[Federal Register Volume 83, Number 159 (Thursday, August 16, 2018)]
[Proposed Rules]
[Pages 40685-40703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17650]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / 
Proposed Rules

[[Page 40685]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 50

[NRC-2017-0024]
RIN 3150-AJ93


Approval of American Society of Mechanical Engineers' Code Cases

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to 
amend its regulations to incorporate by reference proposed revisions of 
three regulatory guides (RGs), which would approve new, revised, and 
reaffirmed Code Cases published by the American Society of Mechanical 
Engineers (ASME). This proposed action would allow nuclear power plant 
licensees, and applicants for construction permits, operating licenses, 
combined licenses, standard design certifications, standard design 
approvals and manufacturing licenses, to use the Code Cases listed in 
these draft RGs as voluntary alternatives to engineering standards for 
the construction, inservice inspection (ISI), and inservice testing 
(IST) of nuclear power plant components. The NRC is requesting comments 
on this proposed rule and on the draft versions of the three RGs 
proposed to be incorporated by reference. The NRC is also making 
available a related draft RG that lists Code Cases that the NRC has not 
approved for use. This draft RG will not be incorporated by reference 
into the NRC's regulations.

DATES: Submit comments on the proposed rule and related guidance by 
October 30, 2018. Submit comments specific to the information 
collections aspects of this rule by September 17, 2018. Comments 
received after this date will be considered if it is practical to do 
so, but the NRC is able to ensure consideration only of comments 
received on or before this date.

ADDRESSES: You may submit comments on the proposed rule and related 
guidance by any of the following methods (unless this document 
describes a different method for submitting comments on a specific 
subject):
    <bullet> Federal Rulemaking website: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0024. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: <a href="/cdn-cgi/l/email-protection#246745564b480a6345484845434c4156644a56470a434b52"><span class="__cf_email__" data-cfemail="9ddefceff2f1b3dafcf1f1fcfaf5f8efddf3effeb3faf2eb">[email protected]</span></a>. For technical questions contact 
the individuals listed in the FOR FURTHER INFORMATION CONTACT section 
of this document.
    <bullet> Email comments to: <a href="/cdn-cgi/l/email-protection#e2b0978e878f83898b8c85cca18d8f8f878c9691a28c9081cc858d94"><span class="__cf_email__" data-cfemail="451730292028242e2c2b226b062a2828202b3136052b37266b222a33">[email protected]</span></a>. If you do 
not receive an automatic email reply confirming receipt, then contact 
us at 301-415-1677.
    <bullet> Fax comments to: Secretary, U.S. Nuclear Regulatory 
Commission at 301-415-1101.
    <bullet> Mail comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and 
Adjudications Staff.
    <bullet> Hand deliver comments to: 11555 Rockville Pike, Rockville, 
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal 
workdays; telephone: 301-415-1677.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Margaret Ellenson, Office of Nuclear 
Material Safety and Safeguards, telephone: 301-415-0894, email: 
<a href="/cdn-cgi/l/email-protection#4904283b2e283b2c3d670c25252c273a262709273b2a672e263f"><span class="__cf_email__" data-cfemail="83cee2f1e4e2f1e6f7adc6efefe6edf0ecedc3edf1e0ade4ecf5">[email protected]</span></a>; and Giovanni Facco, Office of Nuclear 
Regulatory Research, telephone: 301-415-6337; email: 
<a href="/cdn-cgi/l/email-protection#e4a38d8b92858a8a8dcaa28587878ba48a9687ca838b92"><span class="__cf_email__" data-cfemail="5b1c32342d3a353532751d3a3838341b352938753c342d">[email protected]</span></a>. Both are staff of the U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001.

Executive Summary

A. Need for the Regulatory Action

    The purpose of this regulatory action is to incorporate by 
reference into the NRC's regulations the latest revisions of three RGs 
(currently in draft form for comment). The three draft RGs identify 
new, revised, and reaffirmed Code Cases published by the ASME, which 
the NRC has determined are acceptable for use as voluntary alternatives 
to compliance with certain provisions of the ASME Boiler and Pressure 
Vessel Code (BPV Code) and ASME Code for Operation and Maintenance of 
Nuclear Power Plants (OM Code) currently incorporated by reference into 
the NRC's regulations.

B. Major Provisions

    The three draft RGs that the NRC proposes to incorporate by 
reference are RG 1.84, ``Design, Fabrication, and Materials Code Case 
Acceptability, ASME Section III,'' Revision 38 (Draft Regulatory Guide 
(DG)-1345); RG 1.147, ``Inservice Inspection Code Case Acceptability, 
ASME Section XI, Division 1,'' Revision 19 (DG-1342); and RG 1.192, 
``Operation and Maintenance [OM] Code Case Acceptability, ASME OM 
Code,'' Revision 3 (DG-1343). This proposed action would allow nuclear 
power plant licensees and applicants for construction permits (CPs), 
operating licenses (OLs), combined licenses (COLs), standard design 
certifications, standard design approvals, and manufacturing licenses, 
to use the Code Cases newly listed in these revised RGs as voluntary 
alternatives to engineering standards for the construction, ISI, and 
IST of nuclear power plant components. The NRC also notes the 
availability of a proposed version of RG 1.193, ``ASME Code Cases Not 
Approved for Use,'' Revision 6 (DG-1344). This document lists Code 
Cases that the NRC has not approved for generic use, and will not be 
incorporated by reference into the NRC's regulations. The NRC is not 
requesting comment on DG-1344.
    The NRC prepared a draft regulatory analysis to determine the 
expected quantitative costs and benefits of this proposed rule, as well 
as qualitative factors to be considered in the NRC's rulemaking 
decision. The analysis concluded that this proposed rule would result 
in net savings to the industry and the NRC. As shown below, the 
estimated total net benefit relative to the regulatory baseline, the 
quantitative benefits outweigh the costs by a range from approximately 
$6.72 million (7-percent net present value (NPV)) to $7.48 million (3-
percent NPV).

[[Page 40686]]



                                           Total Averted Costs (Costs)
----------------------------------------------------------------------------------------------------------------
                            Attribute                              Undiscounted       7% NPV          3% NPV
----------------------------------------------------------------------------------------------------------------
Industry Implementation.........................................              $0              $0              $0
Industry Operation..............................................       6,130,000       5,200,000       5,700,000
                                                                 -----------------------------------------------
    Total Industry Costs........................................       6,130,000       5,200,000       5,700,000
NRC Implementation..............................................       (360,000)       (360,000)       (360,000)
NRC Operation...................................................       2,380,000       1,880,000       2,140,000
                                                                 -----------------------------------------------
    Total NRC Cost..............................................       2,020,000       1,520,000       1,780,000
                                                                 ===============================================
        Net.....................................................       8,150,000       6,720,000       7,480,000
----------------------------------------------------------------------------------------------------------------

    The regulatory analysis also considered the following qualitative 
considerations: (1) Flexibility and decreased uncertainty for licensees 
when making modifications or preparing to perform ISI or IST; (2) 
consistency with the provisions of the National Technology Transfer and 
Advancement Act of 1995 (NTTAA), which encourages Federal regulatory 
agencies to consider adopting voluntary consensus standards as an 
alternative to de novo agency development of standards affecting an 
industry; (3) consistency with the NRC's policy of evaluating the 
latest versions of consensus standards in terms of their suitability 
for endorsement by regulations and regulatory guides; and (4) 
consistency with the NRC's goal to harmonize with international 
standards to improve regulatory efficiency for both the NRC and 
international standards groups.
    The draft regulatory analysis concludes that this proposed rule 
should be adopted because it is justified when integrating the cost-
beneficial quantitative results and the positive and supporting 
nonquantitative considerations in the decision. For more information, 
please see the regulatory analysis (ADAMS Accession No. ML18099A054).

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Obtaining Information and Submitting Comments
    A. Obtaining Information
    B. Submitting Comments
II. Background
III. Discussion
    A. Code Cases Proposed to be Approved for Unconditional Use
    B. Code Cases Proposed to be Approved for Use With Conditions
    1. ASME BPV Code, Section III Code Cases (DG-1345/RG 1.84)
    2. ASME BPV Code, Section XI Code Cases (DG-1342/RG 1.147)
    3. OM Code Cases (DG-1343/RG 1.192)
    C. ASME Code Cases not Approved for Use (DG-1344/RG 1.193)
IV. Section-by-Section Analysis
V. Regulatory Flexibility Certification
VI. Regulatory Analysis
VII. Backfitting and Issue Finality
VIII. Plain Writing
IX. Environmental Assessment and Proposed Finding of No Significant 
Environmental Impact
X. Paperwork Reduction Act Statement
XI. Voluntary Consensus Standards
XII. Incorporation by Reference--Reasonable Availability to 
Interested Parties
XIII. Availability of Documents

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2017-0024 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:
    <bullet> Federal Rulemaking website: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0024.
    <bullet> NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then 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, 301-415-4737, or by email to <a href="/cdn-cgi/l/email-protection#aadaced884d8cfd9c5dfd8c9cfeac4d8c984cdc5dc"><span class="__cf_email__" data-cfemail="730317015d0116001c06011016331d01105d141c05">[email protected]</span></a>. For 
the convenience of the reader, instructions about obtaining materials 
referenced in this document are provided in the ``Availability of 
Documents'' section.
    <bullet> NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

B. Submitting Comments

    Please include Docket ID NRC-2017-0024 in the subject line of your 
comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. Background

    The ASME develops and publishes the ASME BPV Code, which contains 
requirements for the design, construction, and ISI examination of 
nuclear power plant components, and the ASME OM Code,\1\ which contains 
requirements for IST of nuclear power plant components. In response to 
BPV and OM Code user requests, the ASME develops Code Cases that 
provide voluntary alternatives to BPV and OM Code requirements under 
special circumstances.
---------------------------------------------------------------------------

    \1\ The editions and addenda of the ASME Code for Operation and 
Maintenance of Nuclear Power Plants have had different titles from 
2005 to 2017, and are referred to collectively in this rule as the 
``OM Code.''
---------------------------------------------------------------------------

    The NRC approves the ASME BPV and OM Codes in Sec.  50.55a, ``Codes 
and standards,'' of title 10 of the Code of Federal Regulations (10 
CFR) through the process of incorporation by reference. As such, each 
provision of the ASME Codes incorporated by reference into, and 
mandated by Sec.  50.55a constitutes a legally-binding NRC requirement 
imposed by rule. As noted previously, ASME Code Cases, for the most 
part, represent alternative

[[Page 40687]]

approaches for complying with provisions of the ASME BPV and OM Codes. 
Accordingly, the NRC periodically amends Sec.  50.55a to incorporate by 
reference the NRC's RGs listing approved ASME Code Cases that may be 
used as voluntary alternatives to the BPV and OM Codes.\2\
---------------------------------------------------------------------------

    \2\ See Federal Register notice (FRN), ``Incorporation by 
Reference of ASME BPV and OM Code Cases'' (68 FR 40469; July 8, 
2003).
---------------------------------------------------------------------------

    This proposed rule is the latest in a series of rules that 
incorporate by reference new versions of several RGs identifying new, 
revised, and reaffirmed,\3\ and unconditionally or conditionally 
acceptable ASME Code Cases that the NRC approves for use. In developing 
these RGs, the NRC staff reviews ASME BPV and OM Code Cases, determines 
the acceptability of each Code Case, and publishes its findings in the 
RGs. The RGs are revised periodically as new Code Cases are published 
by the ASME. The NRC incorporates by reference the RGs listing 
acceptable and conditionally acceptable ASME Code Cases into Sec.  
50.55a. The NRC published a final rule dated January 17, 2018 (83 FR 
2331) that incorporated by reference into Sec.  50.55a the most recent 
versions of the RGs, which are: RG 1.84, ``Design, Fabrication, and 
Materials Code Case Acceptability, ASME Section III,'' Revision 37; RG 
1.147, ``Inservice Inspection Code Case Acceptability, ASME Section XI, 
Division 1,'' Revision 18; and RG 1.192, ``Operation and Maintenance 
Code Case Acceptability, ASME OM Code,'' Revision 2.
---------------------------------------------------------------------------

    \3\ Code Cases are categorized by ASME as one of three types: 
New, revised, or reaffirmed. A new Code Case provides for a new 
alternative to specific ASME Code provisions or addresses a new 
need. The ASME defines a revised Code Case to be a revision 
(modification) to an existing Code Case to address, for example, 
technological advancements in examination techniques or to address 
NRC conditions imposed in one of the RGs that have been incorporated 
by reference into Sec.  50.55a. The ASME defines ``reaffirmed'' as 
an OM Code Case that does not have any change to technical content, 
but includes editorial changes.
---------------------------------------------------------------------------

