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[Federal Register Volume 74, Number 104 (Tuesday, June 2, 2009)]
[Proposed Rules]
[Pages 26303-26310]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12751]

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NUCLEAR REGULATORY COMMISSION

10 CFR Part 50

RIN 3150-AI37
[NRC 2009-0014]

Incorporation by Reference of Regulatory Guide 1.84, Revision 35, 
and Regulatory Guide 1.147, Revision 16, Into 10 CFR 50.55a

AGENCY: Nuclear Regulatory Commission (NRC).

ACTION: Proposed rule.

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SUMMARY: The NRC is proposing to amend its regulations to incorporate 
by reference the latest revisions of two regulatory guides (RG) that 
would approve new and revised code cases published by the American 
Society of Mechanical Engineers (ASME). These are RG 1.84, ``Design, 
Fabrication, and Materials Code Case Acceptability, ASME Section III,'' 
Revision 35, and RG 1.147, ``Inservice Inspection Code Case 
Acceptability, ASME Section XI, Division 1,'' Revision 16. This action 
would allow the use of the code cases listed in these RGs as 
alternatives to requirements in the ASME Boiler and Pressure Vessel 
(BPV) Code regarding the construction and inservice inspection (ISI) of 
nuclear power plant components. Concurrent with this action, the NRC is 
publishing a notice of the issuance and availability of the RGs in the 
Federal Register.

DATES: Submit comments by August 17, 2009. Comments received after this 
date will be considered if it is practical to do so, but the Commission 
is able to ensure consideration only of comments received on or before 
this date.

ADDRESSES: You may submit comments by any one of the following methods. 
Please include the number RN 3150-AI37 in the subject line of your 
comments. Comments submitted in writing or in electronic form will be 
made available for public inspection. Because your comments will not be 
edited to remove any identifying or contact information, the NRC 
cautions you against including any information in your submission that 
you do not want to be publicly disclosed.
    Federal e Rulemaking Portal: Go to http://www.regulations.gov and 
search for documents filed under Docket ID NRC-2009-0014. Address 
questions about NRC dockets to Carol Gallagher at 301-492-3668, e-mail 
[email protected].
    Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, Attn: Rulemakings and Adjudications Staff.
    E-mail comments to: [email protected]. If you do not 
receive a reply e-mail confirming that we have received your comments, 
contact us directly at 301-415-1677.
    Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at 
301-415-1101.
    Publicly available documents related to this rulemaking, including 
comments, may be viewed electronically on the public computers located 
at the NRC's Public Document Room (PDR), O1-F21, One White Flint North, 
11555 Rockville Pike, Rockville, Maryland 20852. The PDR reproduction 
contractor will copy documents for a fee.
    Publicly available documents created or received at the NRC after 
November 1, 1999, are available electronically at the NRC's Electronic 
Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this 
site, the public can gain entry into ADAMS, which provides text and 
image files of NRC's public documents. If you do not have access to 
ADAMS or if there are problems in accessing the documents

[[Page 26304]]

located in ADAMS, contact the PDR Reference staff at 800-397-4209, 301-
415-4737, or by e-mail to [email protected].

FOR FURTHER INFORMATION CONTACT: Manash K. Bagchi or L. M. Padovan, 
Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, telephone 301-415-2905, e-mail 
[email protected], or 301-415-1423, e-mail [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The ASME develops and publishes the ASME BPV Code, which contains 
requirements for the design, construction, and ISI of nuclear power 
plant components, and the Code for Operation and Maintenance of Nuclear 
Power Plants (OM Code), which contains requirements for inservice 
testing (IST) of nuclear power plant components. In response to BPV and 
OM Code user requests, the ASME develops ASME Code Cases which provide 
alternatives to BPV and OM Code requirements under special 
circumstances.
    The NRC approves and/or mandates the use of the ASME BPV and OM 
Code in 10 CFR 50.55a 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 above, ASME Code 
Cases, for the most part, represent alternative approaches for 
complying with provisions of the ASME BPV and OM Codes. Accordingly, 
the NRC periodically amends Sec.  50.55 to incorporate by reference NRC 
RGs listing approved ASME Code Cases which may be used as alternatives 
to the BPV Code and the OM Code. See 68 FR 40469 (July 8, 2003).
    This rulemaking is the latest in a series of rulemakings which 
incorporate by reference new versions of several RGs identifying new 
and revised \1\ ASME Code Cases which are approved for use, either 
unconditionally or with conditions. 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 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 10 CFR 50.55a. Currently, 
NRC RG 1.84, Revision 34, ``Design, Fabrication, and Materials Code 
Case Acceptability, ASME Section III;'' RG 1.147, Revision 15, 
``Inservice Inspection Code Case Acceptability, ASME Section XI, 
Division 1;'' and RG 1.192, ``Operation and Maintenance Code Case 
Acceptability, ASME OM Code,'' are incorporated into the NRC's 
regulations at 10 CFR 50.55a, Codes and standards.
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    \1\ ASME Code Cases can be categorized as one of one of two 
types: new and revised. A new Code Case provides for the first time 
an alternative to specific ASME Code provisions or addresses a new 
need. A revised Code Case is 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 regulatory guides which have been incorporated 
by reference into 10 CFR 50.55a.
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Description of NRC Approval of New and Amended ASME Code Cases

