ML100250279 

UNITED STATES 

NUCLEAR REGULATORY COMMISSION 

OFFICE OF NUCLEAR REACTOR REGULATION 

WASHINGTON, D.C. 20555-0001 

April 28, 2010 

NRC REGULATORY ISSUE SUMMARY 2007-16, REVISION 1, 

IMPLEMENTATION OF THE REQUIREMENTS OF 

10 CFR 54.37(b) FOR HOLDERS OF RENEWED LICENSES 

ADDRESSEES 

All holders of operating licenses for nuclear power reactors under the provisions of Title 10 of 

the Code of Federal Regulations (10 CFR) Part 50, “Domestic Licensing of Production and 

Utilization Facilities,” except those who have permanently ceased operations and have certified 

that fuel has been permanently removed from the reactor vessel. 

INTENT

The U.S. Nuclear Regulatory Commission (NRC) is issuing this revised regulatory issue 

summary (RIS) to clarify guidance for holders of renewed licenses on implementing the 

requirements of 10 CFR 54.37(b), regarding newly identified systems, structures, and 

components (SSCs) and information required to be included in final safety analysis report 

(FSAR) updates. This revised RIS includes changes for consistency with the NRC’s revised 

license renewal interim staff guidance (LR-ISG) process, issued on August 7, 2009, as LR-ISG2007-01, “License Renewal Interim Staff Guidance Process, Revision 1.” In part, the NRC staff 

issued a revised LR-ISG process to address a recommendation from the NRC’s Office of the 

Inspector General (OIG) 2007 report, OIG-07-A-15, “Audit of the NRC’s License Renewal 

Program.” Under the revised process, the NRC staff evaluates each LR-ISG to determine 

whether it includes SSCs subject to the provisions of 10 CFR 54.37(b), and documentation of 

this determination is included in the LR-ISG. 

BACKGROUND INFORMATION 

The license renewal rule in 10 CFR 54.21(d) requires that an applicant include in its 

license renewal application (LRA) a supplement to its FSAR that contains a summary 

description of the programs and activities credited for managing the effects of aging and 

the evaluation of time-limited aging analyses (TLAAs). The existing regulatory process, 

existing licensee oversight activities, and the additional regulatory controls associated 

with placing a summary description of aging management activities in the FSAR provide 

assurance that changes that could decrease the overall effectiveness of programs to 

manage the effects of aging or evaluation of TLAAs receive appropriate review by the 

licensee. In 10 CFR 54.37(b), the license renewal rule requires the following: 
RIS 2007-16, Rev. 1 

Page 2 of 5 

After the renewed license is issued, the FSAR update required by 

10 CFR 50.71(e) must include any systems, structures, and components newly 

identified that would have been subject to an aging management review or 

evaluation of time-limited aging analyses in accordance with § 54.21. This FSAR 

update must describe how the effects of aging will be managed such that the 

intended function(s) in § 54.4(b) will be effectively maintained during the period of 

extended operation. 

The application of this regulatory requirement and the applicability of the backfit rule, 

10 CFR 50.109, “Backfitting,” have been the subject of several interactions between the NRC 

staff and the industry. 

DISCUSSION 

Newly Identified Systems, Structures, and Components

The intent of 10 CFR 54.37(b) is to capture those SSCs that, if they had been identified at the 

time of the license renewal application, would have been subject to an aging management 

review or evaluation of TLAAs. In the context of 10 CFR 54.37(b), newly identified SSCs that 

should be included in the next FSAR update required by 10 CFR 50.71(e) are those SSCs that 

meet one of the two following conditions: 

(1) There is a change to the current licensing basis (CLB) that meets the following criteria: 

– The change impacts SSCs that were not in scope for license renewal when the NRC 

approved the license renewal application. 

– The SSCs would have been in the scope of license renewal based on the CLB 

change if 10 CFR 54.4(a) were applied to the SSCs. 