III. Discussion

    This proposed rule would incorporate by reference the latest 
revisions of the NRC's RGs that list ASME BPV and OM Code Cases that 
the NRC finds to be acceptable, or acceptable with NRC-specified 
conditions (``conditionally acceptable''). Regulatory Guide 1.84, 
Revision 38, DG-1345, would supersede the incorporation by reference of 
Revision 37; RG 1.147, Revision 19, DG-1342, would supersede the 
incorporation by reference of Revision 18; and RG 1.192, Revision 3, 
DG-1343, would supersede the incorporation by reference of Revision 2.
    The ASME Code Cases that are the subject of this proposed rule are 
the new and revised Section III and Section XI Code Cases as listed in 
Supplement 11 to the 2010 BPV Code through Supplement 7 to the 2013 BPV 
Code, and the OM Code Cases published at the same time as the 2017 
Edition. Additional Section XI Code Cases published from the 2015 
Edition of the BPV Code are also included at the request of the ASME.
    The latest editions and addenda of the ASME BPV and OM Codes that 
the NRC has approved for use are referenced in Sec.  50.55a. The ASME 
also publishes Code Cases that provide alternatives to existing Code 
requirements that the ASME developed and approved. This proposed rule 
would incorporate by reference RGs 1.84, 1.147, and 1.192 allowing 
nuclear power plant licensees, and applicants for combined licenses, 
standard design certifications, standard design approvals, and 
manufacturing licenses under the regulations that govern license 
certifications, to use the Code Cases listed in these RGs as suitable 
alternatives to the ASME BPV and OM Codes for the construction, ISI, 
and IST of nuclear power plant components. The ASME publishes Code 
Cases in a separate document but at the same time as specific editions 
of the ASME OM Code. The ASME also publishes BPV Code Cases in a 
separate document and at a different time than ASME BPV Code Editions. 
This proposed rule identifies Code Cases by the edition of the ASME BPV 
Code or ASME OM Code under which they were published by ASME. This 
proposed rule only accepts Code Cases for use in lieu of the specific 
editions and addenda of the ASME BPV and OM Codes incorporated by 
reference in Sec.  50.55a.
    The following general guidance applies to the use of the ASME Code 
Cases approved in the latest versions of the RGs that are incorporated 
by reference into Sec.  50.55a as part of this proposed rule. 
Specifically, the use of the Code Cases listed in RGs 1.84, 1.147, and 
1.192 are acceptable with the specified conditions when implementing 
the editions and addenda of the ASME BPV and OM Codes incorporated by 
reference in 10 CFR 50.55a.
    The approval of a Code Case in the NRC's RGs constitutes acceptance 
of its technical position for applications that are not precluded by 
regulatory or other requirements or by the recommendations in these or 
other RGs. The applicant and/or licensee is responsible for ensuring 
that use of the Code Case does not conflict with regulatory 
requirements or licensee commitments. The Code Cases listed in the RGs 
are acceptable for use within the limits specified in the Code Cases. 
If the RG states an NRC condition on the use of a Code Case, then the 
NRC condition supplements and does not supersede any condition(s) 
specified in the Code Case, unless otherwise stated in the NRC 
condition.
    The ASME Code Cases may be revised for many reasons (e.g., to 
incorporate operational examination and testing experience and to 
update material requirements based on research results). On occasion, 
an inaccuracy in an equation is discovered or an examination, as 
practiced, is found not to be adequate to detect a newly discovered 
degradation mechanism.
    Therefore, when an applicant or a licensee initially implements a 
Code Case, Sec.  50.55a requires that the applicant or the licensee 
implement the most recent version of that Code Case, as listed in the 
RGs incorporated by reference. Code Cases superseded by revision are no 
longer acceptable for new applications unless otherwise indicated.
    Section III of the ASME BPV Code applies only to new construction 
(i.e., the edition and addenda to be used in the construction of a 
plant are selected based on the date of the construction permit and are 
not changed thereafter, except voluntarily by the applicant or the 
licensee). Hence, if a Section III Code Case is implemented by an 
applicant or a licensee and a later version of the Code Case is 
incorporated by reference into Sec.  50.55a and listed in the RG, the 
applicant or the licensee may use either version of the Code Case 
(subject, however, to whatever change requirements apply to its 
licensing basis (e.g., Sec.  50.59)) until the next mandatory ISI or 
IST update.
    A licensee's ISI and IST programs must be updated every 10 years to 
the latest edition and addenda of ASME BPV Code, Section XI, and the OM 
Code, respectively, that were incorporated by reference into Sec.  
50.55a and in effect 12 months prior to the start of the next 
inspection and testing interval. Licensees that were using a Code Case 
prior to the effective date of its revision may continue to use the 
previous version for the remainder of the 120-month ISI or IST 
interval. This relieves licensees of the burden of having to update 
their ISI or IST program each time a Code Case is revised by the ASME 
and approved for use by the NRC. Code Cases apply to specific editions 
and addenda, and Code Cases may be revised if they are no longer 
accurate or adequate, so licensees choosing to continue using a Code 
Case

[[Page 40688]]

during the subsequent ISI or IST interval must implement the latest 
version incorporated by reference into Sec.  50.55a and listed in the 
RGs.
    The ASME may annul Code Cases that are no longer required, are 
determined to be inaccurate or inadequate, or have been incorporated 
into the BPV or OM Codes. A Code Case may be revised, for example, to 
incorporate user experience. The older or superseded version of the 
Code Case cannot be applied by the licensee or applicant for the first 
time.
    If an applicant or a licensee applied a Code Case before it was 
listed as superseded, the applicant or the licensee may continue to use 
the Code Case until the applicant or the licensee updates its 
construction Code of Record (in the case of an applicant, updates its 
application) or until the licensee's 120-month ISI or IST update 
interval expires, after which the continued use of the Code Case is 
prohibited unless NRC authorization is given under Sec.  50.55a(z). If 
a Code Case is incorporated by reference into Sec.  50.55a and later a 
revised version is issued by the ASME because experience has shown that 
the design analysis, construction method, examination method, or 
testing method is inadequate; the NRC will amend Sec.  50.55a and the 
relevant RG to remove the approval of the superseded Code Case. 
Applicants and licensees should not begin to implement such superseded 
Code Cases in advance of the rulemaking.

A. Code Cases Proposed To Be Approved for Unconditional Use

    The Code Cases discussed in Table I are new, revised or reaffirmed 
Code Cases in which the NRC is not proposing any conditions. The table 
identifies the draft regulatory guide listing the applicable Code Case 
that the NRC proposes to approve for use.

                                                     Table I
----------------------------------------------------------------------------------------------------------------
               Code case No.                         Published with supplement                    Title
----------------------------------------------------------------------------------------------------------------
                                   Boiler and Pressure Vessel Code Section III
                                         (addressed in DG-1345, Table 1)
----------------------------------------------------------------------------------------------------------------
N-60-6....................................  11 (2010 Edition).........................  Material for Core
                                                                                         Support Structures,
                                                                                         Section III, Division
                                                                                         1.
N-249-15..................................  7 (2013 Edition)..........................  Additional Materials for
                                                                                         Subsection NF, Classes
                                                                                         1, 2, 3, and MC
                                                                                         Supports Fabricated
                                                                                         Without Welding,
                                                                                         Section III, Division
                                                                                         1.
N-284-4...................................  11 (2010 Edition).........................  Metal Containment Shell
                                                                                         Buckling Design
                                                                                         Methods, Class MC, TC,
                                                                                         and SC Construction
                                                                                         Section III, Divisions
                                                                                         1 and 3.
N-520-6...................................  1 (2013 Edition)..........................  Alternative Rules for
                                                                                         Renewal of Active or
                                                                                         Expired N-type
                                                                                         Certificates for Plants
                                                                                         Not in Active
                                                                                         Construction, Section
                                                                                         III, Division 1.
N-801-1...................................  11 (2010 Edition).........................  Rules for Repair of N-
                                                                                         Stamped Class 1, 2, and
                                                                                         3 Components Section
                                                                                         III, Division 1.
N-822-2...................................  7 (2013 Edition)..........................  Application of the ASME
                                                                                         Certification Mark
                                                                                         Section III, Divisions
                                                                                         1, 2, 3, and 5.
N-833.....................................  1 (2013 Edition)..........................  Minimum Non-prestressed
                                                                                         Reinforcement in the
                                                                                         Containment Base Mat or
                                                                                         Slab Required for
                                                                                         Concrete Crack Control,
                                                                                         Section III, Division
                                                                                         2.
N-834.....................................  3 (2013 Edition)..........................  ASTM A988/A988M-11 UNS
                                                                                         S31603, Subsection NB,
                                                                                         Class 1 Components,
                                                                                         Section III, Division
                                                                                         1.
N-836.....................................  3 (2013 Edition)..........................  Heat Exchanger Tube
                                                                                         Mechanical Plugging,
                                                                                         Class 1, Section III,
                                                                                         Division 1.
N-841.....................................  4 (2013 Edition)..........................  Exemptions to Mandatory
                                                                                         Post Weld Heat
                                                                                         Treatment (PWHT) of SA-
                                                                                         738 Grade B for Class
                                                                                         MC Applications,
                                                                                         Section III, Division
                                                                                         1.
N-844.....................................  5 (2013 Edition)..........................  Alternatives to the
                                                                                         Requirements of NB-
                                                                                         4250(c), Section III,
                                                                                         Division 1.
----------------------------------------------------------------------------------------------------------------
                                   Boiler and Pressure Vessel Code Section XI
                                         (addressed in DG-1342, Table 1)
----------------------------------------------------------------------------------------------------------------
N-513-4...................................  6 (2013 Edition)..........................  Evaluation of Criteria
                                                                                         for Temporary
                                                                                         Acceptance of Flaws in
                                                                                         Moderate Energy Class 2
                                                                                         or 3 Piping, Section
                                                                                         XI, Division 1.
N-528-1...................................  5 (1998 Edition)..........................  Purchase, Exchange, or
                                                                                         Transfer of Material
                                                                                         Between Nuclear Plant
                                                                                         Sites Section XI,
                                                                                         Division 1.
N-661-3...................................  6 (2015 Edition)..........................  Alternative Requirements
                                                                                         for Wall Thickness
                                                                                         Restoration of Class 2
                                                                                         and 3 Carbon Steel
                                                                                         Piping for Raw Water
                                                                                         Service, Section XI,
                                                                                         Division 1.
N-762-1...................................  3 (2013 Edition)..........................  Temper Bead Procedure
                                                                                         Qualification
                                                                                         Requirements for Repair/
                                                                                         Replacement Activities
                                                                                         without Postweld Heat
                                                                                         Treatment, Section XI,
                                                                                         Division 1.
N-789-2...................................  5 (2015 Edition)..........................  Alternative Requirements
                                                                                         for Pad Reinforcement
                                                                                         of Class 2 and 3
                                                                                         Moderate Energy Carbon
                                                                                         Steel Piping for Raw
                                                                                         Water Service, Section
                                                                                         XI, Division 1.
N-823-1...................................  4 (2013 Edition)..........................  Visual Examination
                                                                                         Section XI, Division 1.
N-839.....................................  7 (2013 Edition)..........................  Similar and Dissimilar
                                                                                         Metal Welding Using
                                                                                         Ambient Temperature
                                                                                         SMAW \1\ Temper Bead
                                                                                         Technique Section XI,
                                                                                         Division 1.
N-842.....................................  4 (2013 Edition)..........................  Alternative Inspection
                                                                                         Program for Longer Fuel
                                                                                         Cycles Section XI,
                                                                                         Division 1.
N-853.....................................  6 (2015 Edition)..........................  PWR \2\ Class 1 Primary
                                                                                         Piping Alloy 600 Full
                                                                                         Penetration Branch
                                                                                         Connection Weld Metal
                                                                                         Buildup for Material
                                                                                         Susceptible to Primary
                                                                                         Water Stress Corrosion
                                                                                         Cracking, Section XI,
                                                                                         Division 1.
N-854.....................................  1 (2015 Edition)..........................  Alternative Pressure
                                                                                         Testing Requirements
                                                                                         for Class 2 and 3
                                                                                         Components Connected to
                                                                                         the Class 1 Boundary,
                                                                                         Section XI, Division 1.
----------------------------------------------------------------------------------------------------------------
                                                     OM Code
                                         (addressed in DG-1343, Table 1)
----------------------------------------------------------------------------------------------------------------
OMN-16 Revision 2.........................  2017 Edition..............................  Use of a Pump Curve for
                                                                                         Testing.
OMN-21....................................  2017 Edition..............................  Alternative Requirements
                                                                                         for Adjusting Hydraulic
                                                                                         Parameters to Specified
                                                                                         Reference Points.
----------------------------------------------------------------------------------------------------------------
\1\ Shielded metal arc welding.
\2\ Pressurized water reactor.


[[Page 40689]]

B. Code Cases Approved for Use With Conditions

    The NRC has determined that certain Code Cases, as issued by the 
ASME, are generally acceptable for use, but that the alternative 
requirements specified in those Code Cases must be supplemented in 
order to provide an acceptable level of quality and safety. 
Accordingly, the NRC proposes to impose conditions on the use of these 
Code Cases to modify, limit or clarify their requirements. The 
conditions would specify, for each applicable Code Case, the additional 
activities that must be performed, the limits on the activities 
specified in the Code Case, and/or the supplemental information needed 
to provide clarity. These ASME Code Cases, listed in Table II, are 
included in Table 2 of DG-1345 (RG 1.84), DG-1342 (RG 1.147), and DG-
1343 (RG 1.192). The NRC's evaluation of the Code Cases and the reasons 
for the NRC's proposed conditions are discussed in the following 
paragraphs. Notations have been made to indicate the conditions 
duplicated from previous versions of the RG.
    The NRC requests public comment on these Code Cases and the 
proposed conditions. It should also be noted that the following 
paragraphs only address those Code Cases for which the NRC proposes to 
impose condition(s), which are listed in the RG for the first time.

                                                    Table II
----------------------------------------------------------------------------------------------------------------
               Code case No.                         Published with supplement                    Title
----------------------------------------------------------------------------------------------------------------
                                   Boiler and Pressure Vessel Code Section III
                                         (addressed in DG-1345, Table 2)
----------------------------------------------------------------------------------------------------------------
N-71-19...................................  0 (2013 Edition)..........................  Additional Materials for
                                                                                         Subsection NF, Class 1,
                                                                                         2, 3, and MC Supports
                                                                                         Fabricated by Welding,
                                                                                         Section III, Division
                                                                                         1.
----------------------------------------------------------------------------------------------------------------
                                   Boiler and Pressure Vessel Code Section XI
                                         (addressed in DG-1342, Table 2)
----------------------------------------------------------------------------------------------------------------
N-516-4...................................  7 (2013 Edition)..........................  Underwater Welding,
                                                                                         Section XI, Division 1.
N-597-3...................................  5 (2013 Edition)..........................  Evaluation of Pipe Wall
                                                                                         Thinning, Section XI,
                                                                                         Division 1.
N-606-2...................................  2 (2013 Edition)..........................  Similar and Dissimilar
                                                                                         Metal Welding Using
                                                                                         Ambient Temperature
                                                                                         Machine GTAW \1\ Temper
                                                                                         Bead Technique for BWR
                                                                                         \2\ CRD \3\ Housing/
                                                                                         Stub Tube Repairs,
                                                                                         Section XI, Division 1.
N-638-7...................................  2 (2013 Edition)..........................  Similar and Dissimilar
                                                                                         Metal Welding Using
                                                                                         Ambient Temperature
                                                                                         Machine GTAW Temper
                                                                                         Bead Technique, Section
                                                                                         XI, Division 1.
N-648-2...................................  7 (2013 Edition)..........................  Alternative Requirements
                                                                                         for Inner Radius
                                                                                         Examinations of Class 1
                                                                                         Reactor Vessel Nozzles,
                                                                                         Section XI, Division 1.
N-695-1...................................  0 (15 Edition)............................  Qualification
                                                                                         Requirements for
                                                                                         Dissimilar Metal Piping
                                                                                         Welds Section XI,
                                                                                         Division 1.
N-696-1...................................  6 (2013 Edition)..........................  Qualification
                                                                                         Requirements for
                                                                                         Mandatory Appendix VIII
                                                                                         Piping Examination
                                                                                         Conducted from the
                                                                                         Inside Surface, Section
                                                                                         XI, Division 1.
N-702.....................................  12 (2001 Edition).........................  Alternative Requirements
                                                                                         for Boiling Water
                                                                                         Reactor (BWR) Nozzle
                                                                                         Inner Radius and Nozzle-
                                                                                         to-Shell Welds, Section
                                                                                         XI, Division 1.
N-705 (Errata)............................  11 (2010 Edition).........................  Evaluation Criteria for
                                                                                         Temporary Acceptance of
                                                                                         Degradation in Moderate
                                                                                         Energy Class 2 or 3
                                                                                         Vessels and Tanks,
                                                                                         Section XI, Division 1.
N-711-1...................................  0 (2017 Edition)..........................  Alternative Examination
                                                                                         Coverage Requirements
                                                                                         for Examination
                                                                                         Category B-F, B-J, C-F-
                                                                                         1, C-F-2, and R[dash]A
                                                                                         Piping Welds, Section
                                                                                         XI, Division 1.
N-754-1...................................  1 (2013 Edition)..........................  Optimized Structural
                                                                                         Dissimilar Metal Weld
                                                                                         Overlay for Mitigation
                                                                                         of PWR Class 1 Items,
                                                                                         Section XI, Division 1.
N-766-1...................................  1 (2013 Edition)..........................  Nickel Alloy Reactor
                                                                                         Coolant Inlay and Onlay
                                                                                         for Mitigation of PWR
                                                                                         Full Penetration
                                                                                         Circumferential Nickel
                                                                                         Alloy Dissimilar Metal
                                                                                         Welds in Class 1 Items,
                                                                                         Section XI, Division 1.
N-824.....................................  11 (2010 Edition).........................  Ultrasonic Examination
                                                                                         of Cast Austenitic
                                                                                         Piping Welds From the
                                                                                         Outside Surface Section
                                                                                         XI, Division 1.
N-829.....................................  0 (2013 Edition)..........................  Austenitic Stainless
                                                                                         Steel Cladding and
                                                                                         Nickel Base Cladding
                                                                                         Using Ambient
                                                                                         Temperature Machine
                                                                                         GTAW Temper Bead
                                                                                         Technique, Section XI,
                                                                                         Division 1.
N-830.....................................  7 (2013 Edition)..........................  Direct Use of Master
                                                                                         Fracture Toughness
                                                                                         Curve for Pressure-
                                                                                         Retaining Materials of
                                                                                         Class 1 Vessels,
                                                                                         Section XI, Division 1.
N-831.....................................  0 (2017 Edition)..........................  Ultrasonic Examination
                                                                                         in Lieu of Radiography
                                                                                         for Welds in Ferritic
                                                                                         Pipe, Section XI,
                                                                                         Division 1.
N-838.....................................  2 (2015 Edition)..........................  Flaw Tolerance
                                                                                         Evaluation of Cast
                                                                                         Austenitic Stainless
                                                                                         Steel Piping, Section
                                                                                         XI, Division 1.
N-843.....................................  4 (2013 Edition)..........................  Alternative Pressure
                                                                                         Testing Requirements
                                                                                         Following Repairs or
                                                                                         Replacements for Class
                                                                                         1 Piping between the
                                                                                         First and Second
                                                                                         Injection Isolation
                                                                                         Valves, Section XI,
                                                                                         Division 1.
N-849.....................................  7 (2013 Edition)..........................  In situ VT-3 Examination
                                                                                         of Removable Core
                                                                                         Support Structures
                                                                                         Without Removal,
                                                                                         Section XI, Division 1.
----------------------------------------------------------------------------------------------------------------
                                                     OM Code
                                         (addressed in DG-1343, Table 2)
----------------------------------------------------------------------------------------------------------------
OMN-1 Revision 2..........................  2017 Edition..............................  Alternative Rules for
                                                                                         Preservice and
                                                                                         Inservice Testing of
                                                                                         Active Electric Motor.
OMN-3.....................................  2017 Edition..............................  Requirements for Safety
                                                                                         Significance
                                                                                         Categorization of
                                                                                         Components Using Risk
                                                                                         Insights for Inservice
                                                                                         Testing of LWR \4\
                                                                                         Power Plants.