    This proposed rule would incorporate by reference the latest 
revisions of the NRC RGs that list acceptable and conditionally 
acceptable ASME BPV Code Cases. RG 1.84, Revision 35, Draft Regulatory 
Guide (DG) 1191, would supersede the incorporation by reference of 
Revision 34; and RG 1.147, Revision 16, DG 1192, would supersede the 
incorporation by reference of Revision 15. RG 1192 dated June 2003 
would not be revised because there have been no new OM Code Cases 
published by the ASME since the last NRC staff review.
    The ASME Code Cases which are the subject of this rulemaking are 
the new revised Section III and Section XI Code Cases listed in 
Supplements 2 through 11 to the 2004 BPV Code, and Supplement 0 
published with the 2007 Edition of the BPV Code (Supplement 0 also 
serves as Supplement 12 to the 2004 Edition) of the code. The NRC 
follows a three step process to determine acceptability of new and 
revised ASME Code Cases and the need for conditions on the uses of 
these Code Cases. This process was employed in the review of the ASME 
Code Cases which are the subject of this proposed rule. First, NRC 
staff actively participates with other ASME committee members with full 
involvement in discussions and technical debates in the development of 
new and revised code cases. This includes a technical justification in 
support of each new or revised code case. Second, the NRC committee 
representatives distribute the code case and technical justification to 
other cognizant NRC staff to ensure an adequate technical review. 
Finally, the proposed NRC position on each code case is reviewed and 
approved by NRC management as part of the rulemaking amending 10 CFR 
50.55a to incorporate by reference new revisions of the RGs listing the 
relevant ASME Code Cases and conditions on their use. This regulatory 
process, when considered together with the ASME's own process for 
development and approval of ASME Code Cases, provides reasonable 
assurances that the NRC approves for use only those new and revised 
ASME Code Cases (with conditions as necessary) which provide reasonable 
assurance of adequate protection to public health and safety and which 
do not have significant adverse impacts on the environment.

Code Cases Approved Unconditionally for Use

    The NRC concluded, in accordance with the process for review of 
ASME Code Cases, that each of the ASME Code Cases listed in Table 1 is 
technically adequate and consistent with current NRC regulations.

                                                     Table 1
----------------------------------------------------------------------------------------------------------------
               Code case No.                  Supplement                           Title
----------------------------------------------------------------------------------------------------------------
                                                   Section III
----------------------------------------------------------------------------------------------------------------
N-4-12.....................................            4  Special Type 403 Modified Forgings or Bars, Class and
                                                           CS, Section III, Division 1.
N-284-2....................................           12  Metal Containment Shell Buckling Design Methods, Class
                                                           MC, Section III, Division 1.
N-373-3....................................            3  Alternative postweld heat treatment (PWHT) Time at
                                                           Temperature for P-No. 5A or P-No. 5B Group 1
                                                           Material, Classes 1, 2, and 3 Section III, Division
                                                           1.
N-621-1....................................            3  Ni-Cr-Mo Alloy Unified Numbering System (UNS) N06022)
                                                           Weld Construction to 800 [deg]F, Section III,
                                                           Division 1.

[[Page 26305]]