(2) SSCs were installed in the plant at the time of the license renewal review that, in 

accordance with the CLB at the time, should have been included in the scope of license 

renewal per 10 CFR 54.4(a) but were not identified as in scope until after issuance of the 

renewed license. 

SSCs that are plant additions or modifications installed after the renewed license is issued are 

not subject to the provisions of 10 CFR 54.37(b). 

Identification of SSCs under 10 CFR 54.37(b)

The language of 10 CFR 54.37(b) does not limit how or who finds newly identified SSCs. A 

licensee may identify SSCs that should be within the scope of its license renewal program at 

any time. The NRC staff may also discover newly identified SSCs. One way to identify these 

SSCs is through the LR-ISG process. Under this process, the NRC staff evaluates and 

documents its determinations as to whether an LR-ISG meets the provisions of 

10 CFR 54.37(b) and the backfit rule. If the NRC staff has determined that a final LR-ISG 
RIS 2007-16, Rev. 1 

Page 3 of 5 

constitutes backfitting under 10 CFR 50.109, or communicates newly identified SSCs under the 

provisions of 10 CFR 54.37(b), then it will notify applicable renewed license holders as 

appropriate, for example by issuing site-specific letters or a generic communication. As such, a 

renewed license holder should determine whether the final LR-ISG applies to its facility and, if 

appropriate, take actions to ensure compliance with the requirements of 10 CFR 54.37(b). 

The NRC issues LR-ISGs for various reasons, such as to (a) clarify which SSCs are to be 

included within the scope of license renewal under 10 CFR 54.4, (b) revise or clarify aging 

management recommendations in NUREG-1801, Revision 1, “Generic Aging Lessons Learned 

(GALL) Report,” dated September 2005, or (c) address emergent issues. As an example, in 

light of recent operating experience, the NRC developed draft LR-ISG-2009-01 to address aging 

management of certain spent fuel pool neutron-absorbing materials. While LR-ISGs may 

address a variety of license renewal issues, only certain LR-ISGs identify SSCs subject to the 

provisions of 10 CFR 54.37(b). To date, the NRC has issued three such LR-ISGs: 

• Station Blackout SSCs—In LR-ISG-02, dated April 1, 2002 (Agencywide Documents Access 

and Management Systems (ADAMS) Accession No. ML020920464), the NRC provided 

additional guidance for identifying the SSCs relied upon to meet the requirements of the 

station blackout rule (10 CFR 50.63, “Loss of All Alternating Current Power”) as required by 

10 CFR 54.4(a)(3). The guidance in this LR-ISG was subsequently incorporated into 

Section 2.5 of NUREG-1800, Revision 1, “Standard Review Plan for Review of License 

Renewal Applications for Nuclear Power Plants,” dated September 2005 (SRP-LR). 

• Electrical Fuse Holders—The NRC provided guidance on the identification and treatment of 

electrical fuse holders for license renewal in LR-ISG-05, dated March 10, 2003 (ADAMS 

Accession No. ML030690492). The guidance in this LR-ISG was subsequently incorporated 

into (a) SRP-LR Table 2.1-5 and Section 3.6, (b) Chapter VI and Section XI.E5 of the GALL 

Report, Volume 2, and (c) Appendix B to Nuclear Energy Institute (NEI) 95-10, Revision 6, 

“Industry Guidelines for Implementing the Requirements of 10 CFR Part 54—The License 

Renewal Rule,” dated June 2005. NEI 95-10 is endorsed by NRC Regulatory Guide 1.188, 

Revision 1, “Standard Format and Content for Applications to Renew Nuclear Power Plant 

Operating Licenses,” dated September 2005. 

• Housings for Active Components—The NRC provided guidance on the identification and 

treatment of housing for active components for license renewal in LR-ISG-06, dated 

April 8, 2003 (ADAMS Accession No. ML031010423). The guidance in this LR-ISG was 

subsequently incorporated into SRP-LR Table 2.1-5 and NEI 95-10 Appendix B. 