[[Page 40690]]

 
OMN-4.....................................  2017 Edition..............................  Requirements for Risk
                                                                                         Insights for Inservice
                                                                                         Testing of Check Valves
                                                                                         at LWR Power Plants.
OMN-9.....................................  2017 Edition..............................  Use of a Pump Curve for
                                                                                         Testing.
OMN-12....................................  2017 Edition..............................  Alternative Requirements
                                                                                         for Inservice Testing
                                                                                         Using Risk Insights for
                                                                                         Pneumatically and
                                                                                         Hydraulically Operated
                                                                                         Valve Assemblies in
                                                                                         Light-Water Reactor
                                                                                         Power Plants (OM-Code
                                                                                         1998, Subsection ISTC).
OMN-18....................................  2017 Edition..............................  Alternate Testing
                                                                                         Requirements for Pumps
                                                                                         Tested Quarterly Within
                                                                                         <plus-minus>20% of
                                                                                         Design Flow.
OMN-19....................................  2017 Edition..............................  Alternative Upper Limit
                                                                                         for the Comprehensive
                                                                                         Pump Test.
OMN-20....................................  2017 Edition..............................  Inservice Test
                                                                                         Frequency.
----------------------------------------------------------------------------------------------------------------
\1\ Gas tungsten arc welding.
\2\ Boiling water reactor.
\3\ Control rod drive.
\4\ Light water reactor.

1. ASME BPV Code, Section III Code Cases (DG-1345/RG 1.84)
Code Case N-71-19 [Supplement 0, 2013 Edition]
    Type: Revised.
    Title: Additional Materials for Subsection NF, Class 1, 2, 3, and 
MC Supports Fabricated by Welding.
    The first condition on Code Case N-71-19 is identical to the first 
condition on Code Case N-71-18 that was first approved by the NRC in 
Revision 33 of RG 1.84 in August 2005. The condition stated that, ``The 
maximum measured ultimate tensile strength (UTS) of the component 
support material must not exceed 170 ksi in view of the susceptibility 
of high strength materials to brittleness and stress corrosion 
cracking.'' When ASME revised N-71, the code case was not modified in a 
way that would make it possible for the NRC to remove the first 
condition. Therefore, the first condition would be retained in Revision 
38 of RG 1.84.
    The second condition on Code Case N-71-18 was removed because it 
related to materials of up to 190 ksi and the first condition has a UTS 
limit of 170 ksi on materials. The staff is not aware of any materials 
listed in this Code Case to which this condition would apply so it was 
deleted and the subsequent conditions renumbered.
    The second condition on Code Case N-71-19 is an update to the third 
condition on Revision 18 of the Code Case. This condition has been 
modified so that it references the correct sentence and paragraph of 
the revised Code Case and now refers to paragraph 5.2 of the Code Case, 
instead of paragraph 5.5 to reference ``5.3.2.3, `Alternative 
Atmosphere Exposure Time Periods Established by Test,' of the AWS 
[American Welding Society] D1.1 Code for the evidence presented to and 
accepted by the Authorized Inspector concerning exposure of electrodes 
for a longer period of time.'' The basis for this change is that the 
paragraph of the Code Case identified by this condition has been 
renumbered and is now 5.2. When ASME revised N-71, the code case was 
not modified in a way that would make it possible for the NRC to remove 
the second condition. Therefore, the second condition would be retained 
in Revision 38 of RG 1.84.
    The third condition on Code Case N-71-19 is substantively the same 
as the fourth condition on Code Case N-71-18 that was first approved by 
the NRC in Revision 33 of RG 1.84 in August 2005, except that it now 
references the renumbered paragraphs of the revised Code Case. The 
condition now reads ``Paragraph 16.2.2 of Code Case N-71-19 is not 
acceptable as written and must be replaced with the following: `When 
not exempted by 16.2.1 above, the post weld heat treatment must be 
performed in accordance with NF-4622 except that ASTM A-710 Grade A 
Material must be at least 1000 [deg]F (540 [deg]C) and must not exceed 
1150 [deg]F (620 [deg]C) for Class 1 and 2 material and 1175 [deg]F 
(640 [deg]C) for Class 3 material.' '' When ASME revised N-71, the code 
case was not modified in a way that would make it possible for the NRC 
to remove the third condition. Therefore, the third condition would be 
retained in Revision 38 of RG 1.84.
    The fourth condition on Code Case N-71-19 is identical to the fifth 
condition on Code Case N-71-18 that was first approved by the NRC in 
Revision 33 of RG 1.84 in August 2005. The condition stated that, ``The 
new holding time-at-temperature for weld thickness (nominal) must be 30 
minutes for welds \1/2\ inch or less in thickness, 1 hour per inch of 
thickness for welds over \1/2\ inch to 5 inches, and for thicknesses 
over 5 inches, 5 hours plus 15 minutes for each additional inch over 5 
inches.'' When ASME revised N-71, the code case was not modified in a 
way that would make it possible for the NRC to remove the fourth 
condition. Therefore, the fourth condition would be retained in 
Revision 38 of RG 1.84.
    The fifth condition on Code Case N-71-19 is identical to the sixth 
condition on Code Case N-71-18 that was first approved by the NRC in 
Revision 33 of RG 1.84 in August 2005. The condition stated that, ``The 
fracture toughness requirements as listed in this Code Case apply only 
to piping supports and not to Class 1, 2 and 3 component supports.'' 
When ASME revised N-71, the code case was not modified in a way that 
would make it possible for the NRC to remove the fifth condition. 
Therefore, the fifth condition would be retained in Revision 38 of RG 
1.84.
    The sixth condition is a new condition, which states that when 
welding P-Number materials listed in the Code Case, the corresponding 
S-Number welding requirements shall apply. Previous revisions of the 
Code Case assigned every material listed in the Code Case an S-Number 
designation. Welding requirements for materials in the Code Case are 
specified based on the S-Number. The current version of the Code Case 
was modified to assign corresponding P-Numbers to those Code Case 
materials, which are also listed in ASME Code Section IX and have a P-
Number designation. However, the Code Case was not modified to make 
clear that the Code Case requirements for welding S-Number materials 
are also applicable to the P-Number materials, all of which were 
previously listed with S-Numbers. Therefore, as written, if a user 
applies this Code Case and uses a P-Number material listed in the 
tables, it is not clear that the corresponding S-Number welding 
requirments apply. To clarify the application of S-Number welding 
requirements to P-Number materials, the NRC proposes the sixth 
condition as stated. This new condition would not impose any additional 
restrictions on the use of this Code Case

[[Page 40691]]

from those placed on the previous revisions.
2. ASME BPV Code, Section XI Code Cases (DG-1342/RG 1.147)
Code Case N-516-4 [Supplement 7, 2013 Edition]
    Type: Revised.
    Title: Underwater Welding, Section XI, Division 1.
    The previously approved revision of this Code Case, N-516-3, was 
conditionally accepted in RG 1.147 to require that licensees obtain NRC 
approval in accordance with Sec.  50.55a(z) regarding the technique to 
be used in the weld repair or replacement of irradiated material 
underwater. The rationale for this condition was that it was known that 
materials subjected to high neutron fluence could not be welded without 
cracking (this is discussed in more detail in the next paragraph). 
However, the condition applied to Code Case N-516-3 did not provide any 
guidance on what level of neutron irradiation could be considered a 
threshold for weldability.
    The technical basis for imposing conditions on the welding of 
irradiated materials is that neutrons can generate helium atoms within 
the metal lattice through transmutation of various isotopes of boron 
and/or nickel. At high temperatures, such as those during welding, 
these helium atoms rapidly diffuse though the metal lattice, forming 
helium bubbles. In sufficient concentration, these helium atoms can 
cause grain boundary cracking that occurs in the fusion zones and heat 
affected zones during the heatup/cooldown cycle.
    In the rulemaking for the 2009-2013 Editions of the ASME Code, the 
NRC adopted conditions that should be applied to Section XI, Article 
IWA-4660 when performing underwater welding on irradiated materials. 
These conditions provide guidance on what level of neutron irradiation 
and/or helium content would require approval by the NRC because of the 
impact of neutron fluence on weldability. These conditions provide 
separate criteria for three generic classes of material: ferritic 
material, austenitic material other than P-No. 8 (e.g., nickel based 
alloys) and austenitic P-No. 8 material (e.g., stainless steel alloys). 
These conditions are currently located in Sec.  50.55a(b)(2)(xii). 
Although these conditions apply to underwater welding performed in 
accordance with IWA-4660, they do not apply to underwater welding 
performed in accordance with Code Case N-516-4.
    Therefore, the NRC proposes to approve Code Case N-516-4 with the 
following conditions for underwater welding. The first condition 
captures the Sec.  50.55a(b)(2)(xii) requirement for underwater welding 
of ferritic materials, and states that licensees must obtain NRC 
approval in accordance with Sec.  50.55a(z) regarding the welding 
technique to be used prior to performing welding on ferritic material 
exposed to fast neutron fluence greater than 1 x 10\17\ n/cm\2\ (E > 1 
MeV). The second condition captures the Sec.  50.55a(b)(2)(xii) 
requirement for underwater welding of austenitic material other than P-
No. 8, and states that licensees must obtain NRC approval in accordance 
with Sec.  50.55a(z) regarding the welding technique to be used prior 
to performing welding on austenitic material other than P-No. 8, 
exposed to thermal neutron fluence greater than 1 x 10\17\ n/cm\2\ (E < 
0.5 eV). The third condition captures the Sec.  50.55a(b)(2)(xii) 
requirement for underwater welding of austenitic P-No. 8 material, and 
states that licensees must obtain NRC approval in accordance with Sec.  
50.55a(z) regarding the welding technique to be used prior to 
performing welding on austenitic P-No. 8 material exposed to thermal 
neutron fluence greater than 1 x 10\17\ n/cm\2\ (E < 0.5 eV) and 
measured or calculated helium concentration of the material greater 
than 0.1 atomic parts per million.
Code Case N-597-3 [Supplement 5, 2013 Edition]
    Type: Revised.
    Title: Evaluation of Pipe Wall Thinning Section XI.
    The NRC revised the conditions to clarify their intent. The 
conditions on N-597-3 are all carryovers from the previous version of 
this Code Case N-597-2. The first condition on Code Case N-597-3 
addresses the NRC's concerns regarding how the corrosion rate and 
associated uncertainties will be determined when N-597-3 is applied to 
evaluate the wall thinning in pipes for degradation mechanisms other 
than flow accelerated corrosion. Therefore, the NRC is proposing a 
condition that requires the corrosion rate be reviewed and approved by 
the NRC prior to the use of the Code Case.
    The second condition on Code Case N-597-3 has two parts that allow 
the use of this Code Case to mitigate flow accelerated corrosion, but 
only if both of the requirements of the condition are met. Due to the 
difficulty inherent in calculating wall thinning, the first part of 
Condition 2 requires that the use of N-597-3 on flow-accelerated 
corrosion piping must be supplemented by the provisions of Electric 
Power Research Institute (EPRI) Nuclear Safety Analysis Center Report 
202L- 2, ``Recommendations for an Effective Flow Accelerated Corrosion 
Program,'' April 1999, which contain rigorous provisions to minimize 
wall thinning.
    The first part of Condition 2 (i.e., (2)(a)) on Code Case N-597-3 
is identical to the first condition on Code Case N-597-2 that was first 
approved by the NRC in Revision 15 of RG 1.147 in October 2007. The 
condition stated that the ``Code Case must be supplemented by the 
provisions of EPRI Nuclear Safety Analysis Center Report (NSAC) 202L- 
2, ``Recommendations for an Effective Flow Accelerated Corrosion 
Program'' (Ref. 6), April 1999, for developing the inspection 
requirements, the method of predicting the rate of wall thickness loss, 
and the value of the predicted remaining wall thickness. As used in 
NSAC-202L-R2, the term ``should'' is to be applied as ``shall'' (i.e., 
a requirement).'' When ASME revised N-597, the code case was not 
modified in a way that would make it possible for the NRC to remove the 
first part of Condition 2. Therefore, the first part of Condition 2 
would be retained in Revision 19 of RG 1.147.
    The second part of Condition 2 (i.e., (2)(b)) on Code Case N-597-3 
is identical to the second condition on Code Case N-597-2 that was 
first approved by the NRC in Revision 15 of RG 1.147 in October 2007. 
The condition stated that ``Components affected by flow-accelerated 
corrosion to which this Code Case are applied must be repaired or 
replaced in accordance with the construction code of record and owner's 
requirements or a later NRC approved edition of Section III, `Rules for 
Construction of Nuclear Power Plant Components,' of the ASME Code prior 
to the value of t<INF>p</INF> reaching the allowable minimum wall 
thickness, t<INF>min</INF>, as specified in -3622.1(a)(1) of this Code 
Case. Alternatively, use of the Code Case is subject to NRC review and 
approval per Sec.  50.55a(z).'' When ASME revised N-597, the code case 
was not modified in a way that would make it possible for the NRC to 
remove the second part of Condition 2. Therefore, the second part of 
Condition 2 would be retained in Revision 19 of RG 1.147.
    The third condition on Code Case N-597-3 is identical to the fourth 
condition on Code Case N-597-2 that was first approved by the NRC in 
Revision 15 of RG 1.147 in October 2007. The condition stated that for 
those components that do not require immediate repair or replacement, 
the rate of wall thickness loss is to be used to determine a suitable 
inspection frequency, so that repair or replacement occurs prior to 
reaching allowable