 
N-699......................................            8  Use of Titanium Grade 2 (UNS R50400) Tube and Bar, and
                                                           Grade 1 (UNS R50250) Plate and Sheet for Class 1
                                                           Construction, Section III, Division 1.
N-725......................................            4  Design Stress Values for UNS N06690 With Minimum
                                                           Specified Yield Strength of 35 Ksi (240 Mpa), Classes
                                                           2 and 3 Components, Section III, Division 1.
N-727......................................            9  Dissimilar Welding Using Continuous Drive Friction
                                                           Welding for Reactor Vessel Control Rod Drive
                                                           Mechanism (CRDM)/Control Element Drive Mechanism
                                                           (CEDM) Nozzle to Flange/Adapter Welds, Class 1,
                                                           Section III, Division 1.
N-732......................................            5  Magnetic Particle Examination of Forgings for
                                                           Construction, Section III, Division 1.
N-736......................................            8  Use UNS S32050 Welded and Seamless Pipe and Tubing,
                                                           Forgings, and Plates Conforming to SA-249/SA-249M, SA-
                                                           479/SA-479M, and SA-240/SA-240M, and Grade CK35MN
                                                           Castings Conforming to ASTM A 743-03 for Construction
                                                           of Class 1, 2, and 3 Components, Section III,
                                                           Division 1.
N-738......................................            6  NDE of Full Penetration Butt Welds in Class 2
                                                           Supports, Section III, Division 1.
N-741......................................            7  Use of 22Cr-5Ni-3Mo-N (Alloy UNS S32205 Austenitic/
                                                           Ferritic Duplex Stainless Steel) Forgings, Plate,
                                                           Welded and Seamless Pipe Tubing, and Fittings to SA-
                                                           182, SA-240, SA-789, A 790-04a, SA-815, Classes 2 and
                                                           3, Section III, Division 1.
N-744......................................           11  Use of Metric Units Boiler and Pressure Vessel Code,
                                                           Section III, Division 1.
N-746......................................            8  Use of 46Fe-24Ni-21Cr-6Mo-Cu-N (UNS N08367) Bolting
                                                           Materials for Class 2 and 3 Components, Section III,
                                                           Division 1.
N-756......................................           12  Alternative Rules for Acceptability for Class 1
                                                           Valves, nominal pipe size (NPS) diameter nominelle
                                                           (DN 25) and Smaller with Non-Welded End Connections
                                                           Other than Flanges, Section III, Division III
N-759......................................           11  Alternative Rules for Determining Allowable External
                                                           Pressure and Compressive Stresses for Cylinders,
                                                           Cones, Spheres, and Formed Heads, Section III,
                                                           Division 1.
----------------------------------------------------------------------------------------------------------------
                                                   Section XI
----------------------------------------------------------------------------------------------------------------
N-494-4....................................            7  Pipe Specific Evaluation Procedures and Acceptance
                                                           Criteria for Flaws in Piping that Exceed the
                                                           Acceptance Standards, Section XI, Division 1.
N-496-2....................................            2  Reaffirmed Helical-Coil Threaded Inserts, Section XI,
                                                           Division 1.
N-666......................................            9  Weld Overlay of Class 1, 2, and 3 Socket Welded
                                                           Connections, Section XI, Division 1.
N-686-1....................................           12  Alternative Requirements for Visual Examinations VT-1,
                                                           VT-2, and VT-3, Section XI, Division 1.
N-705......................................           11  Evaluation Criteria for Temporary Acceptance of
                                                           Degradation in Moderate Energy Class 2 or 3 Vessels
                                                           and Tanks, Section XI, Division 1.
N-706-1....................................           12  Alternative Examination Requirements of Table IWB-2500-
                                                           1 and Table IWC-2500-1 for Pressurized Water Reactor
                                                           (PWR) Stainless Steel Residual and Regenerative Heat
                                                           Exchangers, Section XI, Division 1.
N-712......................................            2  Roll Expansion of Class 1 Control Rod Drive Bottom
                                                           Head Penetrations in Boiling Water Reactors (BWR),
                                                           Section XI, Division 1.
N-730......................................           11  Class 1 Socket Weld Examinations, Section XI, Division
                                                           1.
N-731......................................            5  Alternative Class 1 System Leakage Test Pressure
                                                           Requirements, Section XI, Division 1.
N-733......................................            6  Mitigation of Flaws in NPS 2 (DN 50) and Smaller
                                                           Nozzles and Nozzle Partial Penetration Welds in
                                                           Vessels and Piping by Use of a Mechanical Connection
                                                           Modification, Section XI, Division 1.
N-735......................................           11  Successive Inspection of Class 1 and 2 Piping Welds,
                                                           Section XI, Division 1.
N-739......................................           11  Alternative Qualification Requirements for Personnel
                                                           Performing Class CC Concrete and Post-tensioning
                                                           System Visual Examinations, Section XI, Division 1.
N-753......................................           10  Vision Tests, Section XI, Division 1.
----------------------------------------------------------------------------------------------------------------

Code Case Approved for Use With Conditions

    As a result of the NRC staff's review, the NRC determined that 
certain code cases were technically inadequate or required supplemental 
guidance. Accordingly, the NRC proposes to impose conditions upon the 
use of these code cases. These ASME Code Cases are included in DG-1191 
(RG 1.84, in Table 2, and in DG-1192 (RG-1.147) in Table 2. 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 regulatory guides.
    The NRC requests public comment on these code cases as part of this 
rulemaking. It should also be noted that the following paragraphs only 
address those code cases for which the NRC proposes to impose condition 
which are listed in the regulatory guides for the first time (e.g., 
Code Case N-532-4, which is listed in Supplement 9, has already been 
approved in Revision 15 to RG 1.147).
4.5 Section III
Code Case N-570-1 [S8]
    Type: Revised.
    Title: Alternative Rules for Linear Piping and Linear Standard 
Supports for Classes 1, 2, 3, and [Metal Cladding (MC)], Section III, 
Division 1.
    Code Case N-570-1 references American National Standards Institute 
(ANSI)/American Institute of Steel Construction (AISC) N690-1994 s1, 
``Supplement No. 1 to the Specification for the Design, Fabrication, 
and Erection of Steel Safety-Related Structures for Nuclear 
Facilities.'' However, the AISC issued Supplement 2 on October 6, 2004. 
Supplement 2 supersedes Supplement 1.
    The updated supplement (Supplement 2) is consistent with NRC 
positions and requirements for new reactor support design. Thus, the 
NRC is proposing to condition Code Case N-570-1 to require that ANSI/
AISC N690-1994 s2, ``Supplement No. 2 to the Specification for the 
Design, Fabrication, and Erection of Steel Safety-Related Structures 
for Nuclear Facilities,'' be used when this code case is implemented.

