[Federal Register Volume 65, Number 128 (Monday, July 3, 2000)]
[Proposed Rules]
[Pages 41021-41029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16751]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 55

RIN 3150-AG40


Operator License Eligibility and Use of Simulation Facilities in 
Operator Licensing

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing to amend 
its regulations by allowing applicants for operator and senior operator 
licenses to fulfill a portion of the experience prerequisites for 
license eligibility by manipulating a plant-referenced simulator as an 
alternative to use of the actual plant. The proposed rule would allow 
applicants for operator and senior operator licenses to fulfill a 
portion of the experience prerequisites by manipulating a plant-
referenced simulator as an alternative to use of the actual plant. In 
addition, the proposed rule would remove current requirements for 
certification of simulation facilities and routine submittal of 
simulator performance test reports to the NRC for review. Also, the 
proposed rule would revise the definitions of ``Performance testing,'' 
``Plant-referenced simulator,'' and ``Simulator facility.''

DATES: Submit comments by September 18, 2000. Comments received after 
this date will be considered if it is practical to do so, but the 
Commission is able to assure consideration only for comments received 
on or before this date.

ADDRESSES: Submit written comments to: Secretary, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemakings and Adjudications Staff, Mail Stop O-16C1. Deliver written 
comments to One White Flint North, 11555 Rockville Pike, Rockville, 
Maryland, between 7:30 a.m. and 4:15 p.m. on Federal workdays.
    You may also provide comments via the NRC's interactive rulemaking 
website through the NRC home page (http://www.nrc.gov). This site 
provides the capability to upload comments as files (any format), if 
your web browser supports that function. For information about the 
interactive rulemaking website, contact Ms. Carol Gallagher, (301) 415-
5905 (e-mail: <a href="/cdn-cgi/l/email-protection#4c2f2d2b0c223e2f622b233a"><span class="__cf_email__" data-cfemail="3b585a5c7b554958155c544d">[email protected]</span></a>). Copies of any comments received and certain 
documents related to this rulemaking may be examined at the NRC Public 
Document Room, 2120 L Street NW. (Lower Level), Washington, DC. These 
same documents may be viewed and downloaded electronically via the 
rulemaking website.
    Documents created or received at the NRC after April 1, 2000, are 
also available electronically at the NRC's Public Electronic Reading 
room on the internet at http://www.nrc.gov/NRC/ADAMS/index.html. From 
this site, the public can gain entry into the NRC's Agency Document 
Access and Management System (ADAMS), which provides text and image 
files of NRC's public documents. For more information, contact the NRC 
Public Document Room (PDR) Reference staff at 202-634-3273 or toll-free 
at 1-800-397-4209, or by e-mail at <a href="/cdn-cgi/l/email-protection#81f1e5f3c1eff3e2afe6eef7"><span class="__cf_email__" data-cfemail="f0809482b09e8293de979f86">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Glenn Tracey, Operator Licensing, 
Human Performance and Plant Support Branch, Office of Nuclear Reactor 
Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: (301) 415-1031; or by Internet electronic mail to 
<a href="/cdn-cgi/l/email-protection#0b6c667f4b657968256c647d"><span class="__cf_email__" data-cfemail="89eee4fdc9e7fbeaa7eee6ff">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Introduction

    Section 107 of the Atomic Energy Act of 1954, as amended (42 U.S.C. 
2137), requires the NRC to prescribe uniform conditions for licensing 
individuals as operators of production and utilization facilities to 
determine the qualifications

[[Page 41022]]

of these individuals, and to issue licenses to these individuals. The 
regulations implementing these requirements are set out in Part 55 of 
Title 10, Chapter 1, of the Code of Federal Regulations. To assist 
licensees and others, the Commission has issued regulatory guides and 
generic letters that provide guidance on acceptable methods of meeting 
these regulatory requirements.
    The Commission has become increasingly aware of the need to update 
its operator licensing regulations and related regulatory guides. These 
revisions are needed to clarify the extent to which applicants for 
operator and senior operator licenses may fulfill a portion of the 
experience prerequisites for license eligibility with the performance 
of five significant control manipulations on a plant-referenced 
simulator as an alternative to use of the actual plant, and to remove 
current requirements for certification of simulation facilities and 
routine submittal of simulator performance test reports to the NRC for 
review. The proposed rule changes would improve the operator licensing 
process. If adopted, these revisions would achieve the following 
objectives: (1) Allow applicants for operator and senior operator 
licenses to fulfill a portion of the experience prerequisites by 
performing five significant control manipulations on a plant-referenced 
simulator and/or the actual plant facility for which a license is 
sought; (2) maintain training integrity through a requirement that 
ensures adequate simulator replication of the plant and demonstrated 
fidelity for those simulators used to provide control manipulation 
experience; (3) remove current requirements for certification of 
simulation facilities; (4) eliminate routine submittal of simulator 
performance test reports to the NRC for review; and (5) maintain safety 
through NRC reviews to ensure simulator suitability for providing 
effective training in performance assessment of operator license 
applicants.

Background

    On March 25, 1987 (52 FR 9453), the Commission published a final 
rule in the Federal Register that amended 10 CFR Part 55 and became 
effective May 26, 1987. The amendment requires that an applicant 
successfully manipulate the controls of the facility for which a 
license is sought. Five significant control manipulations must be 
performed which affect reactivity or power level. The final rule also 
included requirements for the use of simulators in the qualification 
and requalification of nuclear power plant operators, and required 
certification of simulation facilities.

Discussion of Proposed Rule Changes

Subpart A--Revision of Sec. 55.4, Definitions

    Three definitions would be revised. The definition of ``Performance 
testing,'' which is testing conducted to verify a simulation facility's 
performance as compared to actual or predicted reference plant 
performance, would be revised in a manner that would not impose 
additional requirements on licensees, to comport with the definition 
for such testing in the most recent edition of the industry standard 
for use of nuclear plant simulators in operator training and 
examination (ANSI/ANS-3.5-1998). The definition of a ``Plant-referenced 
simulator,'' which is a simulator modeling the systems of the reference 
plant, would be revised to reference within the definition existing 
simulator requirements in Part 55, and the proposed revision allowing 
completion of certain on-the-job training prerequisites for license 
applicant eligibility on the simulator. The definition of ``Simulation 
facility,'' which describes the components that alone, or in 
combination, can be used for partial conduct of operating tests, would 
be revised to include part-task and limited-scope simulator devices 
because these devices are now referenced in the most recent edition of 
ANSI/ANS-3.5, and a request could be received for Commission approval 
of their use.