[[Page 40692]]

minimum wall thickness. When ASME revised N-597, the code case was not 
modified in a way that would make it possible for the NRC to remove the 
third condition. Therefore, the third condition would be retained in 
Revision 19 of RG 1.147.
    The fourth condition on Code Case N-597-3 is updated from the sixth 
condition on Code Case N-597-2 that was first approved by the NRC in 
Revision 17 of RG 1.147 in August 2014. This condition allows the use 
of Code Case N-597-3 to calculate wall thinning for moderate-energy 
Class 2 and 3 piping (using criteria in Code Case N-513-2) for 
temporary acceptance (until the next refueling outage). When ASME 
revised N-597, the code case was not modified in a way that would make 
it possible for the NRC to remove the fourth condition. Therefore, the 
fourth condition would be retained in Revision 19 of RG 1.147.
    The fifth condition is also updated from the sixth condition on 
Code Case N-597-2 that was first approved by the NRC in Revision 17 of 
RG 1.147 in August 2014. This condition prohibits the use of this Code 
Case in evaluating through-wall leakage in high energy piping due to 
the consequences and safety implications associated with pipe failure.
Code Case N-606-2 [Supplement 2, 2013 Edition]
    Type: Revised.
    Title: Similar and Dissimilar Metal Welding Using Ambient 
Temperature Machine GTAW Temper Bead Technique for BWR CRD Housing/Stub 
Tube Repairs.
    The condition on Code Case N-606-2 is identical to the condition on 
Code Case N-606-1 that was first approved by the NRC in Revision 13 of 
RG 1.147 in January 2004. The condition stated that ``Prior to welding, 
an examination or verification must be performed to ensure proper 
preparation of the base metal, and that the surface is properly 
contoured so that an acceptable weld can be produced. This verification 
is to be required in the welding procedure.'' When ASME revised N-606, 
the code case was not modified in a way that would make it possible for 
the NRC to remove the condition. Therefore, the condition would be 
retained in Revision 19 of RG 1.147.
Code Case N-638-7 [Supplement 2, 2013 Edition]
    Type: Revised.
    Title: Similar and Dissimilar Metal Welding Using Ambient 
Temperature Machine GTAW Temper Bead Technique.
    The condition on Code Case N-638-7 is identical to the condition on 
Code Case N-638-6 that was first approved by the NRC in Revision 18 of 
RG 1.147 in the January 2018 final rule and states that ``demonstration 
for ultrasonic examination of the repaired volume is required using 
representative samples which contain construction type flaws.'' When 
ASME revised N-638, the code case was not modified in a way that would 
make it possible for the NRC to remove the condition. Therefore, the 
condition would be retained in Revision 19 of RG 1.147.
Code Case N-648-2 [Supplement 7, 2013 Edition]
    Type: Revised.
    Title: Alternative Requirements for Inner Radius Examinations of 
Class 1 Reactor Vessel Nozzles Section XI.
    The NRC is proposing one condition for this Code Case related to 
preservice inspections. The condition on N-648-2 is that this Code Case 
shall not be used to eliminate the preservice or inservice volumetric 
examination of plants with a combined operating license pursuant to 10 
CFR part 52, or a plant that receives its operating license after 
October 22, 2015.
    The NRC staff's position regarding this Code Case is that the 
required preservice volumetric examinations should be performed on all 
vessel nozzles for comparison with volumetric examinations later, if 
indications of flaws are found. Eliminating the volumetric preservice 
or inservice examination is predicated on good operating experience for 
the existing fleet, which has not found any inner radius cracking in 
the nozzles within the scope of the code case. At this time, the new 
reactor designs have no inspection history or operating experience 
available to support eliminating the periodic volumetric examination of 
the nozzles in question. Use of Code Case N-648-2 would not eliminate 
preservice examinations for the existing fleet since all plants have 
already completed a preservice examination.
Code Case N-695-1 [Supplement 6, 2013 Edition]
    Type: Revised.
    Title: Qualification Requirements for Dissimilar Metal Piping Welds 
Section XI, Division 1.
    The NRC proposes to approve Code Case N-695-1 with the following 
condition. Inspectors qualified using the 0.25 root mean square (RMS) 
error for measuring the depths of flaws using N-695-1 are not qualified 
to depth-size inner diameter (ID) surface breaking flaws greater than 
50 percent through-wall in dissimilar metal welds 2.1 inches or greater 
in thickness. When an inspector qualified using N-695-1 measures a flaw 
as greater than 50 percent through-wall in a dissimilar metal weld from 
the ID, the flaw shall be considered to have an indeterminate depth.
    Code Case N-695-1 provides alternative rules for ultrasonic 
inspections of dissimilar metal welds from the inner and outer 
surfaces. Code Case N-695 was developed to allow for inspections from 
the inner surface in ASME Code Section XI editions prior to 2007. 
However, no inspection vendor was able to meet the depth-sizing 
requirements of 0.125 inch RMS error. The NRC has granted relief to 
several licensees to allow the use of alternate depth-sizing 
requirements. The NRC reviewed the depth-sizing results at the 
Performance Demonstration Institute (PDI) for procedures able to 
achieve an RMS error over 0.125 inches but less than 0.25 inches. The 
review found that the inspectors tend to oversize small flaws and 
undersize deep flaws. The flaws sized by the inspectors as 50 percent 
though-wall or less were accurately or conservatively measured. There 
were, however, some instances of very large flaws being measured as 
significantly smaller than the true state, but they were not measured 
as less than 50 percent through-wall.
    Code Case N-695-1 changes the depth sizing requirements for inner-
surface examinations of test blocks of 2.1 inches or greater thickness 
to 0.25 inches. This change is in line with the granted relief requests 
and with the NRC's review of the PDI test results.
    The depth-sizing capabilities of the inspections does not provide 
sufficient confidence in the ability of an inspector qualified using a 
0.25 inch RMS error to accurately measure the depth of deep flaws. The 
NRC proposes a condition on Code Case N-695-1 in that any surface-
connected flaw sized over 50 percent through-wall should be considered 
of indeterminate depth.
Code Case N-696-1 [Supplement 6, 2013 Edition]
    Type: Revised.
    Title: Qualification Requirements for Mandatory Appendix VIII 
Piping Examination Conducted From the Inside Surface.
    The NRC proposes to approve Code Case N-696-1 with the following 
condition. Inspectors qualified using the 0.25 RMS error for measuring 
the depths of flaws using N-696-1 are not qualified to depth-size ID 
surface breaking flaws greater than 50 percent through-wall in

[[Page 40693]]

dissimilar metal welds 2.1 inches or greater in thickness. When an 
inspector qualified using N-696-1 measures a flaw as greater than 50 
percent through-wall in a dissimilar metal weld from the ID, the flaw 
shall be considered to have an indeterminate depth. Code Case N-696-1 
provides alternative rules for ultrasonic inspections of Supplement 2, 
3 and 10 welds from the inner and outer surfaces. Code Case N-696 was 
developed to allow for inspections for welds from the inner surface in 
ASME Code Section XI editions prior to 2007. However, no inspection 
vendor was able to meet the depth-sizing requirements of 0.125 inch 
root mean square (RMS) error. The NRC staff granted relief to several 
licensees to allow the use of alternate depth-sizing requirements. The 
NRC reviewed the depth-sizing results at the PDI for procedures able to 
achieve an RMS error over 0.125 inches but less than 0.25 inches. The 
review found that the inspectors tend to oversize small flaws and 
undersize deep flaws. The flaws sized by the inspectors as 50 percent 
though-wall or less were accurately or conservatively measured. There 
were, however, some instances of very large flaws being measured as 
significantly smaller than the true state, but they were not measured 
as less than 50 percent through-wall.
    Code Case N-696-1 changes the depth sizing requirements for inner-
surface examinations of test blocks of 2.1 inches or greater thickness 
to 0.25 inches. This change is consistent with the granted relief 
requests and with the NRC staff review of the PDI test results. The 
depth-sizing capabilities of the inspections does not provide 
sufficient confidence in the ability of an inspector qualified using a 
0.25 inch RMS error to accurately measure the depth of deep flaws. 
Therefore, the NRC proposes a condition on Code Case N-696-1 that any 
surface-connected flaw sized over 50 percent through-wall should be 
considered of indeterminate depth.
Code Case N-702 [Supplement 11, 2010 Edition]
    Type: Revised.
    Title: Alternative Requirements for Boiling Water Reactor (BWR) 
Nozzle Inner Radius and Nozzle-to-Shell Welds, Section XI, Division 1.
    The NRC previously accepted with conditions Code Case N-702 in RG 
1.147, Revision 18. For Revision 19 of RG 1.147 the NRC proposes 
revisions to the conditions on Code Case N-702. The original conditions 
in RG 1.147, Revision 17, were consistent with the established review 
procedure for applications for use of Code Case N-702 before August 
2014 for the original 40 years of operation. The previous conditions on 
Code Case N-702 required licensees to prepare and submit for NRC review 
and approval an evaluation demonstrating the applicability of Code Case 
N-702 prior to the application of Code Case N-702. Subsequent reviews 
by the NRC of requests to utilize the provisions of Code Case N-702 
show that all licensees have adequately evaluated the applicability of 
Code Case N-702 during the original 40 years of operation. Therefore 
future review by the NRC is not needed. For the period of extended 
operation, the application of Code Case N-702 is prohibited. Licensees 
that wish to use Code Case N-702 in the period of extended operation 
may submit relief requests based on BWRVIP-241, Appendix A, ``BWR 
Nozzle Radii and Nozzle-to-Vessel Welds Demonstration of Compliance 
with the Technical Information Requirements of the License Renewal Rule 
(10 CFR 54.21),'' approved on April 26, 2017, or plant-specific 
probabilistic fracture mechanics analyses. Therefore, the NRC proposes 
to revise the RG 1.147, Revision 17, condition to reflect these 
changes.
    Consistent with the safety evaluations for all prior ASME Code Case 
N-702 requests, a condition on visual examination is being added to 
clarify that the NRC is not relaxing the licensees' practice on VT-1 on 
nozzle inner radii.
    The revised conditions on Code Case N-702 state the following: The 
applicability of Code Case N-702 for the first 40 years of operation 
must be demonstrated by satisfying the criteria in Section 5.0 of NRC 
Safety Evaluation regarding BWRVIP-108 dated December 18, 2007, (ADAMS 
Accession No. ML073600374) or Section 5.0 of NRC Safety Evaluation 
regarding BWRVIP-241 dated April 19, 2013 (ADAMS Accession No. 
ML13071A240).
    The use of Code Case N-702 in the period of extended operation is 
prohibited. If VT-1 is used, it shall utilize ASME Code Case N-648-2, 
``Alternative Requirements for Inner Radius Examination of Class 1 
Reactor Vessel Nozzles, Section XI Division 1,'' with the associated 
required conditions specified in Regulatory Guide 1.147.
Code Case N-705 (Errata) [Supplement 11, 2010 Edition]
    Type: Revised.
    Title: Evaluation Criteria for Temporary Acceptance of Degradation 
in Moderate Energy Class 2 or 3 Vessels and Tanks.
    The NRC has already accepted Code Case N-705 in Regulatory Guide 
1.147, Revision 16, without conditions. The revised Code Case in 
Supplement 11 contains only editorial changes. However, the NRC has 
identified an area of concern. Paragraph 1(d) of Code Case N-705 states 
that the evaluation period is the operational time for which the 
temporary acceptance criteria are satisfied (i.e., evaluation period 
<=t<INF>allow</INF>) but not greater than 26 months from the initial 
discovery of the condition. The NRC finds the 26 months duration 
unacceptable. The Code Case is applicable to the temporary acceptance 
of degradation, which could be a through wall leak, and would permit a 
vessel or tank to leak coolant for 26 months without repair or 
replacement. The NRC finds it is unacceptable for plant safety to 
permit a through wall leak in vessels or tanks for 26 months without an 
ASME Code repair. Therefore, the NRC proposes the following condition 
on Code Case N-705: The ASME Code repair or replacement activity 
temporarily deferred under the provisions of this Code Case shall be 
performed during the next scheduled refueling outage. If a flaw is 
detected during a scheduled shutdown, an ASME code repair is required 
before plant restart.
Code Case N-711-1 [Supplement 0, 2017 Edition]
    Type: Revised.
    Title: Alternative Examination Coverage Requirements for 
Examination Category B-F, B-J, C-F-1, C-F-2, and R-A Piping Welds.
    Code Case N-711 was first listed as unacceptable for use by the NRC 
in Revision 3 of RG 1.193 in October 2010. Code Case N-711-1 was 
created to incorporate several NRC conditions for the use of Code Case 
N-711. This Code Case provides requirements for determining an 
alternative required examination volume, which is defined as the volume 
of primary interest based on the postulated degradation mechanism in a 
particular piping weld.
    The NRC finds Code Case N-711-1 acceptable with one condition. The 
Code Case shall not be used to redefine the required examination volume 
for preservice examinations or when the postulated degradation 
mechanism for piping welds is primary water stress corrosion cracking 
(PWSCC), intergranular stress corrosion cracking (IGSCC) or crevice 
corrosion (CC). For PWSCC, the staff finds that the examination volume 
must meet the requirements of ASME Code Case N-770-1 as conditioned by 
Sec.  50.55a(g)(6)(ii)(F). For IGSCC and CC, the Code Case does not 
define a volume of primary interest and therefore it

