (b)(2)(xlvi)
This final rule adds new paragraph (b)(2)(xlvi) to prohibit a
contracted Repair/Replacement Organization without an ASME Certificate
of Authorization and not applying 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 final rule adds 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 final rule adds 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 final rule adds new 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)(2)(l)
This final rule adds new paragraph (b)(2)(l) to require users of
the 2017 Edition of Section XI through the latest Edition and
implementing Nonmandatory Appendix A, A-4200(c) and Nonmandatory
Appendix G, G-2110(c) to determine T0 and RTT0 as
specified in the 2021 Edition of the ASME BPV Code, Section III, NB-
2331, subparagraph (a)(5). In response to a public comment, the NRC has
added new paragraph (b)(2)(l), which did not appear in the proposed
rule, to allow the use of Master Curve methods, including NB-
2331(a)(5), and to align with changes in paragraph (b)(2)(xliii) of
this section. See Section II of this document, ``Discussion,'' for more
information.
Paragraph (b)(3)(ii)
This final rule revises 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 final rule revises 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 final rule replaces 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
[[Page 70460]]
related to snubbers to be consistent with the accepted provisions in OM
Code Case OMN-15.
Paragraph (b)(3)(x)
This final rule creates 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).
In response to a public comment, the NRC has modified the language from
the proposed paragraph (b)(3)(x) for clarity regarding inservice valve
testing. See Section II of this document, ``Discussion,'' for more
information.
Paragraph (d)
This final rule revises the introductory text of paragraph (d) by
correcting an editorial error. The colon is replaced with a period, at
the end of the second sentence.
Paragraph (g)(4)(ii)
This final rule revises paragraph (g)(4)(ii) to update the dates to
conform with this rule. In response to a public comment, the NRC has
modified the language in paragraph (g)(4)(ii), which was not in the
proposed rule, to allow licensees to delay the update of their Appendix
VIII program by up to 18 months after the effective date of this final
rule. See Section II of this document, ``Discussion,'' for more
information.
Paragraph (g)(6)(ii)(D)(9)
This final rule adds new paragraph (g)(6)(ii)(D)(9) to allow
licensees the option to utilize Supplement 15 of Mandatory Appendix
VIII, in the 2021 Edition 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 final rule revises 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 updates
the dates to conform with this rule.
Paragraph (g)(6)(ii)(F)(8)
This final rule modifies 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. 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, 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
[[Page 70461]]
Sec. 50.55a, are acceptable for complying with the requirements of
Sec. 54.21(a)(3), unless specifically noted in certain sections of the
GALL-SLR Report.
Evaluation With Respect to Aging Management
As part of this final rule, the NRC evaluated whether those AMPs in
the GALL Report and GALL-SLR Report that rely upon Subsections IWB,
IWC, IWD, IWE, IWF, or IWL of Section XI in the editions and addenda of
the ASME BPV Code incorporated by reference into Sec. 50.55a, in
general continue to be acceptable if the AMP relies upon these
Subsections in the 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 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 final rule, without additional justification.
Similarly, a licensee approved for license renewal that relied on the
AMPs may use Subsections IWB, IWC, IWD, IWE, IWF, or IWL of Section XI
of the 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.
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)) (1034
megapascals (MPA)) 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.
VII. Regulatory Flexibility Certification
Under the Regulatory Flexibility Act (5 U.S.C. 605(b)), the NRC
certifies that this rule does not have a significant economic impact on
a substantial number of small entities. This final rule affects only
the licensing and operation of nuclear power plants. The companies that
own these plants do not fall within the scope of the definition of
``small entities'' set forth in the Regulatory Flexibility Act or the
size standards established by the NRC (10 CFR 2.810).
VIII. Regulatory Analysis
The NRC has prepared a final regulatory analysis on this
regulation. The analysis examines the costs and benefits of the
alternatives considered by the NRC. The regulatory analysis is
available as indicated in the ``Availability of Documents'' section of
this document.