Conforming Changes to Sec. 55.8 Information Collection Requirements: 
OMB Approval

    As a result of the previously described proposed changes to 
Sec. 55.45(b) that eliminate the simulator certification requirement, a 
conforming change to Sec. 55.8(c)(3) would delete Form 474, 
``Simulation Facility Certification,'' OMB approval No. 3150-0138, as 
currently referred to Sec. 55.45(b)(1)(iii) and Sec. 55.45(b)(3)(iii).
    Section 55.8(c)(4) would be deleted because its requirements have 
been incorporated into this 10 CFR part.

Subpart D--Revision of Sec. 55.31 To Allow Performance of Control 
Manipulations on the Plant-Referenced Simulator

    Section 55.31(a)(5), currently requires that five significant 
control manipulations that affect reactivity or power level be 
performed on the actual plant would be revised to allow those 
manipulations to be performed either on a plant-referenced simulator or 
on the actual plant, at the facility licensee's discretion. Eligibility 
for an operator license encompasses education, training, and experience 
factors. Reactivity manipulations are an operating experience 
requirement addressed by on-the-job training (OJT). Use of a plant-
referenced simulator of appropriate fidelity for these manipulations is 
appropriate based upon improvements in simulator technology and 13 
years of successful experience in using plant-specific simulation 
facilities since the 1987 final rule. Modern plant-referenced 
simulation facilities in operation today are providing accurate and 
validated operator training and examination scenarios that convey 
realism in reactivity manipulations, other normal and abnormal 
procedure operations, complex plant operations, and emergency operating 
procedure evolutions, including simultaneous task management and 
faulted conditions. The proposed rule change would allow part of the 
plant operating experience requirement for license eligibility to be 
fully satisfied in a timely manner within the facility's accredited 
training program without impacting operation of the actual plant.
    The requirement of Sec. 55.31(a)(4) to complete the facility 
licensee's program of education, experience, and OJT as a prerequisite 
of license eligibility would not be affected by the proposed rule 
change. Performance of control manipulations that affect reactivity or 
power level constitutes only a small part of an applicant's 
preparedness to perform licensed duties and would continue to be 
implemented as a subset of OJT. If adopted, the proposed rule would 
alternatively allow use of the actual plant and/or the plant-referenced 
simulator for control manipulations, thus broadening the range of 
options available to facility licensees for selecting the most 
advantageous training method.
    Although facility licensees' simulation facilities are, for the 
most part, state-of-the-art, the NRC has identified two areas of 
concern with respect to considering a plant-referenced simulator 
suitable for fulfilling the experience requirements of a license 
applicant. First, recognizing that the simulator may differ to a degree 
from the reference unit and to provide experience essentially 
replicating that obtained from control manipulations on the plant, 
reasonable measures should be taken to ensure that the simulated 
reactor core, at least for the directly associated models such as those 
for nuclear and thermal-hydraulic

[[Page 41023]]

characteristics, represents the actual reactor core that will exist in 
the plant at the time the applicant is tested for a license. Second, 
the performance of the nuclear and thermal-hydraulic characteristics 
models must be tested to ensure that the simulator is capable of being 
used to satisfy predetermined objectives without significant 
performance discrepancies or deviation from the approved scenario 
sequence. To address these concerns and thereby maintain plant safety, 
the proposed rule would add a requirement under Sec. 55.45(b) for 
licensees using a plant-referenced simulator to satisfy reactivity 
manipulation experience requirements to ensure that: Simulator models 
relating to nuclear and thermal-hydraulic characteristics replicate the 
core load that exists in the nuclear power unit for which a license is 
being sought at the time of the applicant's operating test; and 
simulator fidelity has been demonstrated so that significant control 
manipulations are completed without procedural exceptions, simulator 
performance exceptions, or deviations from the approved training 
scenario sequence. This provision in the proposed rule thus links 
Sec. 55.45(b) with the proposed Sec. 55.31(a)(5).

Subpart E--Revision of Sec. 55.45 To Remove Current Requirements for 
Simulator Certification and Routine Submittal of Performance Test 
Reports