[[Page 26306]]

4.6 Section XI
Code Case N-416-4 [S1]
    Type: Revised.
    Title: Alternative Pressure Test Requirement for Welded Repairs or 
Installation of Replacement Items by Welding, Class 1, 2, and 3, 
Section XI, Division 1.
    The NRC proposes to condition Code Case N-416-4 to require that 
nondestructive examination be performed for welded or brazed repairs 
and fabrication and installation joints in accordance with the methods 
and acceptance criteria of the applicable subsection of the 1992 
Edition of Section III.
    For certain welding repairs or replacements, the previous version 
of this code case (Code Case N-416-3) permitted a system leakage test 
to be performed in lieu of performing a hydrostatic pressure test 
provided that certain requirements are met. One of the requirements was 
that nondestructive examination (NDE) be performed on welded repairs, 
fabrication, and installation joints in accordance with the methods and 
acceptance criteria of the applicable subsection of the 1992 Edition of 
Section III.
    This NDE requirement was removed when Code Case N-416-4 was issued. 
When Code Case N-416 was originally developed, the NRC agreed to the 
performance of system leakage testing in lieu of hydrostatic testing 
provided that NDE performed in conjunction with the repair met the 
requirements of the 1992 Edition of Section III. The reason for this 
stipulation is that some construction codes are less rigorous than 
others, depending on when the provisions were developed. The NRC 
believes that to justify the elimination of the NDE provision a 
hydrostatic pressure test would be required. It is the NRC's position 
that a system leakage pressure test does not provide an equivalent 
level of safety as a hydrostatic pressure test. The higher pressure of 
the hydrostatic pressure test would make any potential leakage more 
evident than if a system leakage test was performed, particularly in 
the case of smaller defects. In as much as the NRC believes that a 
hydrostatic pressure test would not be effective in this situation, the 
more rigorous NDE requirements of Section III must be performed (as is 
currently required by N-416-3).
    As discussed above, the NDE provision is contained in Code Case N-
416-3. Code Case N-416-3 was approved in Revision 14 of Regulatory 
Guide 1.147 (August 2005), which has already been implemented by 
licensees. Thus, requiring the performance of NDE after these repairs 
and replacements is not a new position and is merely the continuation 
of current practice. It should be noted that the NDE requirement was 
also removed from paragraph IWA-4540(a) of the 2003 Addenda to Section 
XI. The NRC imposed a condition similar to the one discussed above for 
Code Case N-416-3 in 10 CFR 50.55a on the use of IWA-4540(a) in the 
2003 Addendum to Section XI.
Code Case N-504-4 [S10]
    Type: Revised.
    Title: Alternate Rules for Repair of Classes 1, 2, and 3 Austenitic 
Stainless Steel Piping, Section XI, Division 1.
    Revision 3 to this code case was conditionally approved in Revision 
15 to RG 1.147 to require that Section XI, Nonmandatory Appendix Q, 
``Weld Overlay Repair of Class 1, 2, and 3 Austenitic Stainless Steel 
Piping Weldments,'' must also be met. The NRC has determined that N-
504-4 is acceptable with the same condition. Accordingly, the 
regulatory position has not changed.
Code Case N-638-4 [S11]
    Type: Revised.
    Title: Similar and Dissimilar Metal Welding Using Ambient 
Temperature Machine (GTAW) Temper Bead Technique, Section XI, Division 
1.
    The same conditions applied to the previous version of the code 
case (N-638-1) which was approved in Revision 15 to RG 1.147 (Revisions 
2 and 3 to the code case were published by the ASME between regulatory 
guide cycles). Accordingly, the NRC's position has not changed.
Code Case N-661-1 [S7]
    Type: Revised.
    Title: Alternative Requirements for Wall Thickness Restoration of 
Class 2 and 3 Carbon Steel Piping for Raw Water Service, Section XI, 
Division 1.
    With regard to Code Case N-661-1, the NRC is proposing to retain 
conditions (a) and (c) of the following three conditions that were 
imposed on Code Case N-661 in RG 1.147, Revision 15:
    (a) If the root cause of the degradation has not been determined, 
the repair is only acceptable for one cycle.
    (b) Weld overlay repair of an area can only be performed once in 
the same location.
    (c) When through-wall repairs are made by welding on surfaces that 
are wet or exposed to water, the weld overlay repair is only acceptable 
until the next refueling outage.
    Code Case N-661-1 uses the term ``one fuel cycle.'' It is unclear 
what one fuel cycle actually infers if a repair is performed in mid-
cycle. It may be interpreted that the repair is acceptable for the 
remainder of the current fuel cycle plus the subsequent fuel cycle. As 
can be seen from the conditions above, other terms such as ``one 
cycle'' have been used. To be unambiguous and ensure that a suitable 
re-inspection frequency has been established when the cause of the 
degradation is unknown or when the potential for hydrogen cracking 
exists due to the welding conditions, the term ``next refueling 
outage'' has been adopted in condition (a) rather than the term ``one 
cycle.'' There is no change needed regarding condition (c).
    With regard to condition (b) on Code Case N-661, ASME made 
technical changes to the code case to address the NRC's concerns. The 
NRC finds the changes acceptable and thus condition (b) has been 
deleted relative to the implementation of Code Case N-661-1.
Code Case N-751 [S11]
    Type: New.
    Title: Pressure Testing of Containment Penetration Piping, Section 
XI, Division 1--When a 10 CFR [Part] 50, Appendix[-]J, Type[-]C, test 
is performed as an alternative to the requirements of IWA-4540 (IWA-
4700 in the 1989 edition through the 1995 edition) during repair and 
replacement activities, nondestructive examination must be performed in 
accordance with IWA-4540(a)(2) of the 2002 Addenda of Section XI.
    The code case would allow an Appendix-J Type-C test to be performed 
as an alternative to the ASME Code requirement to pressure test piping 
that penetrates a containment vessel if the piping and isolation valves 
that are part of the containment system are Class 2 and the balance of 
the piping system is outside the scope of Section XI. However, in IWA-
4540 of the 2003 addenda and later edition and addenda of the ASME 
Code, the NDE requirement associated with the system leakage test has 
been removed. For the plants that used the ASME B31.1 Code for 
construction, there was no requirement to volumetrically examine 
certain piping components during fabrication. Section XI requires NDE 
per the construction code as part of repair/replacement activities. 
Thus, if a B31.1 plant performs a repair to certain Class 2 or Class 3 
piping, the construction code does not contain a provision for the NDE 
(as required by Section XI). Volumetric examination after repair or 
replacement is required to ensure high quality welds. A pressure test 
is only capable of determining the leak-