IX. Backfitting and Issue Finality
Introduction
The NRC's Backfit Rule in Sec. 50.109 states that the NRC shall
require the backfitting of a facility only when it finds the action to
be justified under specific standards stated in the rule. Section
50.109(a)(1) defines backfitting as the modification of or addition to
systems, structures, components, or design of a facility; the design
approval or manufacturing license for a facility; or the procedures or
organization required to design, construct, or operate a facility. Any
of these modifications or additions may result from a new or amended
provision in the NRC's rules or the imposition of a regulatory position
interpreting the NRC's rules that is either new or different from a
previously applicable NRC position after issuance of the construction
permit or the operating license or the design approval.
Section 50.55a requires nuclear power plant licensees to--
Construct ASME BPV Code Class 1, 2, and 3 components in
accordance with the rules provided in Section III, Division 1, of the
ASME BPV Code (``Section III'').
Inspect, examine, and repair or replace Class 1, 2, 3,
Class MC, and Class CC components in accordance with the rules provided
in Section XI, Division 1, of the ASME BPV Code (``Section XI'').
Test Class 1, 2, and 3 pumps and valves in accordance with
the rules provided in the ASME OM Code.
Inspect, examine, repair, or replace, and test Class 1, 2,
and 3 dynamic restraints (snubbers) in accordance with the rules
provided in either the ASME OM Code or Section XI, depending on the
Code edition.
This rulemaking incorporates 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
[[Page 70462]]
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
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: Changes Beyond Those Necessary To
Incorporate by Reference the New ASME BPV and OM Code Provisions
This section discusses the backfitting considerations for all the
changes to Sec. 50.55a that go beyond the minimum changes necessary
and required to adopt the new ASME Code 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 revision clarifies
current requirements and is consistent with the meaning and intent of
current requirements. The condition does not constitute a new or
changed NRC position. Therefore, this 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
Sec. 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 Sec. 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 Sec. 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 revising
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
condition on Nonmandatory Appendix NN does not constitute a new or
changed NRC position. Therefore, the
[[Page 70463]]
addition of this 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. This change
to Sec. 50.55a(b)(2)(viii) removes conditions that are no longer
applicable to the 2021 Edition due to updates to the BPV Code that
addressed the condition. Since this change accepts the relevant code
provisions in the 2021 Edition as-is, it 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 is no longer applicable
to the 2021 Edition due to updates to the BPV Code that addressed the
condition. Since this change accepts the relevant code provisions in
the 2021 Edition as-is, it is not a backfit.
3. Remove and reserve Sec. 50.55a(b)(2)(xv). This condition was
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 at
the time the case was incorporated into the licensee's program. The new
conditions at paragraphs (b)(2)(xxxiv)(A)(1) and (A)(2) are the
existing conditions with an added clarification of which version of
Code Case N-513 licensees must use when complying with the conditions.
This clarification is a restatement of the requirements in Sec.
50.55a(b)(5) and is therefore 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. Revise Sec. 50.55a(b)(2)(xxxvi) to delete the requirement to
submit the analyses for NRC approval and instead follow the
requirements of NB-2331, subparagraph (a)(5). The revision to this
condition allows licensees to use T0 and RTT0 in
licensing basis calculations by application of a specific method
without NRC review and approval under paragraph (z). Licensees retain
the option of obtaining approval under paragraph (z) to implement
alternative methods. Therefore, this change is not a backfit.
7. Revise Sec. 50.55a(b)(2)(xliii)(A) to clarify that NRC review
and approval is not required for out-of-limit evaluation submissions.
This revision only clarifies that NRC approval of the analysis is not a
prerequisite for licensee activities. This revision does not result in
a change to licensee requirements and is, therefore, not a backfit.
The submittal requirements of Sec. 50.55a(b)(2)(xliii)(B) and (C)
are removed because they are replaced by new condition Sec.