    The proposed rule would delete requirements that have become 
outdated and burdensome to the facility licensees and are of limited 
value to the NRC in the following areas of Sec. 55.45(b): (1) 
Certification of simulation facilities; (2) submittal of test schedule 
information; and (3) submittal of quadrennial test reports.
    The March 25, 1987, final rule provided a phased implementation 
schedule for the requirement that facility licensees who propose to use 
a simulation facility consisting solely of a plant-referenced simulator 
certify, by means of NRC Form 474, ``Simulation Facility 
Certification,'' the availability of a simulation facility meeting 
Commission regulations. The certification requirement also contained 
associated requirements for submittal of test documentation and test 
schedules on a quadrennial basis. Licensees have certified plant-
referenced simulators at all power reactor facilities, and the NRC 
staff's experience has shown the quadrennial reports to be of minimal 
value in assessing simulator suitability for testing of operators.
    The proposed rule would, by means of an alternative regulatory 
approach that would not change substantive existing requirements, 
eliminate the need for certification and quadrennial reports. Absent 
certification, assurance of simulator suitability would be provided 
through NRC reviews and validation of operating test scenarios, with 
review of performance test results, and uncorrected modeling or 
hardware discrepancies, if needed. If the simulator is found by this 
review to be unsuitable, the simulator may not be used to conduct an 
operating test, requalification training, or for performing control 
manipulations to establish license applicant eligibility. The current 
requirement for more recent simulator test and performance data to 
remain onsite would not be changed.
    Facility licensees proposing to use a simulator facility meeting 
the definition in Sec. 55.4 for a plant-referenced simulator are not 
required to submit an application for Commission approval of that 
simulator.
    For cases in which licensees propose to use a simulation facility 
not meeting the definition of a plant-referenced simulator, the 
Commission would require additional information to determine the 
acceptability of the simulator, and thus would require an application 
for Commission approval.
    Since 1987, the last time the Commission amended its regulations 
regarding the use of simulators, facility licensees have trained 
licensed operators and applicants for operator and senior operator 
licenses on plant-referenced simulators that were certified in 
accordance with the 1985 edition of ANSI/ANS-3.5. This standard 
specifies full-scope, stand-alone testing of system models and 
simulator training capabilities as part of initial simulator acceptance 
testing. Licensees continue to test their plant-referenced simulators 
in the manner of initial development and to submit test schedules and 
reports on a quadrennial basis to comply with the 1987 final rule that 
requires periodic scheduling and reporting of test results to the NRC. 
The industry's approach to computer software development and simulator 
testing has changed considerably since 1987, and a new approach has 
been codified though the issuance of the 1998 version of ANSI/ANS-3.5, 
Nuclear Power Plant Simulators for Use in Operator Training and 
Examination. The standard has moved away from continued full-scope, 
stand-alone testing of system models and simulator training 
capabilities toward a scenario-based testing and quality control 
philosophy that is associated with the facility's planned simulator 
usage.
    The proposed rule would eliminate the need for certification of 
simulation facilities to the NRC and the associated testing and 
reporting requirements that have been become outdated by the 1998 
revision of the national consensus standard ANSI/ANS-3.5.
    The proposed rule would eliminate duplicate testing for those 
licensees that choose to adopt the revised national standard. The 
proposed rule changes would neither require facility licensees to adopt 
a newly revised version of the national consensus standard, nor would 
it require facility licensees to modify existing simulator support 
programs or practices. The proposed rule changes would not impose 
additional burden or increase the risks to the health and safety of any 
segment of the nuclear industry or the public.
    The proposed rule would allow facility licensees to voluntarily 
adjust their performance test programs consistent with end-user needs 
as defined by their accredited systems-approach-to-training (SAT) 
programs or to voluntarily conform existing simulation facility 
programs to new revisions of ANSI/ANS-3.5. Facility licensees' plant-
referenced simulators are continually in the update and maintenance 
mode of their life-cycle as new computer technology and new plant 
information is incorporated into the simulation facility. Earlier 
revisions of the national consensus standard were not intended for 
today's highly technical, very complex, and sophisticated computer 
simulation programs that routinely encompass verification, validation, 
and documentation of a simulator's performance. Identification and 
resolution of discrepancies are a function of the licensees discrepancy 
reporting and resolution practices. The proposed rule and associated 
proposed Regulatory Guide 1.149, ``Nuclear Power Simulation Facilities 
for Use in License Examinations,'' which would endorse ANSI/ANS-3.5-
1998 without exception, would reduce apparent inconsistencies between 
the operational needs of facility licensee programs and simulator 
testing requirements, thereby relieving unnecessary regulatory burden 
and freeing resources for more effective developmental and validation 
testing associated with either simulator modification programs or the 
operator licensing training and examination processes.

Subpart F--Licenses

Conforming Changes to Sec. 55.59, Requalification

    As a result of the proposed changes to Sec. 55.45(b) that would 
eliminate the simulator certification requirement, a

[[Page 41024]]

conforming change to Sec. 55.59(c)(4)(iv) is proposed that would delete 
the terms ``certified or approved'' when referring to a simulation 
facility in this section.

Section-by-Section Analysis

Subpart D--Revisions To Allow Performance of Control Manipulations on 
the Plant-Referenced Simulator

    The proposed rule would add a statement that ``The Commission may 
accept evidence of satisfactory performance of control manipulations as 
part of a Commission-approved training program by a trainee on a plant-
referenced simulator acceptable to the Commission under Section 
55.45(b) of this part in lieu of use of the actual plant. Control 
manipulations performed on the simulator may be chosen from a 
representative sampling of the control manipulations and plant 
evolutions described in Section 55.59(c)(3)(A-F), (R), (T), (W), and 
(X) of this part, as applicable to the design of the plant for which 
the license application is submitted.''
    By providing an option for licensee to use plant-referenced 
simulators for control manipulations, the proposed rule obviates the 
need for current provisions in Section 55.31(a)(5) addressing the use 
of simulators for performance of control manipulations for facilities 
that have not yet completed pre-operational testing and initial startup 
test programs and provisions addressing plants in extended shutdowns. 
Thus those provisions are removed.

Subpart E--Remove Current Requirements for Simulator Certification and 
Routine Submittal of Performance Test Reports