[[Page 40694]]

cannot be used for these degradation mechanisms. The Code Case requires 
selection of an alternative inspection location within the same risk 
region or category if it will improve the examination coverage of the 
volume of primary interest. Use of the Code Case must be identified in 
the licensee's 90-day post outage report of activities identifying the 
examination category, weld number, weld description, percent coverage 
and a description of limitation. The NRC determined that the Code Case 
provides a suitable process for determining the appropriate volume of 
primary interest based on the degradation mechanism postulated by the 
degradation mechanism analysis, except as noted in the proposed 
condition.
Code Case N-754-1 [Supplement 1, 2013 Edition]
    Type: Revised.
    Title: Optimized Structural Dissimilar Metal Weld Overlay for 
Mitigation of PWR Class 1 Items.
    The first condition on Code Case N-754-1 is the same as the first 
condition on N-754 that was first approved by the NRC in Revision 18 of 
RG 1.147 in January 2018. The condition stated that: ``The conditions 
imposed on the optimized weld overlay design in the NRC safety 
evaluation for MRP-169, Revision 1-A (ADAMS Accession Nos. ML101620010 
and ML101660468) must be satisfied.'' When ASME revised N-754, the code 
case was not modified in a way that would make it possible for the NRC 
to remove the first condition. Therefore, the first condition would be 
retained in Revision 19 of RG 1.147.
    The second condition on Code Case N-754-1 is the same as the second 
condition on N-754 that was first approved by the NRC in Revision 18 of 
RG 1.147 in January 2018. The condition stated that: ``2) The 
preservice and inservice inspections of the overlaid weld must satisfy 
10 CFR 50.55a(g)(6)(ii)(F).'' When ASME revised N-754, the code case 
was not modified in a way that would make it possible for the NRC to 
remove the second condition. Therefore, the second condition would be 
retained in Revision 19 of RG 1.147.
    The third condition on Code Case N-754-1 is new and states that the 
optimized weld overlay in this Code Case can only be installed on an 
Alloy 82/182 weld where the outer 25 percent of weld wall thickness 
does not contain indications that are greater than 1/16 inch in length 
or depth. The optimized weld overlay is designed with the structural 
support from the outer 25 percent of the existing weld metal (i.e., the 
base metal) intact. As such, the outer 25 percent of the weld metal 
needs to be free of degradation prior to the overlay installation. The 
Code Case is not clear with regard to the condition of the outer 25 
percent of the Alloy 82/182 weld prior to the overlay installation. 
Therefore, the NRC proposes this condition to ensure that the outer 25 
percent of the base metal (the weld) has no indications greater than 1/
16 inches so that the structural integrity of the repaired weld is 
maintained.
Code Case N-766-1 [Supplement 1, 2013 Edition]
    Type: Revised.
    Title: Nickel Alloy Reactor Coolant Inlay and Onlay for Mitigation 
of PWR Full Penetration Circumferential Nickel Alloy Dissimilar Metal 
Welds in Class 1 Items.
    Code Case N-766-1 contains provisions for repairing nickel-based 
Alloy 82/182 dissimilar metal butt welds in Class 1 piping using weld 
inlay and onlay. The NRC notes that the Code Case provides adequate 
requirements on the design, installation, pressure testing, and 
examinations of the inlay and onlay. The NRC finds that the weld inlay 
and onlay using the Code Case provides reasonable assurance that the 
structural integrity of the repaired pipe will be maintained. However, 
certain provisions of the Code Case are inadequate and therefore the 
NRC proposes five conditions. The NRC staff notes that the preservice 
and inservice inspection requirements of inlay and onlay are specified 
in Code Case N-770-1 as stated in Section 3(e) of Code Case N-766-1.
    The first condition on Code Case N-766-1 is new and prohibits the 
reduction of preservice and inservice inspection requirements specified 
by this Code Case for inlays or onlays applied to Alloy 82/182 
dissimilar metal welds, which contain an axial indication that has a 
depth of more than 25 percent of the pipe wall thickness and a length 
of more than half axial width of the dissimilar metal weld, or a 
circumferential indication that has a depth of more than 25 percent of 
the pipe wall thickness and a length of more than 20 percent of the 
circumference of the pipe. Paragraph 1(c)(1) of the Code Case states 
that:

    . . . Indications detected in the examination of 3(b)(1) that 
exceed the acceptance standards of IWB-3514 shall be corrected in 
accordance with the defect removal requirements of IWA-4000. 
Alternatively, indications that do not meet the acceptance standards 
of IWB-3514 may be accepted by analytical evaluation in accordance 
with IWB-3600 . . .

    This alternative would allow a flaw with a maximum depth of 75 
percent through wall to remain in service in accordance with the ASME 
Code, Section XI, IWB-3643. Even if the inlay or onlay will isolate the 
dissimilar metal weld from the reactor coolant to minimize the 
potential for stress corrosion cracking, the NRC finds that having a 75 
percent flaw in the Alloy 82/182 weld does not provide reasonable 
assurance of the structural integrity of the pipe. The NRC finds that 
the indication in the Alloy 82/182 weld needs to be limited in size to 
ensure structural integrity of the weld.
    The second condition on Code Case N-766-1 is new and modifies the 
Code Case to require that pipe with any thickness of inlay or onlay 
must be evaluated for weld shrinkage, pipe system flexibility, and 
additional weight of the inlay or onlay. Paragraph 2(e) of the Code 
Case states that:

    . . . If the inlay or onlay deposited in accordance with this 
Case is thicker than 1/8t, where t is the original nominal DMW 
[Dissimilar Metal Weld] thickness, the effects of any change in 
applied loads, as a result of weld shrinkage from the entire inlay 
or onlay, on other items in the piping system (e.g., support loads 
and clearances, nozzle loads, and changes in system flexibility and 
weight due to the inlay or onlay) shall be evaluated. Existing flaws 
previously accepted by analytical evaluation shall be evaluated in 
accordance with IWB-3640 . . .

    The NRC finds that a pipe with any thickness of inlay or onlay must 
be evaluated for weld shrinkage, pipe system flexibility, and 
additional weight of the inlay or onlay.
    The third condition on Code Case N-766-1 is new. The third 
condition sets re-examination requirements for inlay or onlay when 
applied to an Alloy 82/182 dissimilar metal weld with any indication 
that the weld exceeds the acceptance standards of IWB-3514 and is 
accepted for continued service in accordance with IWB-3132.3 or IWB-
3142.4. This condition states that the subject weld must be inspected 
in three successive examinations after the installation of the inlay or 
onlay. The NRC has concerns regarding the fact that the Code Case 
permits indications exceeding IWB-3514 to remain in service after inlay 
or onlay installation, based on analytical evaluation of IWB-3600. The 
IWB-2420 requires three successive examinations for indications that 
are permitted to remain in service per IWB-3600. The Code Case does not 
discuss the three successive examinations. If an inlay or onlay is 
applied to an Alloy 82/182 dissimilar

[[Page 40695]]

metal weld that contains an indication that exceeds the acceptance 
standards of IWB-3514 and is accepted for continued service in 
accordance with IWB-3132.3 or IWB-3142.4, the subject weld must be 
inspected in three successive examinations after inlay or onlay 
installation. The NRC proposes this condition to ensure that the three 
successive examinations will be performed.
    The fourth condition on Code Case N-766-1 is new and prohibits an 
inlay or onlay with detectable subsurface indication discovered by eddy 
current testing in the acceptance examinations from remaining in 
service. Operational experience has shown that subsurface flaws on 
alloy 52 welds for upper heads may be very near the surface. However, 
these flaws are undetectable by liquid dye penetrant, as there are no 
surface breaking aspects during initial construction. Nevertheless, in 
multiple cases, after a plant goes through one or two cycles of 
operation, these defects become exposed to the primary coolant. The 
exposure of these subsurface defects to primary coolant challenges the 
effectiveness of the alloy 52 weld mitigation of only 3mm in total 
thickness. In the upper head scenario, these welds are inspected each 
outage. In order to allow the extension of the inspection frequency to 
that defined by Sec.  50.55a(g)(6)(ii)(F), the NRC found that all 
detectable subsurface indications by eddy current examination should be 
removed from the alloy 52 weld layer.
    The fifth condition on Code Case N-766-1 is new and requires that 
the flaw analysis of paragraph 2(d) of the Code Case shall also 
consider primary water stress corrosion cracking growth in the 
circumferential and axial directions, in accordance with IWB-3640. The 
postulated flaw evaluation in the Code Case only requires a fatigue 
analysis. Conservative generic analysis by the NRC has raised the 
concern that a PWSCC could potentially grow through the inner alloy 52 
weld layer and into the highly susceptible alloy 82/182 weld material, 
to a depth of 75 percent through-wall, within the period of 
reexamination frequency required by Sec.  50.55a(g)(6)(ii)(F). 
Therefore, users of this Code Case will verify, for each weld, that a 
primary water stress corrosion crack will not reach a depth of 75 
percent through-wall within the required re-inspection interval due to 
PWSCC.
Code Case N-824 [Supplement 11, 2010 Edition]
    Type: New.
    Title: Ultrasonic Examination of Cast Austenitic Piping Welds From 
the Outside Surface, Section XI, Division 1.
    Code Case N-824 is a new Code Case for the examination of cast 
austenitic piping welds from the outside surface. The NRC, using NUREG/
CR-6933 and NUREG/CR-7122, determined that inspections of cast 
austenitic stainless steel (CASS) materials are very challenging, and 
sufficient technical basis exists to condition the Code Case to bring 
the Code Case into agreement with the NUREG/CR reports. The NUREG/CR 
reports also show that CASS materials produce high levels of coherent 
noise. The noise signals can be confusing and mask flaw indications.
    The use of dual element phased-array search units showed the most 
promise in obtaining meaningful responses from flaws. For this reason, 
the NRC is proposing to add a condition to require the use of dual, 
transmit-receive, refracted longitudinal wave, multi-element phased 
array search units when utilizing N-824 for the examination of CASS 
components.
    The optimum inspection frequencies for examining CASS components of 
various thicknesses are described in NUREG/CR-6933 and NUREG/CR-7122. 
For this reason, the NRC is proposing to add a condition to require 
that ultrasonic examinations performed to implement ASME BPV Code Case 
N-824 on piping greater than 1.6 inches thick shall use a phased array 
search unit with a center frequency of 500 kHz with a tolerance of +/- 
20 percent.
    The NUREG/CR-6933 shows that the grain structure of CASS can reduce 
the effectiveness of some inspection angles, namely angles including, 
but not limited to, 30 to 55 degrees with a maximum increment of 5 
degrees. Because the NRC is requiring the use of a phased array search 
unit, the NRC finds that the use of the phased array search unit must 
be limited so that the unit is used at inspection angles that would 
provide acceptable results. For this reason, the NRC is adding a 
condition to require that ultrasonic examinations performed to 
implement ASME BPV Code Case N-824 shall use a phased array search unit 
that produce angles including, but not limited to, 30 to 55 degrees 
with a maximum increment of 5 degrees. Therefore, the NRC finds Code 
Case N-824 acceptable with the following poroposed conditions: (1) 
Instead of Paragraph 1(c)(1)(-c)(-2), licensees shall use a phased 
array search unit with a center frequency of 500 kHz with a tolerance 
of <plus-minus> 20 percent, and (2) instead of Paragraph 1(c)(1)(-d), 
the phased array search unit must produce angles including, but not 
limited to, 30 to 55 degrees with a maximum increment of 5 degrees.
    Existing regulations in Sec.  50.55a paragraphs (a)(1)(iii)(E) and 
(b)(2)(xxxvii) discuss N-824 and the associated conditions. Because N-
824 would now be discussed in RG 1.147, the existing requirements are 
redundant. These paragraphs would be removed.
Code Case N-829 [Supplement 0, 2013 Edition]
    Type: New.
    Title: Austenitic Stainless Steel Cladding and Nickel Base Cladding 
Using Ambient Temperature Machine GTAW Temper Bead Technique.
    Code Case N-829 is a new Code Case for the use of automatic or 
machine GTAW temper bead technique for the repair of stainless steel 
cladding and nickel-base cladding without the specified preheat or 
postweld heat treatment in Section XI, Paragraph IWA-4411.
    The NRC finds the Code Case acceptable on the condition that the 
provisions of Code Case N-829, paragraph 3(e)(2) or 3(e)(3) may only be 
used when it is impractical to use the interpass temperature 
measurement methods described in 3(e)(1), such as in situations where 
the weldment area is inaccessible (e.g., internal bore welding) or when 
there are extenuating radiological conditions. The NRC has determined 
that interpass temperature measurement is critical to obtaining 
acceptable corrosion resistance and/or notch toughness in a weld. Only 
in areas which are totally inaccessible to temperature measurement 
devices or when there are extenuating radiological conditions shall 
alternate methods be allowed such as the calculation method from 
section 3(e)(2) in ASME Code Case N-829 or the weld coupon test method 
shown in section 3(e)(3) in ASME Code Case N-829.
Code Case N-830 [Supplement 7, 2013 Edition]
    Type: New.
    Title: Direct Use of Master Fracture Toughness Curve for Pressure-
Retaining Materials of Class 1 Vessels.
    Code Case N-830 is a new Code Case introduced in the 2013 Edition 
of the ASME Code. This Code Case outlines the use of a material 
specific master curve as an alternative fracture toughness curve for 
crack initiation, K<INF>IC</INF>, in Section XI, Division 1, Appendices 
A and G, for Class 1 pressure retaining materials, other than bolting.
    The NRC finds the Code Case acceptable with one condition to 
prohibit the use of the provision in

[[Page 40696]]