The NRC identified the need for these LR-ISGs during the review of early LRAs as the process 

was evolving. As such, most holders of renewed licenses may have already included the SSCs 

discussed in these LR-ISGs in the scope of renewal for their plants. However, the agency 

issued some early renewed licenses without the licensees explicitly including the subject SSCs 

in the scope of their license renewal applications. Holders of renewed licenses should verify 

that their license renewal programs include these SSCs and that appropriate aging 

management programs exist and are described in the FSAR. Those licensees whose programs 

do not already include these SSCs must perform an aging management review or evaluation of 

TLAAs in accordance with 10 CFR 54.21. For these SSCs, the updated FSAR must contain a 

description of how the effects of aging will be managed such that the intended function(s) in 
RIS 2007-16, Rev. 1 

Page 4 of 5 

10 CFR 54.4(b) will be effectively maintained during the period of extended operation. 

Development and implementation of aging management programs for newly identified SSCs 

under 10 CFR 54.37(b) are not considered backfits. 

FSAR Update

The FSAR update required by 10 CFR 54.37(b) must include newly identified SSCs that would 

have been subject to an aging management review or evaluation as a TLAA in accordance with 

10 CFR 54.21. The FSAR update needs to describe how the licensee will manage the effects of 

aging in order to effectively maintain the intended function(s) in 10 CFR 54.4(b) during the 

period of extended operation. 

When the NRC issued the amended license renewal rule in 1995, the Commission stressed the 

importance of describing the aging management reviews or TLAAs for newly identified SSCs in 

the FSAR (Volume 60 of the Federal Register (FR), pages 22483–22484 

(60 FR 22483-22484)). The FR notice noted that such a level of detail appeared to be at odds 

with the requirement in 10 CFR 54.21(d) that the FSAR supplement need only contain a 

summary description of the aging management programs or TLAAs. However, the Commission 

explained that for those SSCs that were subject to an aging management review as part of the 

license renewal process, the application itself and the FSAR supplement together provided the 

requisite regulatory control to ensure the efficacy of the aging management program. Newly 

identified SSCs have not been subjected to the same level of review. Thus, the level of detail 

required to describe the aging management reviews or TLAAs in the FSAR update for newly 

identified SSCs is appropriate, even though it is greater than the level of detail required for the 

original license renewal FSAR supplement. 

NRC Verification

The primary method the NRC uses to verify licensee implementation of the requirements of 

10 CFR 54.37(b) is included in NRC Inspection Procedure 71003, “Post-Approval Site 

Inspection for License Renewal.” One of the objectives of Inspection Procedure 71003 is to 

verify that newly identified SSCs, pursuant to 10 CFR 54.37(b) and this RIS, are implemented in 

accordance with 10 CFR Part 54, “Requirements for Renewal of Operating Licenses for Nuclear 

Power Plants.” 

BACKFIT DISCUSSION 

This revised RIS provides regulatory clarification and does not represent a new or different NRC 

staff position on the implementation of 10 CFR 54.37(b). It does not create or impose any new 

or different applicable NRC staff positions inconsistent with 10 CFR Part 54. It requires no 

action or written response beyond what is required in 10 CFR 54.37(b). 

FEDERAL REGISTER NOTIFICATION 

A notice of opportunity for public comment on a draft revised RIS was published in the Federal 

Register (74 FR 13272) on March 26, 2009, for a 30-day comment period. The comment period 

was subsequently extended for an additional 30 days (74 FR 19109), in part, to facilitate 
RIS 2007-16, Rev. 1 

Page 5 of 5 

discussions during a public meeting on April 29, 2009. A summary for this meeting was issued 

on May 26, 2009 (ADAMS Accession No. ML091310269). Comments were received from the 

Nuclear Energy Institute by letter dated May 27, 2009 (ADAMS Accession No. ML091540208). 