    10 CFR 55.45(b) provides regulations associated with the 
implementation and use of simulation facilities in operator licensing. 
Section 55.45(b)(1) addresses ``Administration'' of the operating test 
on a simulation facility. Section 55.45(b)(2) addresses ``Schedule for 
facility licensees'' with respect to submitting a plan by which its 
simulation facility will be developed and by which an application will 
be submitted for its use. Section 55.45(b)(3) addresses ``Schedule for 
facility applicants'' with respect to submitting a plan which 
identifies whether its simulation facility will conform with paragraph 
(b)(1)(i) or (b)(1)(ii) of this section at the time of application. 
Section 55.45(b)(4) addresses ``Application for and approval of 
simulation facilities'' with respect to using a simulation facility 
that is other than solely a plant-referenced simulator as defined in 
Sec. 55.4. Section 55.45(b)(5) addresses ``Certification of simulation 
facilities'' with respect to those facility licensees which propose, in 
accordance with paragraph (b)(1)(ii) of this section, to use a 
simulation facility consisting solely of a plant-referenced simulator. 
Facility licensees have communicated to the NRC and the NRC agrees that 
some or portions of the rule provisions discussed and identified in 
this paragraph are unnecessarily burdensome.
    Section 55.45(b)(1)(ii) requires that, ``A simulation facility 
consisting solely of a plant-reference simulator which has been 
certified to the Commission'' be used in administering the operating 
test. The proposed rule would eliminate the requirement for 
certification of the simulation facility and more appropriately refer 
to the definition of a simulation facility as described in Sec. 55.4.
    Section 55.45(b)(2) discusses, ``Schedule for facility licenses.'' 
The proposed rule would eliminate this outdated item in its entirety.
    Section 55.45(b)(2)(i) requires that, ``Within one year after the 
effective date of this part, each facility licensee which proposes to 
use a simulation facility pursuant to paragraph (b)(1)(i) of this 
section, except test and research reactors, shall submit a plan by 
which its simulation facility will be developed and by which an 
application will be submitted for its use'' The proposed rule would 
eliminate in its entirety this requirement.
    Section 55.45(b)(2)(ii) requires that, ``Those facility licensees 
which propose to conform with paragraph (b)(1)(i) of this section, not 
later than 42 months after the effective date of this rule, shall 
submit an application for use of this simulation facility to the 
Commission, in accordance with paragraph (b)(4)(i) of this section'' 
The proposed rule would eliminate in its entirety this requirement.
    Section 55.45(b)(2)(iii) requires that, ``Those facility licensees 
which propose to conform with paragraph (b)(1)(ii) of this section, not 
later than 46 months after the effective date of this rule, shall 
submit a certification for use of this simulation facility to the 
Commission on Form NRC-474, ``Simulation Facility Certification,'' 
available from Records and Reports Management Branch, Division of 
Information Support Services, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555, in accordance with paragraph (b)(5)(i) of this 
section.'' The proposed rule would eliminate in its entirety this 
requirement.
    Section 55.45(b)(2)(iv) requires that, ``The simulation facility 
portion of the operating test will not be administered on other than a 
certified or an approved simulation facility after May 26, 1991.'' The 
proposed rule would eliminate in its entirety this requirement.
    Section 55.45(b)(3) discusses, ``Schedule for facility 
applicants.'' The proposed rule would eliminate this outdated item in 
its entirety.
    Section 55.45(b)(3)(i) requires that, ``For facility licensee 
applications after the effective date of this rule, except test and 
research reactors, the applicant shall submit a plan which identifies 
whether its simulation facility will conform with paragraph (b)(1)(i) 
or (b)(1)(ii) of this section at the time of application.'' The 
proposed rule would eliminate in its entirety this requirement.
    Section 55.45(b)(3)(ii) requires that, ``Those applicants which 
propose to conform with paragraph (b)(1)(i) of this section, not later 
than 180 days before the date when the applicant proposes that the 
Commission conduct operating tests, shall submit an application for use 
of its simulation facility to the NRC, in accordance with paragraph 
(b)(4)(i) of this section.'' The proposed rule would eliminate in its 
entirety this requirement.
    Section 55.45(b)(3)(iii) requires that, ``Those applicants which 
propose to conform with paragraph (b)(1)(ii) of this section, not later 
than 60 days before the date when the applicant proposes that NRC 
conduct operating tests, shall submit a certification for use of its 
simulation facility to the Commission on Form NRC-474, in accordance 
with paragraph (b)(5)(i) of this section.'' The proposed rule would 
eliminate in its entirety this requirement.
    Section 55.45(b)(4) requires that, ``Application for and approval 
of simulation facilities. Those facility licensees which propose, in 
accordance with paragraph (b)(1)(i) of this section, to use a 
simulation facility that is other than solely a plant-referenced 
simulator as defined in Sec. 55.4 shall--.'' The proposed rule would 
eliminate in its entirety this requirement and replace it with language 
to address ``Commission-approved simulation facilities'' whereby the 
Commission would approve a simulation facility if it finds that the 
simulation facility and its proposed use are suitable for the conduct 
of operating test for the facility licensee's reference plant, in 
accordance with paragraph (a) of this section.
    Section 55.45(b)(4)(i) requires that, ``In accordance with the plan 
submitted pursuant to paragraph (b)(2)(i) or (b)(3)(i) of this section, 
as applicable,

[[Page 41025]]

submit an application for approval of the simulation facility to the 
Commission, in accordance with the schedule in paragraph (b)(2)(ii) or 
(b)(3)(ii) of this section, as appropriate. This application must 
include:'' The proposed rule would eliminate the phrases ``In 
accordance with the plan submitted pursuant to paragraph (b)(2)(i) or 
(b)(3)(i) of this section, as applicable'' and `` * * * in accordance 
with the schedule in paragraph (b)(2)(ii) or (b)(3)(ii) of this 
section, as appropriate.'' and replace its language to address those 
facility licensees that propose, in accordance with paragraph (b)(1)(i) 
of this section, to use a simulation facility that is other than solely 
a plant-referenced simulator as defined in Sec. 55.4 and to also submit 
an application for approval of the simulation facility to the 
Commission that include certain items as described in 
Sec. 55.45(b)(2)(i)(A), (B), and (C).
    Section 55.45(b)(4)(i)(A) requires that, ``A statement that the 
simulation facility meets the plan submitted to the Commission pursuant 
to paragraph (b)(2)(i) or (b)(3)(i) of this section, as applicable;'' 
The proposed rule would eliminate in its entirety this requirement.
    Section 55.45(b)(4)(ii) requires that, ``The Commission will 
approve a simulation facility if it finds that the simulation facility 
and its proposed use are suitable for the conduct of operating tests 
for the facility licensee's reference plant, in accordance with 
paragraph (a) of this section.'' The proposed rule would eliminate in 
its entirety this requirement and replace it with language applicable 
to those facility licensees which use a plant-referenced simulator to 
establish prerequisites for operator license eligibility in accordance 
with Sec. 55.31(a)(5) and to provide in addition to existing 
performance testing required for significant control manipulations 
which affect reactivity; that simulator models relating to nuclear and 
thermal-hydraulic characteristics replicate the core load that exist in 
the nuclear power unit for which a license is being sought at the time 
of the applicants's operating test and that simulator fidelity has been 
demonstrated so that significant control manipulations are completed 
without procedural exceptions, simulator performance exceptions, or 
deviation from the approved training scenario sequence.
    Section 55.45(b)(4)(iii) requires that facility licensees, 
``Submit, every four years on the anniversary of the application, a 
report to the Commission which identifies any uncorrected performance 
test failures, and submit a schedule for correction of these 
performance test failures, if any.'' The proposed rule would eliminate 
in its entirety this requirement.
    Section 55.45(b)(4)(iv) requires that facility licensees, ``Retain 
the results of the performance test conducted until four years after 
the submittal of the application under paragraph (b)(4)(i), each report 
pursuant to paragraph (b)(4)(iii), or any reapplication under paragraph 
(b)(4)(iv) of this section, as appropriate.'' The proposed rule would 
eliminate in its entirety this requirement.
    Section 55.45(b)(4)(v) requires that, ``If the Commission 
determines, based upon the results of performance testing, that an 
approved simulation facility does not meet the requirements of this 
part, the simulation facility may not be used to conduct operating 
tests.'' The proposed rule would eliminate in its entirety this 
requirement.
    Section 55.45(b)(4)(vi) requires that, ``If the Commission 
determines, pursuant to paragraph (b)(4)(v) of this section, that an 
approved simulation facility does not meet the requirements of this 
part, the facility licensee may again submit an application for 
approval. This application must include a description of corrective 
actions taken, including results of completed performance testing as 
required for approval.'' The proposed rule would eliminate in its 
entirety this requirement.
    Section 55.45(b)(4)(vii) requires that, ``Any application or report 
submitted pursuant to paragraphs (b)(4)(i), (b)(4)(iii) and (b)(4)(vi) 
of this section must include a description of the performance testing 
completed for the simulation facility, and must include a description 
of performance tests, if different, to be conducted on the simulation 
facility during the subsequent four-year period, and a schedule for the 
conduct of approximately 25 percent of the performance tests per year 
for the subsequent four years.'' The proposed rule would eliminate in 
its entirety this requirement.
    Section 55.45(b)(5), ``Certification of simulation facilities'' 
requires that, ``Those facility licensees which propose, in accordance 
with paragraph (b)(1)(ii) of this section, to use a simulation facility 
that is other than solely a plant-referenced simulator as defined in 
Sec. 55.4 shall--.'' The proposed rule would eliminate in its entirety 
this requirement and replace it with language to address 
``Acceptability of simulation facilities'' such that facility licensees 
which maintain a simulation facility for the conduct of operating test 
shall conform to the revised proposed rule and to provide assurance 
that approved or certified simulation facilities remain acceptable over 
a period time to meet the requirements paragraph (a) of this section.
    Section 55.45(b)(5)(i) requires that facility licensees, ``Submit a 
certification to the Commission that the simulation facility meets the 
Commission's regulations. The facility licensee shall provide this 
certification on Form NRC 474 in accordance with the schedule in 
paragraph (b)(2)(iii) or (b)(3)(iii) of this section, as applicable.'' 
The proposed rule would eliminate in its entirety this requirement.
    Section 55.45(b)(5)(ii) requires that facility licensees, ``Submit, 
every four years on the anniversary of the certification, a report to 
the Commission which identifies any uncorrected performance test 
failures, and submit a schedule for correction of such performance test 
failures, if any.'' The proposed rule would partially eliminate this 
requirement. The facility licensee would have to make available for NRC 
review, prior to or concurrent with preparations for each operator 
licensing operating test or requalification program inspection results 
of any uncorrected performance test failures that will exist at the 
time of the operating test or requalification program inspection.
    Section 55.45(b)(5)(iii) requires that facility licensees, ``Retain 
the results of the performance test conducted until four years after 
the submittal of certification under paragraph (b)(5)(i), each report 
pursuant to paragraph (b)(5)(ii), or recertification under paragraph 
(b)(5)(v) of this section, as applicable.'' The proposed rule would 
revise the rule to require facility licensees to provide recurring 
assurance of fidelity by performance testing throughout the life of the 
simulation facility consistent with paragraphs 55.45(b)(2)(ii) and 
55.45(b)(3)(i)(B) and only retain the results of performance test 
conducted for four years or until superseded by updated test results. 
The proposed rule would require the inclusion of provisions for 
maintaining examination and test integrity consistent with Sec. 55.49.
    Section 55.45(b)(5)(iv) requires that, ``If the Commission 
determines, based upon the results of performance testing, that a 
certified simulation facility does not meet the requirements of this 
part, the simulation facility may not be used to conduct operating 
tests.'' The proposed rule revises the language such that if the 
Commission determines, based upon the results of pre-examination 
scenario validation, a review of performance testing results, or