Paragraph (f) of the Code Case that allows for the use of an 
alternative to limiting the lower shelf of the 95 percent lower 
tolerance bound Master Curve toughness, 
K<INF>JC-lower 95</INF><not-eq>, to a value consistent with the current 
KIC curve. Code Case N-830 contains provisions for using the 
K<INF>JC-lower 95</INF><not-eq> curve and the master curve-based 
reference temperature T<INF>o</INF> as an alternative to the 
K<INF>IC</INF> curve and the nil-ductility transition reference 
temperature RT<INF>NDT</INF> in Appendices A and G of the ASME Code, 
Section XI. T<INF>o</INF> is determined in accordance with ASTM 
International Standard E 1921, ``Standard Test Method for the 
Determination of Reference Temperature, T<INF>o</INF>, for Ferritic 
Steels in the Transition Range,'' from direct fracture toughness 
testing data. The RT<INF>NDT</INF> is determined in accordance with 
ASME Code, Section III, NB-2330, ``Test Requirements and Acceptance 
Standards,'' from indirect Charpy V-notch testing data, and RG 1.99, 
Revision 2, ``Radiation Embrittlement of Reactor Vessel Materials.'' 
Considering the entire test data at a wide range of T-RT<INF>NDT</INF> 
(-400[emsp14][deg]F to 100[emsp14][deg]F), the NRC found that the 
current K<INF>IC</INF> curve also represents approximately a 95 percent 
lower tolerance bound for the data. Thus, using 
K<INF>JC-lower 95</INF><not-eq> curve based on the Master Curve is 
acceptable. However, since Paragraph (f) provides a significant 
deviation from the K<INF>JC-lower 95</INF><not-eq> curve for (T-
T<INF>o</INF>) below -115[emsp14][deg]F in a non-conservative manner 
without justification, the NRC determined that Paragraph (f) of N-830 
must not be applied when using N-830.
Code Case N-831 [Supplement 0, 2017 Edition]
    Type: New.
    Title: Ultrasonic Examination in Lieu of Radiography for Welds in 
Ferritic Pipe.
    Code Case N-831 is a new Code Case, which provides an alternative 
to radiographic testing when it is required by the construction code 
for Section Xl repair/replacement activities. This Code Case describes 
the requirements for inspecting ferritic welds for fabrication flaws 
using Ultrasonic Testing (UT) as an alternative to the current 
requirements to use radiography. The Code Case describes the scanning 
methods, recordkeeping and performance demonstration qualification 
requirements for the ultrasonic procedures, equipment, and personnel.
    The NRC finds the Code Case acceptable with the condition that it 
is prohibited for use in new reactor construction. History has shown 
that the combined use of radiographic testing for weld fabrication 
examinations followed by the use of UT for pre-service inspections 
(PSI) and ISI ensures that workmanship is maintained (with radiographic 
testing) while potentially critical planar fabrication flaws are not 
put into service (with UT). Until studies are completed that 
demonstrate the ability of UT to replace radiographic testing (repair/
replacement activity), the NRC will not generically allow the 
substitute of UT in lieu of radiographic testing for weld fabrication 
examinations. In addition, ultrasonic examinations are not equivalent 
to radiographic examinations as they use different physical mechanisms 
to detect and characterize discontinuities. These differences in 
physical mechanisms result in several key differences in sensitivity 
and discrimination capability. As a result of these differences, as 
well as in consideration of the inherent strengths of each of the 
methods, the two methods are not considered to be interchangeable, but 
are considered complementary. Therefore, the NRC determined that this 
Code Case is not acceptable for use on new reactor construction.
Code Case N-838 [Supplement 2, 2015 Edition]
    Type: New.
    Title: Flaw Tolerance Evaluation of Cast Austenitic Stainless Steel 
Piping Section XI, Division 1.
    The NRC proposes to approve Code Case N-838 with the following 
condition: Code Case N-838 shall not be used to evaluate flaws in cast 
austenitic stainless steel piping where the delta ferrite content 
exceeds 25 percent.
    Code Case N-838 contains provisions for performing a postulated 
flaw tolerance evaluation of ASME Class 1 and 2 CASS piping with delta 
ferrite exceeding 20 percent. The Code Case provides a recommended 
target flaw size for the qualification of nondestructive examination 
methods, along with an approach that may be used to justify a larger 
target flaw size, if needed. The Code Case is intended for the flaw 
tolerance evaluation of postulated flaws in CASS base metal adjacent to 
welds, in conjunction with license renewal commitments. The NRC notes 
that the Code Case is limited in application and provides restrictions 
so that the Code Case will not be misused. For example, the Code Case 
is applicable to portions of Class 1 and 2 piping comprised of SA-351 
statically- or centrifugally-cast Grades CF3, CF3A, CF3M, CF8, CF8A and 
CF8M base metal with delta ferrite exceeding 20 percent and niobium or 
columbium content not greater than 0.2 weight percent. This Code Case 
is limited to be applied to thermally aged CASS material types as 
listed with normal operating temperatures between 500[emsp14][deg]F and 
662[emsp14][deg]F. The Code Case is not applicable for evaluation of 
detected flaws. Section 3 of the Code Case provides specific analytical 
evaluation procedures for the pipe mean-radius-to-thickness ratio 
greater than 10 and for those with a ratio less than 10. Tables 1 
through 4 provide the maximum tolerable flaw depth-to-thickness ratio 
for circumference and axial flaws.
    However, the NRC finds paragraph 3(c) of the Code Case to be 
inadequate. Paragraph 3(c) specifies that for delta ferrite exceeding 
25 percent, or pipe mean radius-to-thickness ratio, R/t, exceeding 10, 
the flaw tolerance evaluation shall be performed except that 
representative data shall be used to determine the maximum tolerable 
flaw depths applicable to the CASS base metal and R/t in lieu of Tables 
1 through 4 of the Code Case.
    The NRC notes that there are insufficient fracture toughness data 
for cast austenitic stainless steel that is greater than 25 percent in 
the open source literature. As such, the NRC needs to review flaw 
tolerance evaluations to ensure that they are performed with adequate 
conservatism. Therefore, the NRC proposes a condition to prohibit the 
use of this Code Case where delta ferrite in cast austenitic stainless 
steel piping exceeds 25 percent.
Code Case N-843 [Supplement 4, 2013 Edition]
    Type: New.
    Title: Alternative Pressure Testing Requirements Following Repairs 
or Replacements for Class 1 Piping between the First and Second 
Inspection Isolation Valves, Section XI, Division 1.
    Code Case N-843 is consistent with alternatives that have been 
granted by the NRC. The NRC is concerned about return lines being 
included that could allow significantly lower pressures to be used on 
Class 1 portions of return lines. Therefore, the NRC proposes a 
condition to ensure the injection lines are tested at the highest 
pressure of the line's intended safety function. If the portions of the 
system requiring pressure testing are associated with more than one 
safety function, the pressure test and visual examination VT-2 shall be 
performed during a test conducted at the higher of the operating 
pressures for the respective system safety functions.

[[Page 40697]]

Code Case N-849 [Supplement 7, 2013 Edition]
    Type: New.
    Title: In Situ VT-3 Examination of Removable Core Support 
Structures Without Removal.
    Code Case N-849 is a new Code Case introduced in the 2013 Edition 
of ASME Code. This Code Case is meant to provide guidelines for 
allowing the VT-3 inspection requirements of Table IWB-2500-1 for 
preservice or inservice inspections of the core support structures to 
be performed without the removal of the core support structure. The NRC 
finds the Code Case acceptable with two proposed conditions.
    The first condition on Code Case N-849 limits the use of the Code 
Case to plants that are designed with accessible core support 
structures to allow for in situ inspection. Code Case N-849 allows the 
performance of VT-3 preservice or inservice visual examinations of 
removable core support structures in situ using a remote examination 
system. A provision of the Code Case is that all surfaces accessible 
for examination when the structure is removed shall be accessible when 
the structure is in situ, except for load bearing and contact surfaces, 
which would only be inspected when the core barrel is removed. Designs 
for new reactors, such as small modular reactors, may include 
accessibility of the annulus between the core barrel and the reactor 
vessel. Unlike new reactor designs, currently operating plants were not 
designed to allow in situ VT-3 examinations. There are no industry 
survey results of the current fleet to provide an evaluation of 
operating plant inspection findings. Therefore, applicability to the 
designs of currently operating plants has not been satisfactorily 
addressed.
    The second condition on Code Case N-849 requires that prior to 
initial plant startup, the VT-3 preservice examination shall be 
performed with the core support structure removed, as required by ASME 
Section XI, IWB-2500-1, and shall include all surfaces that are 
accessible when the core support structure is removed, including all 
load bearing and contact surfaces. The NRC has concerns that a 
preservice examination would not be performed on the load bearing and 
contact surfaces even though the surfaces would be accessible prior to 
installing the core support structure. There is also no evidence that 
the in situ examination will achieve the same coverage as the 
examination with the core support structure removed.
3. ASME Operation and Maintenance Code Cases (DG-1343/RG 1.192)
Code Case OMN-1 Revision 2 [2017 Edition]
    Type: Revised.
    Title: Alternative Rules for Preservice and Inservice Testing of 
Active Electric Motor-Operated Valve Assemblies in Light-Water Reactor 
Power Plants.
    The proposed conditions on Code Case OMN-1, Revision 2 [2017 
Edition] are identical to the conditions on OMN-1 Revision 1 [2012 
Edition] that were approved by the NRC in Revision 2 of RG 1.192 in 
January 2018. When ASME revised OMN-1, the code case was not modified 
in a way that would make it possible for the NRC to remove the 
conditions. Therefore the conditions would be retained in Revision 3 of 
RG 1.192.
Code Case OMN-3 [2017 Edition]
    Type: Reaffirmed.
     Title: Requirements for Safety Significance Categorization of 
Components Using Risk Insights for Inservice Testing of LWR Power 
Plants.
    The proposed conditions on Code Case OMN-3 [2017 Edition] are 
identical to the conditions on OMN-3 [2012 Edition] that were approved 
by the NRC in Revision 2 of RG 1.192 in January 2018. When ASME revised 
OMN-3, the code case was not modified in a way that would make it 
possible for the NRC to remove the conditions. Therefore the conditions 
would be retained in Revision 3 of RG 1.192.
Code Case OMN-4 [2017 Edition]
    Type: Reaffirmed.
    Title: Requirements for Risk Insights for Inservice Testing of 
Check Valves at LWR Power Plants.
    The proposed conditions on Code Case OMN-4 [2017 Edition] are 
identical to the conditions on OMN-4 [2012 Edition] that were approved 
by the NRC in Revision 2 of RG 1.192 in January 2018. When ASME revised 
OMN-4, the code case was not modified in a way that would make it 
possible for the NRC to remove the conditions. Therefore, the 
conditions would be retained in Revision 3 of RG 1.192.
Code Case OMN-9 [2017 Edition]
    Type: Reaffirmed.
    Title: Use of a Pump Curve for Testing.
    The proposed conditions on Code Case OMN-9 [2017 Edition] are 
identical to the conditions on OMN-9 [2012 Edition] that were approved 
by the NRC in Revision 2 of RG 1.192 in January 2018. When ASME revised 
OMN-9, the code case was not modified in a way that would make it 
possible for the NRC to remove the conditions. Therefore, the 
conditions would be retained in Revision 3 of RG 1.192.
Code Case OMN-12 [2017 Edition]
    Type: Reaffirmed.
    Title: Alternative Requirements for Inservice Testing Using Risk 
Insights for Pneumatically and Hydraulically Operated Valve Assemblies 
in Light-Water Reactor Power Plants (OM-Code 1998, Subsection ISTC).
    The proposed conditions on Code Case OMN-12 [2017 Edition] are 
identical to the conditions on OMN-12 [2012 Edition] that were approved 
by the NRC in Revision 2 of RG 1.192 in January 2018. When ASME revised 
OMN-12, the code case was not modified in a way that would make it 
possible for the NRC to remove the conditions. Therefore, the 
conditions would be retained in Revision 3 of RG 1.192.
Code Case OMN-18 [2017 Edition]
    Type: Reaffirmed.
    Title: Alternate Testing Requirements for Pumps Tested Quarterly 
Within <plus-minus<ls-thn-eq>20% of Design Flow.
    The proposed conditions on Code Case OMN-18 [2017 Edition] are 
identical to the conditions on OMN-18 [2012 Edition] that were approved 
by the NRC in Revision 2 of RG 1.192 in January 2018. When ASME revised 
OMN-18, the code case was not modified in a way that would make it 
possible for the NRC to remove the conditions. Therefore, the 
conditions would be retained in Revision 3 of RG 1.192.
Code Case OMN-19 [2017 Edition]
    Type: Reaffirmed.
    Title: Alternative Upper Limit for the Comprehensive Pump Test.
    The proposed conditions on Code Case OMN-19 [2017 Edition] are 
identical to the conditions on OMN-19 [2012 Edition] that were approved 
by the NRC in Revision 2 of RG 1.192 in January 2018. When ASME revised 
OMN-19, the code case was not modified in a way that would make it 
possible for the NRC to remove the conditions. Therefore, the 
conditions would be retained in Revision 3 of RG 1.192.
Code Case OMN-20 [2017 Edition]
    Type: Reaffirmed.
    Title: Inservice Test Frequency.
    This Code Case is applicable to the editions and addenda of the OM 
Code listed in Sec.  50.55a(a)(1)(iv).
    With the acceptance of Code Case OMN-20 in RG 1.192, Revision 3,

[[Page 40698]]

paragraphs (a)(1)(iii)(G) and (b)(3)(x) in Sec.  50.55a accepting Code 
Case OMN-20 are unnecessary and would be removed with this proposed 
rule.

C. ASME Code Cases not Approved for Use (DG-1344/RG 1.193)

    The ASME Code Cases that are currently issued by the ASME but not 
approved for generic use by the NRC are listed in RG 1.193, ``ASME Code 
Cases not Approved for Use.'' In addition to ASME Code Cases that the 
NRC has found to be technically or programmatically unacceptable, RG 
1.193 includes Code Cases on reactor designs for high-temperature gas-
cooled reactors and liquid metal reactors, reactor designs not 
currently licensed by the NRC, and certain requirements in Section III, 
Division 2, for submerged spent fuel waste casks, that are not endorsed 
by the NRC. Regulatory Guide 1.193 complements RGs 1.84, 1.147, and 
1.192. It should be noted that the NRC is not proposing to adopt any of 
the Code Cases listed in RG 1.193. However, comments have been 
submitted in the past on certain Code Cases listed in RG 1.193 where 
the commenter believed that additional technical information was 
available that might not have been considered by the NRC in its 
determination to not approve the use of these Code Cases. While the NRC 
will consider those comments, the NRC is not requesting comment on RG 
1.193 at this time. Any changes in the NRC's non-approval of such Code 
Cases will be the subject of an additional opportunity for public 
comment.

IV. Section-by-Section Analysis

    The following paragraphs in Sec.  50.55a would be revised as 
follows:

Paragraph (a)(1)(iii)(E)

    This proposed rule would remove and reserve paragraph 
(a)(1)(iii)(E).

Paragraph (a)(1)(iii)(G)

    This proposed rule would remove paragraph (a)(1)(iii)(G).

Paragraph (a)(3)

    This proposed rule would include a condition in paragraph (a)(3) 
stating that the Code Cases listed in RGs 1.84, 1.147, and 1.192 may be 
applied with the specified conditions when implementing the editions 
and addenda of the ASME BPV and OM Codes incorporated by reference in 
Sec.  50.55a.

Paragraph (a)(3)(i)

    This proposed rule would revise the reference to ``NRC Regulatory 
Guide 1.84, Revision 37,'' by removing ``Revision 37'' and adding in 
its place ``Revision 38.''

Paragraph (a)(3)(ii)

    This proposed rule would revise the reference to ``NRC Regulatory 
Guide 1.147, Revision 18,'' by removing ``Revision 18'' and adding in 
its place ``Revision 19.''

Paragraph (a)(3)(iii)

    This proposed rule would revise the reference to ``NRC Regulatory 
Guide 1.192, Revision 2,'' by removing ``Revision 2'' and adding in its 
place ``Revision 3.''