50.55a(b)(2)(l). The new condition states that licensees must follow
the requirements of NB-2331, subparagraph (a)(5) when calculating
T0 and RTT0. With this revision, licensees now
have the option to implement an acceptable method for determining
T0 and RTT0 without NRC review and approval.
Therefore, this change is not a backfit.
8. 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, 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 condition on Nonmandatory Appendix Y does not constitute a new or
changed NRC position. Therefore, the addition of this condition is not
a backfit.
9. 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 condition on IWA-4540(a) and (e) does not
constitute a new or changed NRC position. Therefore, the addition of
this condition is not a backfit.
10. 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 condition on IWA-4143 does not constitute a new
or changed NRC position. Therefore, the addition of this condition is
not a backfit.
11. 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 condition is not a backfit.
12. 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 condition is not a
backfit.
13. Add Sec. 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 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 condition is not
a backfit.
14. Add Sec. 50.55a(b)(2)(l) to require licensees using
Nonmandatory Appendix A, A-4200(c) and Nonmandatory Appendix G, G-
2110(c) to determine T0 and the associated RTT0
according to the requirements of NB-2331, subparagraph (a)(5). This
condition replaces the former condition Sec. 50.55a(b)(2)(xliii)(B)
and (C), which required licensees to submit determination of
T0 and RTT0 to the NRC for review and approval.
Licensees retain the option of obtaining approval under paragraph (z)
to implement alternative methods Therefore, the new condition is not a
backfit.
15. 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. Therefore, this addition is not a backfit.
16. Modify Sec. 50.55a(a)(1)(iii)(D) and Sec. 50.55a(g)(6)(ii)(F)
to update the
[[Page 70464]]
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
requires 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.
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.
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
31885).
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 is not a major Federal action
significantly affecting the quality of the human environment and,
therefore, an environmental impact statement is not required.
This final 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 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 offsite, and there is no significant increase in public
radiation exposure. This 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 is
no significant effect on the quality of the human environment from this
action.
XII. Paperwork Reduction Act
This final 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 3150-0264.
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
[[Page 70465]]
collection displays a currently valid OMB control number.
XIII. Congressional Review Act
This final rule is a rule as defined in the Congressional Review
Act (5 U.S.C. 801-808). However, the OMB has not found it to be a major
rule as defined in the Congressional Review Act.
XIV. Voluntary Consensus Standards
The National Technology Transfer and Advancement Act of 1995,
Public Law 104-113, 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 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.
XV. Incorporation by Reference--Reasonable Availability to Interested
Parties
The NRC is incorporating by reference two recent editions to the
ASME Codes for nuclear power plants: 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. 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 November7, 2014, the OFR adopted changes to its regulations
governing incorporation by reference (79 FR 66267). The OFR regulations
require an agency to discuss, in the preamble of the final rule, the
ways that the materials it incorporates by reference are reasonably
available to interested parties and how interested parties can obtain
the materials. The discussion in this section complies with the
requirement for final rules as set forth in Sec. 51.5(b)(2).
The NRC considers ``interested parties'' to include all potential
NRC stakeholders, not only the individuals and entities regulated or
otherwise subject to the NRC's regulatory oversight. These NRC
stakeholders are not a homogenous group but vary with respect to the
considerations for determining reasonable availability. Therefore, the
NRC distinguishes between different classes of interested parties for
the purposes of determining whether the material is ``reasonably
available.'' The NRC considers the following to be classes of
interested parties in NRC rulemakings with regard to the material to be
incorporated by reference:
Individuals and small entities regulated or otherwise
subject to the NRC's regulatory oversight (this class also includes
applicants and potential applicants for licenses and other NRC
regulatory approvals) and who are subject to the material to be
incorporated by reference by rulemaking. In this context, ``small
entities'' has the same meaning as a ``small entity'' under 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, the term ``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 is 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 a.m. and 4 p.m. eastern
time, Monday through Friday, except Federal holidays. In addition, as
described in Section XVII of this document, documents related to this
final 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 Accuris IHS (15
Inverness Way East, Englewood, CO 80112; https://store.accuristech.com
(formerly https://global.ihs.com)) and Thomson Reuters Techstreet (3916
Ranchero Dr., Ann Arbor, MI 48108; https://store.accuristech.com
(formerly 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
rulemaking, despite the NRC's actions to make the materials available
at the NRC's PDR. Accordingly, the NRC requested that ASME consider
enhancing public access to these materials during the public comment
period. On 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).