[[Page 41026]]

uncorrected modeling or hardware discrepancies, that a simulation 
facility consisting solely of a plant-referenced simulator does not 
meet the requirements of this part as defined in Sec. 55.4 or the 
criteria in Sec. 55.45(b)(2)(ii), then the plant-referenced simulator 
may not be used to conduct operating tests, requalification, or control 
manipulations as described in Secs. 55.31(a), 55.45(b)(1), and 
55.59(c)(3) of this part. Facility licensees proposing to use 
simulation facilities meeting the definition in Sec. 55.4 of a plant-
referenced facility would not be required to submit an application for 
Commission approval.
    Section 55.45(b)(5)(v) requires that, ``If the Commission 
determines, pursuant to paragraph (b)(5)(iv) of this section, that a 
certified simulation facility does not meet the requirements of this 
part, the facility licensee may submit a recertification to the 
Commission on Form NRC--474. This recertification must include a 
description of corrective actions taken, including results of completed 
performance testing as required for recertification.'' The proposed 
rule eliminates this provision.
    Section 55.45(b)(5)(vi) requires that, ``Any certification report, 
or recertification submitted pursuant to paragraph (b)(5)(i), 
(b)(5)(ii) or (b)(5)(v) of this section must include a description of 
performance testing completed for the simulation facility, and must 
include a description of the performance tests, if different, to be 
conducted on the simulation facility during the subsequent four-year 
period, and a schedule for the conduct of approximately 25 percent of 
the performance tests per year for the subsequent four years.'' The 
proposed rule would eliminate in its entirety this requirement.
    The proposed rule requirements associated with the implementation 
and use of simulation facilities would significantly reduce unnecessary 
burden for facility licensees and the NRC. The proposed rule would 
allow facility licensees greater flexibility to adjust their 
performance test programs consistent with user needs as defined by 
their accredited training programs, and encourage implementation of 
improved revisions of the national standard which, as endorsed by the 
NRC, would improve focus on the training and examination environment in 
which the plant-referenced simulator is used. In addition, the proposed 
rule would allow facility licensees to reduce cost.
    Since Sec. 55.45(b) was last revised on March 25, 1987 (52 FR 
9453), facility licensees have continually improved and implemented 
sophisticated simulator modeling and replaced outdated computer 
hardware to ensure that operator and senior operator applicants as well 
as licensed operators are trained and qualified on a plant-referenced 
simulator.