Paragraph (b)(2)(xxxvii)

    This proposed rule would remove paragraph (b)(2)(xxxvii).

Paragraph (b)(3)(x)

    This proposed rule would remove and reserve paragraph (b)(3)(x).

V. Regulatory Flexibility Certification

    As required by the Regulatory Flexibility Act (5 U.S.C. 605(b)), 
the Commission certifies that this rule, if adopted, will not have a 
significant economic impact on a substantial number of small entities. 
This proposed rule affects only the licensing and operation of nuclear 
power plants. The companies that own these plants do not fall within 
the scope of the definition of ``small entities'' set forth in the 
Regulatory Flexibility Act or the size standards established by the NRC 
(10 CFR 2.810).

VI. Regulatory Analysis

    The NRC has prepared a draft regulatory analysis on this proposed 
regulation. The analysis examines the costs and benefits of the 
alternatives considered by the NRC. The NRC requests public comment on 
the draft regulatory analysis. The regulatory analysis is available as 
indicated in the ``Availability of Documents'' section of this 
document. Comments on the draft analysis may be submitted to the NRC as 
indicated under the ADDRESSES caption of this document.

VII. Backfitting and Issue Finality

    The provisions in this proposed rule would allow licensees and 
applicants to voluntarily apply NRC-approved Code Cases, sometimes with 
NRC-specified conditions. The approved Code Cases are listed in three 
RGs that are proposed to be incorporated by reference into Sec.  
50.55a. An applicant's or a licensee's voluntary application of an 
approved Code Case does not constitute backfitting, inasmuch as there 
is no imposition of a new requirement or new position.
    Similarly, voluntary application of an approved Code Case by a 10 
CFR part 52 applicant or licensee does not represent NRC imposition of 
a requirement or action, which is inconsistent with any issue finality 
provision in 10 CFR part 52. For these reasons, the NRC finds that this 
proposed rule does not involve any provisions requiring the preparation 
of a backfit analysis or documentation demonstrating that one or more 
of the issue finality criteria in 10 CFR part 52 are met.

VIII. Plain Writing

    The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal 
agencies to write documents in a clear, concise, and well-organized 
manner. The NRC has written this document to be consistent with the 
Plain Writing Act as well as the Presidential Memorandum, ``Plain 
Language in Government Writing,'' published June 10, 1998 (63 FR 
31883). The NRC requests comment on this document with respect to the 
clarity and effectiveness of the language used.

IX. Environmental Assessment and Proposed Finding of No Significant 
Environmental Impact

    The Commission has determined under the National Environmental 
Policy Act (NEPA) of 1969, as amended, and the Commission's regulations 
in subpart A of 10 CFR part 51, that this rule, if adopted, would not 
be a major Federal action significantly affecting the quality of the 
human environment; therefore, an environmental impact statement is not 
required.
    The determination of this environmental assessment is that there 
will be no significant effect on the quality of the human environment 
from this action. Interested parties should note, however, that 
comments on any aspect of this environmental assessment may be 
submitted to the NRC as indicated under the ADDRESSES section of this 
document.
    As voluntary alternatives to the ASME Code, NRC-approved Code Cases 
provide an equivalent level of safety. Therefore, the probability or 
consequences of accidents is not changed. There are also no 
significant, non-radiological impacts associated with this action 
because no changes would be made affecting non-radiological plant 
effluents and because no changes would be made in activities that would 
adversely affect the environment. The determination of this 
environmental assessment is that there will be no significant offsite 
impact to the public from this action.

[[Page 40699]]

X. Paperwork Reduction Act Statement

    This proposed rule contains new or amended collections of 
information subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.). This proposed rule has been submitted to the Office of 
Management and Budget (OMB) for approval of the information 
collections.
    Type of submission, new or revision: Revision.
    The title of the information collection: Domestic Licensing of 
Production and Utilization.
    Facilities: Updates to Incorporation by Reference and Regulatory 
Guides.
    The form number if applicable: Not applicable.
    How often the collection is required: On occasion.
    Who will be required or asked to report: Operating power reactor 
licensees and applicants for power reactors under construction.
    An estimate of the number of annual responses: -24 (reduction).
    The estimated number of annual respondents: -24 (reduction).
    An estimate of the total number of hours needed annually to 
complete the requirement or request: -9,120 hours (reduction of 
reporting hours.)
    Abstract: This proposed rule is the latest in a series of 
rulemakings that incorporate by reference the latest versions of 
several Regulatory Guides identifying new and revised unconditionally 
or conditionally acceptable ASME Code Cases that are approved for use. 
The incorporation by reference of these Code Cases will reduce the 
number of alternative requests submitted by licensees under Sec.  
50.55a(z) by an estimated 24 requests annually.
    The NRC is seeking public comment on the potential impact of the 
information collections contained in this 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 the burden of the proposed information 
collection 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 proposed information collection on 
respondents be minimized, including the use of automated collection 
techniques or other forms of information technology?
    A copy of the OMB clearance package and proposed rule is available 
in ADAMS under Accession No. ML18099A046 or may be viewed free of 
charge at the NRC's PDR, One White Flint North, 11555 Rockville Pike, 
Room O-1 F21, Rockville, MD 20852. You may obtain information and 
comment submissions related to the OMB clearance package by searching 
on http://www.regulations.gov under Docket ID NRC-2017-0024.
    You may submit comments on any aspect of these proposed information 
collections, including suggestions for reducing the burden and on the 
four issues, by the following methods:
    <bullet> Federal Rulemaking website: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0024.
    <bullet> Mail comments to: Information Services Branch, Office of 
the Chief Information Officer, Mail Stop: T-2F43, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001 or to the OMB reviewer 
at: OMB Office of Information and Regulatory Affairs (3150-0011) Attn: 
Desk Officer for the Nuclear Regulatory Commission, 725 17th Street NW, 
Washington, DC 20503; email: <a href="/cdn-cgi/l/email-protection#cda2a4bfac92beb8afa0a4bebea4a2a38da2a0afe3a8a2bde3aaa2bb"><span class="__cf_email__" data-cfemail="335c5a41526c4046515e5a40405a5c5d735c5e511d565c431d545c45">[email protected]</span></a>.
    Submit comments by September 17, 2018. Comments received after this 
date will be considered if it is practical to do so, but the NRC staff 
is able to ensure consideration only for comments received on or before 
this date.

Public Protection Notification

    The NRC may not conduct or sponsor, and a person is not required to 
respond to, a collection of information unless the document requesting 
or requiring the collection displays a currently valid OMB control 
number.

XI. Voluntary Consensus Standards

    The National Technology Transfer and Advancement Act of 1995, Pub. 
L. 104-113, requires that Federal agencies use technical standards that 
are developed or adopted by voluntary consensus standards bodies unless 
using such a standard is inconsistent with applicable law or is 
otherwise impractical. In this proposed rule, the NRC is continuing to 
use ASME BPV and OM Code Cases, which are ASME-approved voluntary 
alternatives to compliance with various provisions of the ASME BPV and 
OM Codes. The NRC's approval of the ASME Code Cases is accomplished by 
amending the NRC's regulations to incorporate by reference the latest 
revisions of the following, which are the subject of this rulemaking, 
into Sec.  50.55a: RG 1.84, Revision 38; RG 1.147, Revision 19; and RG 
1.192, Revision 3. These RGs list the ASME Code Cases that the NRC has 
approved for use. The ASME Code Cases are national consensus standards 
as defined in the National Technology Transfer and Advancement Act of 
1995 and OMB Circular A-119. The ASME Code Cases constitute voluntary 
consensus standards, in which all interested parties (including the NRC 
and licensees of nuclear power plants) participate. The NRC invites 
comment on the applicability and use of other standards.

XII. Incorporation by Reference

    The NRC proposes to incorporate by reference three NRC RGs that 
list new and revised ASME Code Cases that the NRC has approved as 
voluntary alternatives to certain provisions of NRC-required Editions 
and Addenda of the ASME BPV Code and the ASME OM Code. The draft 
regulatory guides DG-1345, DG-1342, and DG-1343 will correspond to 
final RG 1.84, Revision 38; RG 1.147, Revision 19; and RG 1.192, 
Revision 3, respectively. A summary of the material the NRC proposes to 
incorporate by reference is provided in the ``Discussion'' section of 
this document.
    The NRC is required to obtain approval for incorporation by 
reference from the Office of the Federal Register (OFR) as set forth in 
1 CFR part 51. The OFR regulations require an agency to include in a 
proposed rule a discussion of the ways that the materials the agency 
proposes to incorporate by reference are reasonably available to 
interested parties or how it worked to make those materials reasonably 
available to interested parties. The discussion in this section 
complies with the requirement for proposed rules as set forth in 1 CFR 
51.5(a)(1).
    The NRC considers ``interested parties'' to include all potential 
NRC stakeholders, not only the individuals and entities regulated or 
otherwise subject to the NRC's regulatory oversight. These NRC 
stakeholders are not a homogenous group, so the considerations for 
determining ``reasonable availability'' vary by class of interested 
parties. The NRC identifies six classes of interested parties with 
regard to the material to be incorporated by reference in an NRC rule:
    <bullet> Individuals and small entities regulated or otherwise 
subject to the NRC's regulatory oversight. This class includes 
applicants and potential applicants for licenses and other NRC 
regulatory approvals, and who are subject to the material to be 
incorporated by reference. In this context, ``small entities'' has the 
same meaning as set out in 10 CFR 2.810.
    <bullet> Large entities otherwise subject to the NRC's regulatory 
oversight. This

[[Page 40700]]

class includes applicants and potential applicants for licenses and 
other NRC regulatory approvals, and who are subject to the material to 
be incorporated by reference. In this context, a ``large entity'' is 
one that does not qualify as a ``small entity'' under 10 CFR 2.810.
    <bullet> Non-governmental organizations with institutional 
interests in the matters regulated by the NRC.
    <bullet> Other Federal agencies, states, local governmental bodies 
(within the meaning of 10 CFR 2.315(c)).
    <bullet> Federally-recognized and State-recognized Indian tribes.
    <bullet> Members of the general public (i.e., individual, 
unaffiliated members of the public who are not regulated or otherwise 
subject to the NRC's regulatory oversight) and who need access to the 
materials that the NRC proposes to incorporate by reference in order to 
participate in the rulemaking.
    The three draft RGs that the NRC proposes to incorporate by 
reference in this proposed rule are available without cost and can be 
read online, downloaded, or viewed, by appointment, at the NRC 
Technical Library, which is located at Two White Flint North, 11545 
Rockville Pike, Rockville, Maryland 20852; telephone: 301-415-7000; 
email: <a href="/cdn-cgi/l/email-protection#5e12373c2c3f2c27700c3b2d312b2c3d3b1e302c3d70393128"><span class="__cf_email__" data-cfemail="ffb3969d8d9e8d86d1ad9a8c908a8d9c9abf918d9cd1989089">[email protected]</span></a>. The final RGs, if approved by the OFR 
for incorporation by reference, will also be available for inspection 
at the OFR, as described in 10 CFR 50.55a(a).
    Because access to the three draft regulatory guides, and 
eventually, the final regulatory guides, are available in various forms 
at no cost, the NRC determines that the three draft regulatory guides, 
DG-1345, DG-1342, and DG-1343, and final regulatory guides 1.84, 
Revision 38; RG 1.147, Revision 19; and RG 1.192, Revision 3, once 
approved by the OFR for incorporation by reference, are reasonably 
available to all interested parties.

XIII. Availability of Documents

    The documents identified in the following tables are available to 
interested persons through one or more of the following methods, as 
indicated. Throughout the development of this rule, the NRC may post 
documents related to this rule, including public comments, on the 
Federal rulemaking website at: http://www.regulations.gov under Docket 
ID NRC-2017-0024. The Federal rulemaking website allows you to receive 
alerts when changes or additions occur in a docket folder. To 
subscribe: (1) Navigate to the docket folder (NRC-2017-0024); (2) click 
the ``Sign up for Email Alerts'' link; and (3) enter your email address 
and select how frequently you would like to receive emails (daily, 
weekly, or monthly).

                 Table III--Rulemaking Related Documents
------------------------------------------------------------------------
                                                   ADAMS accession No./
                 Document title                      Federal Register
                                                         citation
------------------------------------------------------------------------
Federal Register notice--``Incorporation by       68 FR 40469.
 Reference of ASME BPV and OM Code Cases,'' July
 8, 2003.
Federal Register Notice--``Fracture Toughness     60 FR 65456.
 Requirements for Light Water Reactor Pressure
 Vessels,'' December 19, 1995.
Final Safety Evaluation for Nuclear Energy        ML101620010.
 Institute ``Topical Report Materials             ML101660468.
 Reliability Program (MRP): Technical Basis for
 Preemptive Weld Overlays for Alloy 82/182 Butt
 Welds in Pressurized Water Reactors (MRP-169)
 Revision 1-A,'' August 9, 2010.
EPRI Nuclear Safety Analysis Center Report 202L-  Available for
 2, ``Recommendations for an Effective Flow        purchase.
 Accelerated Corrosion Program,'' April 1999.
ASTM International Standard E 1921, ``Standard    Available for
 Test Method for the Determination of Reference    purchase.
 Temperature, To, for Ferritic Steels in the
 Transition Range,''.
ASME Code, Section III, NB-2330, ``Test           Available for
 Requirements and Acceptance Standards,''.         purchase.
Regulatory Guide 1.99, Revision 2, ``Radiation    ML102310298.
 Embrittlement of Reactor Vessel Materials,''.
Federal Register notice--``Approval of American   83 FR 2331.
 Society of Mechanical Engineers' Code Cases''
 dated January 17, 2018.
RG 1.193, ``ASME Code Cases Not Approved for      ML18114A227.
 Use,'' Revision 6. (DG-1344).
Draft Regulatory Analysis.......................  ML18099A054.
------------------------------------------------------------------------

Documents Proposed To Be Incorporated by Reference

    The NRC proposes to incorporate by reference three NRC RGs that 
list new and revised ASME Code Cases that the NRC has approved as 
voluntary alternatives to certain provisions of NRC-required Editions 
and Addenda of the ASME BPV Code and the ASME OM Code.