The staff’s evaluation of these comments is publicly available under ADAMS Accession 

No. ML100250316. 

CONGRESSIONAL REVIEW ACT 

This RIS is not a rule as designated by the Congressional Review Act (5 U.S.C. §§ 801–808) 

and, therefore, is not subject to the Act. 

PAPERWORK REDUCTION ACT STATEMENT 

This RIS does not contain new or amended information collection requirements subject to the 

Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Existing information collection 

requirements were approved by the Office of Management and Budget, control numbers 

3150-0011 and 3150-0155. 

Public Protection Notification 

The NRC may not conduct or sponsor, and a person is not required to respond to, a request for 

information or an information collection requirement unless the requesting document displays a 

currently valid Office of Management and Budget control number.

CONTACT 

Please direct any questions about this matter to the technical contact listed below, or to the 

appropriate Office of Nuclear Reactor Regulation (NRR) project manager. 

/RA/ 

 Timothy J. McGinty, Director 

 Division of Policy and Rulemaking 

 Office of Nuclear Reactor Regulation 

Technical Contact: Matthew J. Homiack, NRR 

 (301) 415-1683 

 Matthew.Homiack@nrc.gov

Note: NRC generic communications may be found on the NRC public Web site, 

http://www.nrc.gov, under Electronic Reading Room/Document Collections.
RIS 2007-16, Rev. 1 

Page 5 of 5 

on May 26, 2009 (ADAMS Accession No. ML091310269). Comments were received from the 

Nuclear Energy Institute by letter dated May 27, 2009 (ADAMS Accession No. ML091540208). 

The staff’s evaluation of these comments is publicly available under ADAMS Accession 

No. ML100250316. 

CONGRESSIONAL REVIEW ACT 

This RIS is not a rule as designated by the Congressional Review Act (5 U.S.C. §§ 801–808) 

and, therefore, is not subject to the Act. 

PAPERWORK REDUCTION ACT STATEMENT 

This RIS does not contain new or amended information collection requirements subject to the 

Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Existing information collection 

requirements were approved by the Office of Management and Budget, control numbers 

3150-0011 and 3150-0155. 

Public Protection Notification 

The NRC may not conduct or sponsor, and a person is not required to respond to, a request for 

information or an information collection requirement unless the requesting document displays a 

currently valid Office of Management and Budget control number.

CONTACT 

Please direct any questions about this matter to the technical contact listed below, or to the 

appropriate Office of Nuclear Reactor Regulation (NRR) project manager. 

/RA/ 

 Timothy J. McGinty, Director 

 Division of Policy and Rulemaking 

 Office of Nuclear Reactor Regulation 

Technical Contact: Matthew J. Homiack, NRR 

 (301) 415-1683 

 Matthew.Homiack@nrc.gov

Note: NRC generic communications may be found on the NRC public Web site, 

http://www.nrc.gov, under Electronic Reading Room/Document Collections.

ADAMS Accession No. ML100250279 

OFFICE PM:RPOB:DLR TechEditor* BC:RPOB:DLR D:DLR 

NAME MHomiack CHsu w/ edits JRobinson BHolian 

DATE 3/5/2010 3/10/2010 3/8/2010 3/18/2010 

OFFICE OGC (NLO)* OGC (CRA) (NLO)* PMDA:NRR* OIS* 

NAME GMiznuo SCrockett LHill TDonnell w/ 

comments 

DATE 4/7/2010 3/30/2010 3/19/2010 3/11/2010 

OFFICE OE:EB* D:DIRS* D:DORL LA:PGCB:DPR 

NAME GGulla 

w/ comments 

FBrown JGiitter CHawes 

DATE 3/29/2010 4/7/2010 3/24/2010 4/8/2010 

OFFICE PM:PGCB:DPR BC:PGCB:DPR D:DPR 

NAME SStuchell MMurphy TMcGinty 

DATE 4/26/2010 4/28/2010 04/28/2010 

OFFICIAL RECORD COPY