[[Page 26307]]

tightness of a weld at the time of the pressure test. Volumetric 
examination ensures high quality welds capable of performing their 
design function for the life of the component. Therefore, the NRC 
proposes a limitation on the use of Code Case N-751 so that when a 10 
CFR Part 50, Appendix-J, Type-C test is performed as an alternative to 
the requirements of IWA-4540 (IWA-4700 in the 1989 edition through the 
1995 edition) during repair and replacement activities, NDE must be 
performed in accordance with IWA-4540(a)(2) of the 2002 Addenda of 
Section XI.

ASME Code Cases Not Approved for Use

    ASME Code Cases which 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.'' The ASME Code Cases which are not 
approved for use include those code cases on high-temperature gas-
cooled reactors; certain requirements in Section III, Division 2, that 
are not endorsed by the NRC; liquid metal; and submerged spent fuel 
waste casks. RG 1.193 complements RGs 1.84 and 1.147. It should be 
noted that RG 1.193 is not part of this rulemaking as the NRC is not 
proposing to adopt any of the code cases listed in this RG. Also, the 
NRC is not seeking public comment on whether the NRC should approve any 
of the ASME Code Cases in RG 1.193. The RG is merely discussed as a 
matter of completeness.

Paragraph-by-Paragraph Discussion

Overall Considerations on the Use of ASME Code Cases

    This rulemaking would amend 10 CFR 50.55a to incorporate by 
reference RG 1.84, Revision 35, which would supersede Revision 34, and 
RG 1.147, Revision 16, which would supersede Revision 15. The following 
general guidance applies to the use of the ASME Code Cases approved in 
the latest versions of the regulatory guides which are incorporated by 
reference into 10 CFR 50.55a as part of this rulemaking.
    The endorsement of a code case in NRC RGs constitutes acceptance of 
its technical position for applications which are not precluded by 
regulatory or other requirements or by the recommendations in these or 
other RGs. The applicant and licensee are 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 case. 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.
    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 result. 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. Hence, when an applicant or a licensee initially 
implements a code case, 10 CFR 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 application 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 RGs, 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., 10 CFR 50.59).
    A licensee's ISI and OM IST programs must be updated every 10 years 
to the latest edition and addenda of Section XI and the OM Code, 
respectively, that were incorporated by reference to 10 CFR 50.55a and 
in effect 12 months prior to the start of the next inspection and 
testing interval. Licensees who 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. Since code cases apply to specific editions and addenda and 
since code cases may be revised because they are no longer accurate or 
adequate, licensees choosing to continue using a code case during the 
subsequent ISI interval must implement the latest version incorporated 
by reference into 10 CFR 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. If an applicant or a licensee applied a code 
case before it was listed as annulled or expired, 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/IST update interval expires, after which the continued use of the 
code case is prohibited unless NRC approval is granted under 10 CFR 
50.55a(a)(3). If a code case is incorporated by reference into 10 CFR 
50.55a and later annulled by the ASME because experience has shown that 
the design analysis, construction method, examination method, or 
testing method is inadequate; the NRC will amend 10 CFR 50.55a and the 
relevant RG to remove the approval of the annulled code case. 
Applicants and licensees should not begin to implement such annulled 
code cases in advance of the rulemaking.
    Concurrent with this action, the NRC is publishing in the Federal 