During the public comment period, the ASME made publicly available
the two editions of the ASME Codes for nuclear power plants that the
NRC proposed to incorporate by reference. These materials were
available publicly in a 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 final rule.
Therefore, the NRC concludes that the materials the NRC is
incorporating by reference in this final rule are reasonably available
to all interested parties.
XVI. Availability of Guidance
The NRC will not be issuing guidance for this final rule. The ASME
BPV Code and OM Code provide direction for the
[[Page 70466]]
performance of activities to satisfy the Code requirements for design,
inservice inspection, and inservice testing of nuclear power plant
structures, systems, and components. In addition, the NRC provides
guidance in this document for the implementation of the new conditions
on the ASME BPV Code and OM Code, as necessary. The NRC has a number of
SRPs that provide guidance to NRC reviewers and make communication and
understanding of NRC review processes available to members of the
public and the nuclear power industry. NUREG-0800, ``Review of Safety
Analysis Reports for Nuclear Power Plants,'' has numerous sections
which discuss implementation of various aspects of the ASME BPV Code
and OM Code (e.g., Sections 3.2.2, 3.8.1, 3.8.2, 3.9.3, 3.9.6, 3.9.7,
3.9.8, 3.13, 5.2.1.1, 5.2.1.2, 5.2.4, and 6.6). The NRC also publishes
regulatory guides and generic communications (i.e., regulatory issue
summaries and information notices) to communicate and clarify NRC
technical or policy positions on regulatory matters which may contain
guidance relative to this final rule.
Revision 3 of NUREG-1482, ``Guidelines for Inservice Testing at
Nuclear Power Plants,'' provides guidance for the development and
implementation of IST programs at nuclear power plants (ML20202A473).
With direction provided in the ASME BPV and OM Codes, and guidance in
this document, the NRC has determined that preparation of a separate
guidance document is not necessary for this update to Sec. 50.55a.
However, the NRC will consider preparing a revision to NUREG-1482 in
the future to address the latest edition of the ASME OM Code
incorporated by reference in Sec. 50.55a.
XVII. Availability of Documents
The documents identified in the following table are available to
interested persons through one or more of the following methods, as
indicated.
Availability of Documents
----------------------------------------------------------------------------------------------------------------
Document ADAMS Accession No./web link/ Federal Register citation
----------------------------------------------------------------------------------------------------------------
Final Rule Documents
----------------------------------------------------------------------------------------------------------------
Final Rule--Regulatory Analysis ASME 2021-2022 ML24053A051.
Code Editions Update, July 2024.
Final Rule--Public Comment Response Document ML24053A058.
ASME 2021-2022 Code Editions Update, July 2024.
Annotated Comment Submissions for the ASME 2021- ML24053A089.
2022 Code Editions Update, July 2024.
----------------------------------------------------------------------------------------------------------------
Proposed Rule Documents
----------------------------------------------------------------------------------------------------------------
Proposed Rule--Federal Register Notice for 88 FR 53384.
American Society of Mechanical Engineers 2021-
2022 Code Editions, August 2023.
Proposed Rule--Regulatory Analysis for American ML23032A316.
Society of Mechanical Engineers 2021-2022 Code
Editions Update, July 2023.
Proposed Rule--Unofficial Redline Strikeout of ML23032A318.
the NRC's Proposed Rule: Proposed Rule to
Incorporate by Reference American Society of
Mechanical Engineers Codes, July 2023.
Proposed Rule--Summary of the Public Meeting on ML23265A245.
the ASME 2021-2022 Code Editions Rulemaking,
September 6, 2023.