Subpart A--Revisions of Sec. 55.4 Definitions

    Section 55.4 defines performance testing as ``Performance testing 
means testing conducted to verify a simulation facility's performance 
as compared to actual or predicted reference plant performance.'' The 
proposed rule would redefine performance testing as ``Performance 
testing means validation, scenario-based, or operability testing 
conducted to verify a simulation facility's performance as compared to 
actual or predicted reference plant performance.''
    Section 55.4 defines plant-referenced simulator as ``Plant-
referenced simulator means a simulator modeling the systems of the 
reference plant with which the operator interfaces in the control room, 
including operating consoles, and which permits use of the reference 
plant's procedures. A plant-referenced simulator demonstrates expected 
plant response to operator input, and to normal, transient, and 
accident conditions to which the simulator has been designed to 
respond.'' The proposed rule would enhance the definition of plant-
referenced simulator as ``Plant-referenced simulator means a simulator 
modeling the systems of the reference plant with which the operator 
interfaces in the control room, including operating consoles, and which 
permits use of the reference plant's procedures. A plant-referenced 
simulator demonstrates expected plant response to operator input, and 
to normal, transient, and accident conditions to which the simulator 
has been designed to respond. A plant-referenced simulator is designed, 
implemented, and maintained such that it: (1) Is sufficient in scope 
and fidelity to allow conduct of the evolutions listed in paragraphs 
55.45(a)(1) through (13), and 55.59(c)(3)(i)(A) through (AA), as 
applicable to the design of the reference unit; (2) allows for the 
completion of on-the-job training experience prerequisites for license 
operator eligibility consistent with paragraph 55.45(b)(2)(ii).''
    Section 55.4 defines simulation facility as ``Simulation facility 
means one or more of the following components, alone or in combination, 
used for the partial conduct of operating tests for operators, senior 
operators, and candidates: (1) The plant, (2) a plant-referenced 
simulator, (3) another simulation device.'' The proposed rule would 
update the definition of simulation facility to ``Simulation facility 
means one or more of the following components, alone or in combination, 
used for the partial conduct of operating tests for operators, senior 
operators, and license applicants: (1) The plant, (2) a plant-
referenced simulator, (3) a Commission-approved simulator in accordance 
with Sec. 55.45(b)(2), (4) another simulation device, including part-
task and limited scope simulation devices.''

Subpart A--General Provisions, Sec. 55.8 Information Collection 
Requirements: OMB Approval

    Section 55.8(c)(3) identifies the information collection 
requirement and the control number under which the requirement is 
approved for NRC Form 474, ``Simulation Facility Certification,'' OMB 
approval No. 3150-0138. If adopted, the proposed rule would eliminate 
the need for the certification form.
    Section 55.8(c)(4) would be deleted because its requirements have 
been incorporated into this 10 CFR part.

Subpart F--Licenses, Sec. 55.59, Requalification

    Section 55.59(c)(4)(iv) requires that, ``* * * After the provisions 
of Sec. 55.45(b) have been implemented at a facility, the certified or 
approved simulation facility must be used to comply with this 
paragraph.'' The proposed rule would eliminate the words ``certified or 
approved'' as a result of eliminating the certification requirement as 
described in the proposed rule Sec. 55.45(b).

Issues for Public Comment

    Comments concerning the content, level of detail specified, and the 
implementation of the proposed amendments are encouraged. Suggestions 
of alternatives other than those described in this notice and estimates 
of cost for implementation are encouraged. Because the intent of the 
proposed rule changes to Sec. 55.31(a)(5) and Sec. 55.45(b)(1) is to 
reduce unnecessary regulatory burden by providing acceptable methods to 
comply with the Commission's regulations, the NRC is particularly 
interested in receiving from the public comments on the following 
issues related to this proposed rule:
    1. Are there rulemaking alternatives to this proposed rule that 
were not considered in the regulatory analysis for this proposed rule?
    2. Are the revised definitions as used in Sec. 55.4 clearly 
defined?

[[Page 41027]]

    3. Would the revised requirements permitting control manipulations 
to be performed on a plant-referenced simulator as prescribed in 
Sec. 55.31(a)(5) reduce unnecessary regulatory burden associated with 
establishing license eligibility for operators and senior operators and 
yet continue to maintain safety by ensuring that experience gained on 
the simulator essentially replicates that obtained from control 
manipulations on the plant?
    4. Would the revised requirements in Sec. 55.45 to eliminate the 
need for certification of simulation facilities and duplicate testing 
and reporting requirements accomplish their intended purpose of 
eliminating unnecessary regulatory burden?
    5. Would the proposed NRC reviews of simulators ensure requisite 
simulator suitability to support effective training and operator 
performance assessment and thereby maintain plant safety?

Related Regulatory Activity

NRC Endorsement of ANSI/ANS 3.5-1998

    The NRC staff has reviewed ANSI/ANS 3.5-1998 with respect to the 
revision of Regulatory Guide 1.149, ``Nuclear Power Plant Simulation 
Facilities for Use in License Examinations.'' The 1998 revision of the 
standard was developed with full NRC participation and insight. 
Accordingly, the staff believes that those testing and fidelity 
concerns that have required exceptions and clarifications in the 
regulatory positions of the previous revisions of Regulatory Guide 
1.149, are adequately addressed in this latest revision of the 
standard. The staff further believes that industry's concerns have been 
addressed in this latest revision of the standard. As noted in the 
introductory paragraph to the standard, ``the consensus committee was 
balanced to ensure that competent, concerned, and varied interests have 
had an opportunity to participate.'' The staff is considering endorsing 
ANSI/ANS 3.5-1998 without the exceptions or clarifications that have 
characterized NRC's endorsement of previous revisions.
    The staff published in the Federal Register for public comment a 
notice of availability of Draft Guide DG-1080 (proposed Revision 3 of 
Regulatory Guide 1.149) on August 23, 1999 (64 FR 162). The public 
comment period closed on November 12, 1999. NRC Form 474 and the 
associated OMB clearance will also be modified to reflect NRC's 
endorsement of the 1998 revision of the standard upon final issuance of 
Regulatory Guide 1.149 and final Commission action on changes described 
in this proposed rule.
    Facility licensees would not be required to automatically adopt the 
new standard. The 1993 revision is still recognized by ANS, and the 
1985 revision is considered to be a ``historical'' standard. 
Simultaneous endorsement of more than one version of the standard is 
consistent with both the NRC policy of evaluating the latest version of 
national consensus standards in terms of their suitability for 
endorsement by regulations or regulatory guides and the established 
regulatory position regarding simulators, allowing industry to 
establish recommended and required capabilities and acceptability 
criteria.

Referenced Documents

    Copies of SECY-99-0225, DG-1080 (Proposed Revision 3 to Regulatory 
Guide 1.149), NRC Form 474, NUREG-1262, NUREG-1258, and NUREG-1021 are 
available for inspection and copying for a fee at the NRC Public 
Document Room, 2120 L Street, NW. (Lower Level), Washington, DC.

Plain Language

    The Presidential memorandum dated June 1, 1998, entitled, ``Plain 
Language in Government Writing,'' directed the government's writing be 
in plain language. This memorandum was published June 10, 1998 (63 FR 
31883). In complying with this directive, editoral changes have been 
made in this proposed amendment to improve readability of the existing 
language of the provisions being revised. These types of changes are 
not discussed further in this document. The NRC requests comment on the 
proposed rule specifically with respect to the clarity and 
effectiveness of the language used. Comments should be sent to the 
address listed under the ADDRESSES caption of the preamble.