Register Notices of availability of these RGs listing acceptable ASME 
BPV Code Cases.

Paragraph 50.55a(b)

    In paragraphs (b), and (b)(4) of 10 CFR 50.55a, the reference to 
the revision number for RG 1.84 would be changed from ``Revision 34'' 
to ``Revision 35.'' In paragraph (b)(5) of 10 CFR 50.55a, the reference 
to the revision number for RG 1.147 would be changed from ``Revision 
15'' to ``Revision 16.'';

Paragraph 50.55a(f)(2), (f)(3)(iii)(A), (f)(3)(iv)(A), (f)(4)(ii), 
(g)(2), (g)(3)(i), (g)(3)(ii), (g)(4)(i), and (g)(4)(ii)

    In paragraphs (f)(2), (f)(3)(iii)(A), (f)(3)(iv)(A), (f)(4)(ii), 
(g)(2), (g)(3)(i), (g)(3)(ii), (g)(4)(i), and (g)(4)(ii) of 10 CFR 
50.55a, the reference to the revision number for RG 1.147 would be 
changed from ``Revision 15'' to ``Revision 16.''

Availability of Documents

    The NRC is making the documents identified below available to 
interested persons through one or more of the following:
    Public Document Room (PDR). The NRC PDR is located at 11555 
Rockville Pike, Public File Area O-1F21, Rockville, Maryland 20852.
    Federal e-Rulemaking Portal. The Web site is located at http://regulations.gov.
    The NRC's Public Electronic Reading Room. The NRC's public 
electronic reading room is located at http://www.nrc.gov/reading-rm.html.

[[Page 26308]]

                                                     Table 2
----------------------------------------------------------------------------------------------------------------
                   Document                         PDR         Web                  e-Reading room
----------------------------------------------------------------------------------------------------------------
Proposed Rule--Regulatory Analysis............          X           X   ML082540559
RG 1.84, Revision 35 (DG1191).................          X           X   ML080910389
RG 1.147, Revision 16 (DG1192)................          X           X   ML080910245
RG 1.193, Revision 2 (DG1193).................          X           X   ML080920854
----------------------------------------------------------------------------------------------------------------

Voluntary Consensus Standards

    The National Technology Transfer and Advancement Act of 1995, 
Public Law 104-113, requires agencies to use technical standards 
developed or adopted by voluntary consensus standards bodies unless the 
use of such standards is inconsistent with applicable law or is 
otherwise impractical. In this action, the NRC is amending its 
regulations to incorporate by reference RGs that list ASME BPV Code 
Cases approved by the NRC. ASME Code Cases, which are ASME-approved 
alternatives to the provisions of ASME Code editions and addenda, are 
national consensus standards as defined in Public Law 104-113 and OMB 
Circular A-119. They are developed by bodies whose members (including 
the NRC and utilities) have broad and varied interests.
    The NRC reviews each Section III and Section XI Code Case published 
by the ASME to ascertain whether it is consistent with the safe 
operation of nuclear power plants. Those code cases found to be 
generically acceptable are listed in the RGs that are incorporated by 
reference in 10 CFR 50.55a(b). Those that are found to be unacceptable 
are listed in RG 1.193, but licensees may still seek NRC's approval to 
apply these code cases through the relief request process permitted in 
10 CFR 50.55a(a)(3). Other code cases, which the NRC finds to be 
conditionally acceptable, are also listed in the RGs that are 
incorporated by reference along with the conditions under which they 
may be applied. If the NRC did not conditionally accept ASME code 
cases, it would disapprove these code cases entirely. The effect would 
be that licensees would need to submit a larger number of relief 
requests, which would be an unnecessary additional burden for both the 
licensee and the NRC. For these reasons, the treatment of ASME BPV and 
OM Code Cases and any conditions proposed to be placed on them in this 
proposed rule does not conflict with any policy on agency use of 
consensus standards specified in OMB Circular A-119.