    Table IV--Draft Regulatory Guides Proposed to be Incorporated by
                       Reference in 10 CFR 50.55a
------------------------------------------------------------------------
                                                   ADAMS accession No./
                 Document title                      Federal Register
                                                         citation
------------------------------------------------------------------------
RG 1.84, ``Design, Fabrication, and Materials     ML18114A228.
 Code Case Acceptability, ASME Section III,''
 Revision 38. (DG-1345).
RG 1.147, ``Inservice Inspection Code Case        ML18114A225.
 Acceptability, ASME Section XI, Division 1,''
 Revision 19. (DG-1342).
RG 1.192, ``Operation and Maintenance Code Case   ML18114A226.
 Acceptability, ASME OM Code,'' Revision 3. (DG-
 1343).
------------------------------------------------------------------------

Code Cases for Approval in This Proposed Rule

    The ASME BPV Code Cases that the NRC is proposing to approve as 
alternatives to certain provisions of the ASME BPV Code, as set forth 
in Table V, are being made available by the ASME for read-only access 
during the public comment period on the http://go.asme.org/NRC-ASME-CC.
    The ASME OM Code Cases that the NRC is proposing to approve as 
alternatives to certain provisions of the ASME OM Code, as set forth in 
Table V, are being made available for read-only

[[Page 40701]]

access during the public comment period by the ASME on the http://go.asme.org/NRC-ASME-CC.
    The ASME is making the Code Cases listed in Table V available for 
limited, read-only access at the request of the NRC. The NRC believes 
that stakeholders need to be able to read these Code Cases in order to 
provide meaningful comment on the three RGs (listed in Table IV) that 
the NRC is proposing to incorporate by reference into Sec.  50.55a. It 
is the NRC's position that the listed Code Cases, as modified by any 
conditions contained in the three RGs and thus serving as alternatives 
to requirements in Sec.  50.55a, are legally-binding regulatory 
requirements. An applicant or licensee must comply with a listed Code 
Case and any conditions to be within the scope of the NRC's approval of 
the Code Case as a voluntary alternative for use. These requirements 
cannot be fully understood without knowledge of the Code Case to which 
the proposed condition applies, and to this end, the NRC has requested 
that ASME provide limited, read-only access to the Code Cases in order 
to facilitate meaningful public comment.

           Table V--ASME Code Cases Proposed for NRC Approval
------------------------------------------------------------------------
         Code case No.              Supplement             Title
------------------------------------------------------------------------
               Boiler and Pressure Vessel Code Section III
------------------------------------------------------------------------
N-60-6........................  11 (2010 Edition)  Material for Core
                                                    Support Structures,
                                                    Section III,
                                                    Division 1 SUPP 11.
N-71-19.......................  0 (2013 Edition).  Additional Materials
                                                    for Subsection NF,
                                                    Class 1, 2, 3, and
                                                    MC Supports
                                                    Fabricated by
                                                    Welding, Section
                                                    III, Division 1.
N-249-15......................  7 (2013 Edition).  Additional Materials
                                                    for Subsection NF,
                                                    Classes 1, 2, 3, and
                                                    MC Supports
                                                    Fabricated Without
                                                    Welding, Section
                                                    III, Division 1.
N-284-4.......................  11 (2010 Edition)  Metal Containment
                                                    Shell Buckling
                                                    Design Methods,
                                                    Class MC, TC, and SC
                                                    Construction Section
                                                    III, Divisions 1 and
                                                    3.
N-520-6.......................  1 (2013 Edition).  Alternative Rules for
                                                    Renewal of Active or
                                                    Expired N-type
                                                    Certificates for
                                                    Plants Not in Active
                                                    Construction,
                                                    Section III,
                                                    Division 1.
N-801-1.......................  11 (2010 Edition)  Rules for Repair of N-
                                                    Stamped Class 1, 2,
                                                    and 3 Components
                                                    Section III,
                                                    Division 1.
N-822-2.......................  7 (2013 Edition).  Application of the
                                                    ASME Certification
                                                    Mark Section III,
                                                    Divisions 1, 2, 3,
                                                    and 5.
N-833.........................  1 (2013 Edition).  Minimum Non-
                                                    prestressed
                                                    Reinforcement in the
                                                    Containment Base Mat
                                                    or Slab Required for
                                                    Concrete Crack
                                                    Control, Section
                                                    III, Division 2.
N-834.........................  3 (2013 Edition).  ASTM A988/A988M-11
                                                    UNS S31603,
                                                    Subsection NB, Class
                                                    1 Components,
                                                    Section III,
                                                    Division 1.
N-836.........................  3 (2013 Edition).  Heat Exchanger Tube
                                                    Mechanical Plugging,
                                                    Class 1, Section
                                                    III, Division 1.
N-841.........................  4 (2013 Edition).  Exemptions to
                                                    Mandatory Post Weld
                                                    Heat Treatment
                                                    (PWHT) of SA-738
                                                    Grade B for Class MC
                                                    Applications,
                                                    Section III,
                                                    Division 1.
N-844.........................  5 (2013 Edition).  Alternatives to the
                                                    Requirements of NB-
                                                    4250(c), Section
                                                    III, Division 1.
------------------------------------------------------------------------
               Boiler and Pressure Vessel Code Section XI
------------------------------------------------------------------------
N-513-4.......................  6 (2013 Edition).  Evaluation of
                                                    Criteria for
                                                    Temporary Acceptance
                                                    of Flaws in Moderate
                                                    Energy Class 2 or 3
                                                    Piping, Section XI,
                                                    Division 1.
N-516-4.......................  7 (2013 Edition).  Underwater Welding,
                                                    Section XI, Division
                                                    1.
N-528-1.......................  5 (1998 Edition).  Purchase, Exchange,
                                                    or Transfer of
                                                    Material Between
                                                    Nuclear Plant Sites
                                                    Section XI, Division
                                                    1.
N-597-3.......................  5 (2013 Edition).  Evaluation of Pipe
                                                    Wall Thinning,
                                                    Section XI, Division
                                                    1.
N-606-2.......................  2 (2013 Edition).  Similar and
                                                    Dissimilar Metal
                                                    Welding Using
                                                    Ambient Temperature
                                                    Machine GTAW Temper
                                                    Bead Technique for
                                                    BWR CRD Housing/Stub
                                                    Tube Repairs,
                                                    Section XI, Division
                                                    1.
N-638-7.......................  2 (2013 Edition).  Similar and
                                                    Dissimilar Metal
                                                    Welding Using
                                                    Ambient Temperature
                                                    Machine GTAW Temper
                                                    Bead Technique.
N-648-2.......................  7 (2013 Edition).  Alternative
                                                    Requirements for
                                                    Inner Radius
                                                    Examinations of
                                                    Class 1 Reactor
                                                    Vessel Nozzles,
                                                    Section XI, Division
                                                    1.
N-661-3.......................  6 (2015 Edition).  Alternative
                                                    Requirements for
                                                    Wall Thickness
                                                    Restoration of Class
                                                    2 and 3 Carbon Steel
                                                    Piping for Raw Water
                                                    Service, Section XI,
                                                    Division 1.
N-695-1.......................  0 (2015 Edition).  Qualification
                                                    Requirements for
                                                    Dissimilar Metal
                                                    Piping Welds Section
                                                    XI, Division 1.
N-696-1.......................  6 (2013 Edition).  Qualification
                                                    Requirements for
                                                    Mandatory Appendix
                                                    VIII Piping
                                                    Examination
                                                    Conducted from the
                                                    Inside Surface,
                                                    Section XI, Division
                                                    1.
N-702.........................  12 (2001 Edition)  Alternative
                                                    Requirements for
                                                    Boiling Water
                                                    Reactor (BWR) Nozzle
                                                    Inner Radius and
                                                    Nozzle-to-Shell
                                                    Welds, Section XI,
                                                    Division 1.

[[Page 40702]]

 
N-705(Errata).................  11 (2010 Edition)  Evaluation Criteria
                                                    for Temporary
                                                    Acceptance of
                                                    Degradation in
                                                    Moderate Energy
                                                    Class 2 or 3 Vessels
                                                    and Tanks, Section
                                                    XI, Division 1.
N-711-1.......................  0 (2017 Edition).  Alternative
                                                    Examination Coverage
                                                    Requirements for
                                                    Examination Category
                                                    B-F, B-J, C-F-1, C-F-
                                                    2, and R-A Piping
                                                    Welds.
N-754-1.......................  1 (2013 Edition).  Optimized Structural
                                                    Dissimilar Metal
                                                    Weld Overlay for
                                                    Mitigation of PWR
                                                    Class 1 Items,
                                                    Section XI, Division
                                                    1.
N-762-1.......................  3 (2013 Edition).  Temper Bead Procedure
                                                    Qualification
                                                    Requirements for
                                                    Repair/Replacement
                                                    Activities without
                                                    Postweld Heat
                                                    Treatment, Section
                                                    XI, Division 1.
N-766-1.......................  1 (2013 Edition).  Nickel Alloy Reactor
                                                    Coolant Inlay and
                                                    Onlay for Mitigation
                                                    of PWR Full
                                                    Penetration
                                                    Circumferential
                                                    Nickel Alloy
                                                    Dissimilar Metal
                                                    Welds in Class 1
                                                    Items, Section XI,
                                                    Division 1.
N-789-2.......................  5 (2015 Edition).  Alternative
                                                    Requirements for Pad
                                                    Reinforcement of
                                                    Class 2 and 3
                                                    Moderate Energy
                                                    Carbon Steel Piping
                                                    for Raw Water
                                                    Service.
N-823-1.......................  4 (2013 Edition).  Visual Examination
                                                    Section XI, Division
                                                    1.
N-824.........................  11 (2010 Edition)  Ultrasonic
                                                    Examination of Cast
                                                    Austenitic Piping
                                                    Welds From the
                                                    Outside Surface
                                                    Section XI, Division
                                                    1.
N-829.........................  0 (2013 Edition).  Austenitic Stainless
                                                    Steel Cladding and
                                                    Nickel Base Cladding
                                                    Using Ambient
                                                    Temperature Machine
                                                    GTAW Temper Bead
                                                    Technique, Section
                                                    XI, Division 1.
N-830.........................  7 (2013 Edition).  Direct Use of Master
                                                    Fracture Toughness
                                                    Curve for Pressure-
                                                    Retaining Materials
                                                    of Class 1 Vessels,
                                                    Section XI.
N-831.........................  0 (2017 Edition).  Ultrasonic
                                                    Examination in Lieu
                                                    of Radiography for
                                                    Welds in Ferritic
                                                    Pipe.
N-838.........................  2 (2015 Edition).  Flaw Tolerance
                                                    Evaluation of Cast
                                                    Austenitic Stainless
                                                    Steel Piping,
                                                    Section XI, Division
                                                    1.
N-839.........................  7 (2013 Edition).  Similar and
                                                    Dissimilar Metal
                                                    Welding Using
                                                    Ambient Temperature
                                                    SMAW Temper Bead
                                                    Technique Section
                                                    XI, Division 1.
N-842.........................  4 (2013 Edition).  Alternative
                                                    Inspection Program
                                                    for Longer Fuel
                                                    Cycles Section XI,
                                                    Division 1.
N-843.........................  4 (2013 Edition).  Alternative Pressure
                                                    Testing Requirements
                                                    Following Repairs or
                                                    Replacements for
                                                    Class 1 Piping
                                                    between the First
                                                    and Second Injection
                                                    Isolation Valves,
                                                    Section XI, Division
                                                    1.
N-849.........................  7 (2013 Edition).  In situ VT-3
                                                    Examination of
                                                    Removable Core
                                                    Support Structures
                                                    Without Removal,
                                                    Section XI.
N-853.........................  6 (2015 Edition).  PWR Class 1 Primary
                                                    Piping Alloy 600
                                                    Full Penetration
                                                    Branch Connection
                                                    Weld Metal Buildup
                                                    for Material
                                                    Susceptible to
                                                    Primary Water Stress
                                                    Corrosion Cracking,
                                                    Section XI, Division
                                                    1.
N-854.........................  1 (2015 Edition).  Alternative Pressure
                                                    Testing Requirements
                                                    for Class 2 and 3
                                                    Components Connected
                                                    to the Class 1
                                                    Boundary, Section
                                                    XI, Division 1.
------------------------------------------------------------------------
                                 OM Code
------------------------------------------------------------------------
Code case No.                      Edition \4\             Title
------------------------------------------------------------------------
OMN-16 Revision 2.............  2017 Edition.....  Use of a Pump Curve
                                                    for Testing.
OMN-21........................  2017 Edition.....  Alternative
                                                    Requirements for
                                                    Adjusting Hydraulic
                                                    Parameters to
                                                    Specified Reference
                                                    Points.
------------------------------------------------------------------------

List of Subjects in 10 CFR Part50

    Administrative practice and procedure, Antitrust, Classified 
information, Criminal penalties, Education, 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.
---------------------------------------------------------------------------

    \4\ The column labelled ``Edition'' in this table refers to the 
point in time a Code Case was issued. For example, an entry 
associated with the 2017 Edition means the Code Case was issued at 
the same time as the 2017 Edition of the code.

    For the reasons set forth in the preamble, and under the authority 
of the Atomic Energy Act of 1954, as amended; the Energy Reorganization 
Act of 1974, as amended; and 5 U.S.C. 553, the NRC proposes to adopt 
the following amendments to 10 CFR part 50:

PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION 
FACILITIES

0
1. The authority citation for part 50 continues to read as follows:

    Authority:  Atomic Energy Act of 1954, secs. 11, 101, 102, 103, 
104, 105, 108, 122, 147, 149, 161, 181, 182, 183, 184, 185, 186, 
187, 189, 223, 234 (42 U.S.C. 2014, 2131, 2132, 2133, 2134, 2135, 
2138, 2152, 2167, 2169, 2201, 2231, 2232, 2233, 2234, 2235, 2236, 
2237, 2239, 2273, 2282); Energy

[[Page 40703]]

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. Remove and reserve paragraphs (a)(1)(iii)(E) and (G);
0
b. Revise paragraph (a)(3) introductory text;
0
c. In paragraph (a)(3)(i), remove the phrase ``Revision 37'' and add in 
its place the phrase ``Revision 38'';
0
d. In paragraph (a)(3)(ii), remove the phrase ``Revision 18'' and add 
in its place the phrase ``Revision 19'';
0
e. In paragraph (a)(3)(iii), remove the phrase ``Revision 2'' and add 
in its place the phrase ``Revision 3'';
0
f. Remove paragraph (b)(2)(xxxvii); and
0
g. Remove and reserve paragraph (b)(3)(x).
    The revision reads as follows:


Sec.  50.55a  Codes and standards.

    (3) U.S. Nuclear Regulatory Commission (NRC) Public Document Room, 
11555 Rockville Pike, Rockville, Maryland 20852; telephone: 1-800-397-
4209; email: <a href="/cdn-cgi/l/email-protection#235347510d5146504c56514046634d51400d444c55"><span class="__cf_email__" data-cfemail="f9899d8bd78b9c8a968c8b9a9cb9978b9ad79e968f">[email protected]</span></a>; http://www.nrc.gov/reading-rm/doc-collections/reg-guides/. The use of Code Cases listed in the NRC 
regulatory guides in paragraphs (a)(3)(i) through (iii) of this section 
is acceptable with the specified conditions in those guides when 
implementing the editions and addenda of the ASME BPV Code and ASME OM 
Code incorporated by reference in paragraph (a)(1) of this section.
* * * * *

    Dated at Rockville, Maryland, this 26th day of July, 2018.

    For the Nuclear Regulatory Commission.
Michele G. Evans,
Deputy Director, Office of Nuclear Reactor Regulation.
[FR Doc. 2018-17650 Filed 8-15-18; 8:45 am]
 BILLING CODE 7590-01-P


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