Environmental Impact: Categorical Exclusion

    The NRC has determined that this proposed rule is the type of 
action described as a categorical exclusion in 10 CFR 51.22(c)(1). 
Therefore, neither an environmental impact statement nor an 
environmental assessment has been prepared for this proposed 
regulation.

Paperwork Reduction Act Statement

    This proposed rule amends information collection requirements that 
are subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.). This rule has been submitted to the Office of Management and 
Budget for review and approval of the paperwork requirements.
    Because the rule will reduce existing information collection 
requirements, the public burden for this information collection is 
expected to be decreased by 120 hours per licensee. This reduction 
includes the time required for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed and 
completing and reviewing the information collection. The U.S. Nuclear 
Regulatory Commission is seeking public comment on the potential impact 
of the information collections contained in the proposed rule and on 
the following issues:

    1. Is the proposed information collection necessary for the 
proper performance of the functions of the NRC, including whether 
the information will have practical utility?
    2. Is the estimate of burden accurate?
    3. Is there a way to enhance the quality, utility, and clarity 
of the information to be collected?
    4. How can the burden of the information collection be 
minimized, including the use of automated collection techniques?

    Send comments on any aspect of this proposed information 
collection, including suggestions for further reducing the burden, to 
the Records Management Branch (T-6 E6), U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, or by Internet electronic mail 
at <a href="/cdn-cgi/l/email-protection#aae8e0f99beae4f8e984ede5fc"><span class="__cf_email__" data-cfemail="fbb9b1a8cabbb5a9b8d5bcb4ad">[email protected]</span></a>; and to the Desk Officer, Office of Information and 
Regulatory Affairs, NEOB-10202, (3150-0138), Office of Management and 
Budget, Washington, DC 20503.
    Comments to OMB on the information collections or on the above 
issues should be submitted by August 2, 2000. Comments received after 
this date will be considered if it is practical to do so, but assurance 
of consideration cannot be given to comments received after this date.

Public Protection Notification

    If a means used to impose an information collection does not 
display a currently valid OMB control number, the NRC may not conduct 
or sponsor, and a person is not required to respond to, the information 
collection.

National Technology Transfer and Advancement Act Statement

    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 the use of such a standard is inconsistent with 
applicable law or otherwise

[[Page 41028]]

impractical. Regulatory Guide 1.149 describes an acceptable method by 
which facility licensees might implement specific parts of this 
proposed rule and references the 1985, 1993, and 1998, revisions of 
voluntary standard American National Standards Institute/American 
Nuclear Society (ANSI/ANS) 3.5, ``Nuclear Power Plant Simulators for 
Use in Operator Training and Examination.''
    Comments are being solicited, particularly with respect to effects 
of application of ANSI/ANS 3.5-1998 on existing simulator support and 
operator training programs and perceived compatibility with the 
proposed regulations. Comments are also being solicited with respect to 
applicability of earlier versions of ANSI/ANS 3.5 or applicability of 
standards and guidance other than ANSI/ANS 3.5 for use in training and 
examination of operators at nuclear power plants.

Regulatory Analysis

    The Commission has prepared a regulatory analysis on this proposed 
regulation. The analysis examines the costs and benefits of the 
alternatives considered by the Commission. The regulatory analysis is 
available for inspection in the NRC Public Document Room, 2120 L Street 
NW (Lower Level), Washington, DC. Single copies of the analysis may be 
obtained from the Branch Chief, Operator Licensing, Human Performance 
and Plant Support Branch, Office Nuclear Reactor Regulation, U.S. 
Regulatory Commission, at 301-415-3173 or by e-mail at <a href="/cdn-cgi/l/email-protection#365c50557658445518515940"><span class="__cf_email__" data-cfemail="9af0fcf9daf4e8f9b4fdf5ec">[email protected]</span></a>. The 
Commission requests public comment on the regulatory analysis. Comments 
on the analysis may be submitted to the NRC as indicated under the 
ADDRESSES heading.

Regulatory Flexibility Certification

    In accordance with the Regulatory Flexibility Act of 1980 (5 U.S.C. 
605(b)), the Commission certifies that this rule will not, if issued, 
have a significant economic impact on a substantial number of small 
entities. This proposed rule affects only the licensing and operation 
of nuclear power plants. The companies that own these plants do not 
fall within the scope of the definition of ``small entities'' set forth 
in the Regulatory Flexibility Act or the Small Business Size Standards 
set out in regulations issued by the Small Business Administration at 
13 CFR Part 121.

Backfit Analysis

    The NRC has determined that the backfit rule does not apply to this 
proposed rule; therefore, a backfit analysis is not required for this 
proposed rule because these amendments do not involve any provisions 
that would impose backfits as defined in 10 CFR 50.109(a)(1).

List of Subjects in Part 55

    Criminal penalties, Manpower training programs, Nuclear power 
plants and reactors, Reporting and recordkeeping requirements.

    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. 553; the NRC is proposing to 
adopt the following amendments to 10 CFR Part 55.

PART 55--OPERATOR'S LICENSES

    1. The authority citation for Part 55 continues to read as follows:


    Authority: Secs. 107, 161, 182, 68 Stat. 939, 948, 953, as 
amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2137, 2201, 
2232, 2282); secs. 201, as amended, 202, 88 Stat. 1242, as amended, 
1244 (42 U.S.C. 5841, 5842).
    Sections 55.41, 55.43, 55.45, and 55.59 also issued under sec. 
306, Pub. L. 97-425, 96 Stat. 2262 (42 U.S.C. 10226). Section 55.61 
also issued under secs. 186, 187, 68 Stat. 955 (42 U.S.C. 2236, 
2237).


    2. In Sec. 55.4, the terms ``Performance testing,'' ``Plant-
referenced simulator,'' and ``Simulation facility,'' are revised to 
read as follows:


Sec. 55.4  Definitions.