Finding of No Significant Environmental Impact: Environmental 
Assessment

    This proposed action stems from the Commission's practice of 
incorporating by reference the RGs listing the most recent set of NRC-
approved ASME code cases. The purpose of this proposed action is to 
allow licensees to use the code cases listed in the RGs as alternatives 
to requirements in the ASME BPV Code for the construction and ISI of 
nuclear power plant components. This proposed action is intended to 
advance the NRC's strategic goal of ensuring adequate protection of 
public health and safety and the environment. It also demonstrates the 
agency's commitment to participate in the national consensus standards 
process under the National Technology Transfer and Advancement Act of 
1995, Public Law 104-113.
    The National Environmental Policy Act (NEPA) requires Federal 
government agencies to study the impacts of their ``major Federal 
actions significantly affecting the quality of the human environment'' 
and prepare detailed statements on the environmental impacts of the 
action and alternatives to the action (United States Code, Vol. 42, 
Section 4332(C) [42 U.S.C. Sec. 4332(C)]; NEPA Sec. 102(C)).
    The Commission has determined under NEPA, as amended, and the 
Commission's regulations in Subpart A of 10 CFR Part 51 that this 
proposed rule would not be a major Federal action significantly 
affecting the quality of the human environment. Therefore, an 
environmental impact statement is not required.
    As 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 proposed action.

Paperwork Reduction Act Statement

    This proposed rule increases the burden on licensees applying ASME 
Code Case N-730 to maintain repair records of the current control drive 
bottom head penetrations in BWRs for the life of the reactor vessel (10 
CFR 50.55a). The public burden for this information collection is 
estimated to average 5 hours per request. Because the burden for this 
information collection is insignificant, Office of Management and 
Budget (OMB) clearance is not required. Existing requirements were 
approved by the OMB approval number 3150-0011.

Public Protection Notification

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

Regulatory Analysis

    The ASME Code Cases listed in the RGs to be incorporated by 
reference provide voluntary alternatives to the provisions in the ASME 
BPV Code for design, construction, and ISI of specific structures, 
systems, and components used in nuclear power plants. Implementation of 
these code cases is not required. Licensees use NRC-approved ASME Code 
Cases to reduce unnecessary regulatory burden or gain additional 
operational flexibility. It would be difficult for the NRC to provide 
these advantages independently of the ASME Code Case publication 
process without expending considerable additional resources. The NRC 
has prepared a regulatory analysis addressing the qualitative benefits 
of the alternatives considered in this proposed rulemaking and 
comparing the costs associated with each alternative. The regulatory 
analysis is available for inspection on public computers in the NRC 
PDR, located at One White Flint North, 11555 Rockville Pike, Rockville, 
Maryland 20852, Room O-1 F21. Copies of the regulatory analysis are 
also available to the public as indicated under the Availability of 
Documents heading in this preamble.

[[Page 26309]]

Regulatory Flexibility Certification

    Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the 
Commission certifies that this proposed rule would not impose a 
significant economical impact on a substantial number of small 
entities. This proposed rule would affect only the licensing and 
operation of nuclear power plants. The companies that own these plants 
are not ``small entities'' as defined in the Regulatory Flexibility Act 
or the size standards established by the NRC (10 CFR 2.810).

Backfitting Analysis

    The provisions in this proposed rulemaking would allow licensees to 
voluntarily apply NRC-approved code cases, sometimes with conditions. 
The voluntary implementation of an approved code case would not 
constitute a backfit. Thus, the Commission finds that this proposed 
rule does not involve any provisions that constitute a backfit as 
defined in 10 CFR 50.109(a)(1) and that a backfit rule is not required. 
Accordingly, a backfit analysis has not been prepared for this 
rulemaking.

List of Subjects in 10 CFR Part 50

    Antitrust, Classified information, Criminal penalties, Fire 
protection, Incorporation by reference, Intergovernmental relations, 
Nuclear power plants and reactors, Radiation protection, Reactor siting 
criteria, Reporting and recordkeeping requirements.

    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

    1. The authority citation for Part 50 is revised to read as 
follows:

    Authority:  Secs. 102, 103, 104, 105, 161, 182, 183, 186, 189, 
68 Stat. 936, 937, 938, 948, 953, 954, 955, 956, as amended, sec. 
234, 83 Stat. 444, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 
2201, 2232, 2233, 2236, 2239, 2282); secs. 201, as amended, 202, 
206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 
5846); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note); Energy 
Policy Act of 2005, Pub. L. 109-58, 119 Stat. 194 (2005).