----------------------------------------------------------------------------------------------------------------
Related Documents
----------------------------------------------------------------------------------------------------------------
Regulatory Guide (RG), RG 1.28, Revision 6, ML23177A002.
``Quality Assurance Program Criteria (Design
and Construction),'' September 2023.
Rulemaking: Proposed Rule: Email from Kathryn ML23068A033.
Hyam (ASME) to Louise Lund (NRC), Request for
Limited Public Access of Code for Public
Comment Period, March 2, 2023.
Staff Requirements--Affirmation Session, 11:30 ML003755050.
a.m., Friday, September 10, 1999,
Commissioners' Conference Room, One White
Flint North, Rockville, Maryland (Open to
Public Attendance).
Regulatory Guide 1.147, Revision 20, ML21181A222.
``Inservice Inspection Code Case
Acceptability, ASME Section XI, Division 1,''
December 2021.
NUREG-1482, Revision 3, ``Guidelines for ML20202A473.
Inservice Testing at Nuclear Power Plants,''
July 2020.
NUREG-1800, Revision 2, ``Standard Review Plan ML103490036.
for Review of License Renewal Applications for
Nuclear Power Plants,'' December 2010.
NUREG-1801, Revision 2, ``Generic Aging Lessons ML103490041.
Learned (GALL) Report,'' December 2010.
NUREG-1950, ``Disposition of Public Comments ML11116A062.
and Technical Bases for Changes in the License
Renewal Guidance Documents NUREG-1801 and
NUREG-1800,'' April 2011.
NUREG-2191, Volumes 1 and 2, ``Generic Aging ML17187A031
Lessons Learned for Subsequent License Renewal ML17187A204.
(GALL-SLR) Report,'' July 2017.
NUREG-2192, ``Standard Review Plan for Review ML17188A158.
of Subsequent License Renewal Applications for
Nuclear Power Plants,'' July 2017.
Final Rule--American Society of Mechanical 87 FR 65128.
Engineers 2019-2020 Code Editions, October 27,
2022.
Final Rule--American Society of Mechanical 76 FR 36232.
Engineers (ASME) Codes and New and Revised
ASME Code Cases, June 21, 2011.
Final Rule--Incorporation by Reference, 79 FR 66267.
November 7, 2014.
Final Safety Evaluation Enclosure for NEI 14- ML20322A019.
05A, Revision 1, November 23, 2020.
Nuclear Energy Institute (NEI) 14-05A, ML20135H229.
``Guidelines for the Use of Accreditation in
Lieu of Commercial Grade Surveys for
Procurement of Laboratory Calibration and Test
Services,'' Revision 1, May 2020.
Final Guide--Regulatory Guide: Quality 88 FR 62292.
Assurance Program Criteria (Design and
Construction), September 11, 2023.
----------------------------------------------------------------------------------------------------------------
ASME Codes, Standards, and Code Cases
----------------------------------------------------------------------------------------------------------------
American Society of Mechanical Engineers....... https://www.asme.org/shop/standards.
Accuris IHS (formerly IHS)..................... https://store.accuristech.com.
[[Page 70467]]
Thomson Reuters Techstreet..................... https://store.accuristech.com.
----------------------------------------------------------------------------------------------------------------
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 out in the preamble and under the authority of
the Atomic Energy Act of 1954, as amended; the Energy Reorganization
Act of 1974, as amended; and 5 U.S.C. 552 and 553, the NRC is adopting
the following amendments to 10 CFR part 50:
PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION
FACILITIES
0
1. The authority citation for part 50 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 11, 101, 102, 103,
104, 105, 108, 122, 147, 149, 161, 181, 182, 183, 184, 185, 186,
187, 189, 223, 234 (42 U.S.C. 2014, 2131, 2132, 2133, 2134, 2135,
2138, 2152, 2167, 2169, 2201, 2231, 2232, 2233, 2234, 2235, 2236,
2237, 2239, 2273, 2282); Energy Reorganization Act of 1974, secs.