* * * * *
    Performance testing means validation, scenario-based, or 
operability testing conducted to verify a simulation facility's 
performance as compared to actual or predicted reference plant 
performance.
* * * * *
    Plant-referenced simulator means a simulator modeling the systems 
of the reference plant with which the operator interfaces in the 
control room, including operating consoles, and which permits use of 
the reference plant's procedures. A plant-referenced simulator 
demonstrates expected plant response to operator input, and to normal, 
transient, and accident conditions to which the simulator has been 
designed to respond. A plant-referenced simulator is designed and 
implemented such that it:
    (1) Is sufficient in scope and fidelity to allow conduct of the 
evolutions listed in Secs. 55.45(a)(1) through (13), and 
55.59(c)(3)(i)(A) through (AA), as applicable to the design of the 
reference unit, and
    (2) Allows for the completion of on-the-job training experience 
prerequisites for licensed operator applicant eligibility consistent 
with Sec. 55.45(b)(3)(i).
* * * * *
    Simulation facility means one or more of the following components, 
alone or in combination, used for the partial conduct of operating 
tests for operators, senior operators, and license applicants, or to 
establish on-the-job training experience prerequisites for operator 
license eligibility:
    (1) The plant;
    (2) A plant-referenced simulator;
    (3) A Commission-approved simulator in accordance with 
Sec. 55.45(b)(2); and
    (4) Another simulation device, including part-task and limited 
scope simulation devices.
* * * * *

    3. In Sec. 55.8, paragraphs (c)(3) and (c)(4) are removed and 
paragraph (b) is revised to read as follows:


Sec. 55.8  Information collection requirements: OMB approval.

* * * * *
    (b) The approved information collection requirements contained in 
this part appear in Secs. 55.11, 55.23, 55.25, 55.27, 55.31, 55.35, 
55.40, 55.41, 55.43, 55.45, 55.47, 55.53, 55.57, and 55.59.
* * * * *

    4. In Sec. 55.31, paragraph (a)(5) is revised to read as follows:


Sec. 55.31  How to apply.

    (a) * * *
    (5) Provide evidence that the applicant, as a trainee, has 
successfully manipulated the controls of the facility for which a 
license is sought. At a minimum, five significant control manipulations 
must be performed that affect reactivity or power level. Evidence of 
satisfactory performance of control manipulations may be demonstrated 
on a plant-referenced simulator that meets the requirements of 
Sec. 55.45(b)(3). Control manipulations performed on the simulator may 
be chosen from a representative sampling of the control manipulations 
and plant evolutions described in Sec. 55.59(c)(3)(A-F), (R), (T), (W), 
and (X) of this part, as applicable to the design of the plant for 
which the license application is submitted. For licensed operators 
applying for a senior operator license, certification that the operator 
has successfully operated the controls of the facility as a licensed 
operator shall be accepted; and
* * * * *

[[Page 41029]]


    5. In Sec. 55.45, paragraph (b) is revised to read as follows:


Sec. 55.45  Operating tests.

* * * * *
    (b) Implementation-- (1) Administration. The operating test will be 
administered in a plant walkthrough and in either--
    (i) A simulation facility which the Commission has approved for use 
after application has been made by the facility licensee; or
    (ii) A plant-referenced simulator as defined in Sec. 55.4.
    (2) Commission-approved simulation facilities. (i) Facility 
licensees who propose to use a simulation facility in the 
administration of the operating test in accordance with paragraph 
(b)(1)(i) of this section, shall submit an application for approval of 
the simulation facility to the Commission. This application must 
include:
    (A) A description of the components of the simulation facility that 
are intended to be used for each part of the operating test, unless 
previously approved;
    (B) A description of the performance tests as part of the 
application, and the results of these tests; and
    (C) A description of the procedures for maintaining examination and 
test integrity consistent with the requirements of Sec. 55.49.
    (ii) The Commission will approve a simulation facility if it finds 
that the simulation facility and its proposed use are suitable for the 
conduct of operating tests for the facility licensee's reference plant 
under paragraph (a) of this section.
    (3) Plant-referenced simulators. (i) Facility licensees which 
propose to use a plant-referenced simulator to meet the experience 
requirements in Sec. 55.31(a)(5) must ensure that:
    (A) The plant-referenced simulator uses models relating to nuclear 
and thermal-hydraulic characteristics that replicate the core load that 
exists in the nuclear power unit for which a license is being sought at 
the time of the applicant's operating test; and
    (B) Simulator fidelity has been demonstrated so that significant 
control manipulations are completed without procedural exceptions, 
simulator performance exceptions, or deviation from the approved 
training scenario sequence.
    (ii) If the Commission determines that a simulation facility 
consisting solely of a plant-referenced simulator does not meet either 
the definition of a plant-referenced simulator as defined in Sec. 55.4, 
or the criteria in Sec. 55.45(b)(4)(A) and (D), the Commission will not 
accept the plant-referenced simulator for conducting operating tests as 
described in Sec. 55.45(b)(1) of this part, requalification training as 
described in Sec. 55.59(c)(3) of this part, or performing control 
manipulations that affect reactivity to establish eligibility for an 
operator's license as described in Sec. 55.31(a)(5).
    (4) Continued assurance of simulator fidelity. Facility licensees 
that maintain a simulation facility shall:
    (A) Conduct performance testing throughout the life of the 
simulation facility in a manner sufficient to assure that the criteria 
of paragraphs 55.45(b)(4)(C) and 55.45(b)(3)(i)(B) as applicable, are 
met. The results of performance tests must be retained for four years 
after the completion of each performance test or until superseded by 
updated test results;
    (B) Correct scenario validation, performance test, modeling , and 
hardware discrepancies;
    (C) Make available for NRC review, before or concurrent with 
preparations for each operator licensing operating test or 
requalification program inspection, results of any uncorrected 
performance test failures that may exist at the time of the operating 
test or requalification program inspection; and
    (D) Maintain the provisions for examination and test integrity 
consistent with Sec. 55.49.
* * * * *

    6. In Sec. 55.59, paragraph (c)(4)(iv) is revised to read as 
follows:


Sec. 55.59  Requalification.

* * * * *
    (c) * * *
    (4) * * *
    (iv) Simulation of emergency or abnormal conditions that may be 
accomplished by using the control panel of the facility involved or by 
using a simulator. Where the control panel of the facility is used for 
simulation, the actions taken or to be taken for the emergency or 
abnormal condition must be discussed; actual manipulation of the plant 
controls is not required. If a simulator is used in meeting the 
requirements of paragraph (c)(4)(iii) of this section, it must 
accurately reproduce the operating characteristics of the facility 
involved and the arrangement of the instrumentation and controls of the 
simulator must closely parallel that of the facility involved. After 
the provisions of Sec. 55.45(b) have been implemented at a facility, 
the simulation facility must be used to comply with this paragraph.
* * * * *

    Dated at Rockville, Maryland, this 27th day of June, 2000.

    For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 00-16751 Filed 6-30-00; 8:45 am]
BILLING CODE 7590-01-U


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