201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); Nuclear Waste
Policy Act of 1982, sec. 306 (42 U.S.C. 10226); National
Environmental Policy Act of 1969 (42 U.S.C. 4332); 44 U.S.C. 3504
note; Sec. 109, Pub. L. 96-295, 94 Stat. 783.
0
2. In Sec. 50.55a:
0
a. In paragraph (a)(1)(i)(E)(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), (a)(1)(iv)(C), (b)(1)(iv) and
(vi), (b)(1)(xi) introductory text, (b)(1)(xi)(B), and (b)(1)(xiii);
0
h. Add paragraph (b)(1)(xiv);
0
i. Revise paragraphs (b)(2) introductory text and (b)(2)(viii) and
(ix);
0
j. Remove and reserve paragraph (b)(2)(xv);
0
k. Revise paragraphs (b)(2)(xxxiv), (xxxvi), and (xliii);
0
l. Add paragraphs (b)(2)(xliv) through (l);
0
m. Revise paragraph (b)(3)(ii) introductory text;
0
n. Remove and reserve paragraphs (b)(3)(iii)(B) and (C);
0
o. Add paragraphs (b)(3)(vii) and (x);
0
p. At the end of paragraph (d) introductory text, remove the colon and
add in its place a period;
0
q. In paragraph (g)(4)(ii), remove the date ``June 3, 2020'' wherever
it appears and add its place ``September 30, 2024'';
0
r. Add paragraph (g)(6)(ii)(D)(9); and
0
s. 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-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)
[[Page 70468]]
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 require the test plot yield strength
to be evaluated to confirm sound base material. If the base material
failed (broke) at less than minimum required base material yield
strength, a retest is required.
* * * * *
(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 scheduled refueling outage.
(2) In lieu of the appendix referenced in paragraph U-S1-4.2.1(c)
of Appendix U, an approved version of the ASME BPV Code Case N-513 must
be used in accordance with NRC Regulatory Guide 1.147 at the time the
case was incorporated into the licensee's program.
(B) Use of Nonmandatory Appendix U, Supplement U-S1 of the ASME BPV
Code, Section XI, 2021 Edition is prohibited.
* * * * *
(xxxvi) Section XI condition: Fracture toughness of irradiated
materials. When using the 2013 Edition through the latest edition
incorporated by reference in paragraph (a)(1)(ii) of this section of
the ASME BPV Code, Section XI, Appendix A paragraph A-4400, the
licensee shall determine irradiated T0 and the associated
RTT0 as specified in the 2021 Edition of ASME BPV Code,
Section III, NB-2331, subparagraph (a)(5).
* * * * *
(xliii) Section XI condition: Regulatory Submittal Requirements.
Licenses shall submit to the NRC the analytical evaluation determining
the effects of an out-of-limit condition on the structural integrity of
the Reactor Coolant System, as described in IWB-3720(a).
(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
[[Page 70469]]
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.
(l) Section XI condition: Determination of the Master Curve
T0. When using the 2017 Edition of Section XI through the
latest Edition incorporated by reference in this section and
implementing Nonmandatory Appendix A, A-4200(c) and Nonmandatory
Appendix G, G-2110(c), the licensee shall determine T0 and
the associated RTT0 as specified in the 2021 Edition of ASME
BPV Code, Section III, NB-2331, subparagraph (a)(5).
(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 (b)(3)(ii)(A) through
(C) of this section 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), two additional valves shall be tested
from the same group. If the Owner has not established design set-
pressure acceptance criteria, then for each valve tested for which the
as-found set-pressure (first actuation) exceeds 3 percent
of valve nameplate set-pressure, 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, 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 30,
2024, 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 30, 2024. 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: August 7, 2024.
For the Nuclear Regulatory Commission.
Andrea Veil,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 2024-19235 Filed 8-29-24; 8:45 am]
BILLING CODE 7590-01-P