    Section 50.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 
2951 as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123 (42 
U.S.C. 5841), Section 50.10 also issued under secs. 101, 185, 68 
Stat. 955, as amended (42 U.S.C. 2131, 2235); sec. 102, Pub. L. 91-
190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.13, 50.54(d), and 
50.103 also issued under sec. 108, 68 Stat. 939, as amended (42 
U.S.C. 2138). Sections 50.23, 50.35, 50.55, and 50.56 also issued 
under sec. 185, 68 Stat. 955 (42 U.S.C. 2235). Sections 50.33a, 
50.55a and Appendix Q also issued under sec. 102, Pub. L. 91-190, 83 
Stat. 853 (42 U.S.C. 4332). Sections 50.34 and 50.54 also issued 
under sec. 204, 88 Stat. 1245 (42 U.S.C. 5844). Sections 50.58, 
50.91, and 50.92 also issued under Pub. L. 97-415, 96 Stat. 2073 (42 
U.S.C. 2239). Section 50.78 also issued under sec. 122, 68 Stat. 939 
(42 U.S.C. 2152). Sections 50.80-50.81 also issued under sec. 184, 
68 Stat. 954, as amended (42 U.S.C. 2234). Appendix F also issued 
under sec. 187, 68 Stat. 955 (42 U.S.C. 2237).

    2. Section 50.55a is amended by revising the introductory text of 
paragraphs (b), (b)(4), and (b)(5), and paragraphs (f)(2), 
(f)(3)(iii)(A), (f)(3)(iv)(A), (f)(4)(ii), (g)(2), (g)(3)(i), 
(g)(3)(ii), (g)(4)(i) and (g)(4)(ii) to read as follows:

Sec.  50.55a  Codes and Standards.

* * * * *
    (b) The ASME Boiler and Pressure Vessel Code and the ASME Code for 
Operation and Maintenance of Nuclear Power Plants, which are referenced 
in paragraphs (b)(1), (b)(2), and (b)(3) of this section, were approved 
for incorporation by reference by the Director of the Office of the 
Federal Register pursuant to 5 U.S.C. 552(a) and 1 CFR part 51. NRC 
Regulatory Guide 1.84, Revision 35, ``Design, Fabrication, and 
Materials Code Case Acceptability, ASME Section III'' [temporarily 
designated DG-1191]; NRC Regulatory Guide 1.147, Revision 16, 
``Inservice Inspection Code Case Acceptability, ASME Section XI, 
Division 1'' [temporarily designated DG-1192]; and Regulatory Guide 
1.192, ``Operation and Maintenance Code Case Acceptability, ASME OM 
Code,'' (June 2003), have been approved for incorporation by reference 
by the Director of the Office of the Federal Register pursuant to 5 
U.S.C. 552(a) and 1 CFR part 51. These Regulatory Guides list ASME Code 
cases that the NRC has approved in accordance with the requirements in 
paragraphs (b)(4), (b)(5), and (b)(6) of this section. Copies of the 
ASME Boiler and Pressure Vessel Code and the ASME Code for Operation 
and Maintenance of Nuclear Power Plants may be purchased from the 
American Society of Mechanical Engineers, Three Park Avenue, New York, 
NY 10016. Single copies of NRC Regulatory Guides 1.84, Revision 35; 
1.147, Revision 16; and 1.192 may be obtained free of charge by writing 
the Reproduction and Distribution Services Section, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001; or by fax to 301-415-
2289; or by e-mail to [email protected]. Copies of the ASME 
Codes and NRC Regulatory Guides incorporated by reference in this 
section may be inspected at the NRC Technical Library, Two White Flint 
North, 11545 Rockville Pike, Rockville, MD 20852-2738, or at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal register/code of federal regulations/
ibr locations.html.
* * * * *
    (4) Design, Fabrication, and Materials Code Cases. Applicants and 
licensees may apply the ASME Boiler and Pressure Vessel Code cases 
listed in NRC Regulatory Guide 1.84, Revision 35 without prior NRC 
approval subject to the following:
* * * * *
    (5) In-service Inspection Code Cases. Licensees may apply the ASME 
Boiler and Pressure Vessel Code cases listed in Regulatory Guide 1.147, 
Revision 16, without prior NRC approval subject to the following:
* * * * *
    (f) * * *
    (2) For a boiling or pressurized water-cooled nuclear power 
facility whose construction permit was issued on or after January 1, 
1971, but before July 1, 1974, pumps and valves which are classified as 
ASME Code Class 1 and Class 2 must be designed and be provided with 
access to enable the performance of inservice tests for operational 
readiness set forth in editions and addenda of Section XI of the ASME 
Boiler and Pressure Vessel Code incorporated by reference in paragraph 
(b) of this section (or the optional ASME Code cases listed in NRC 
Regulatory Guide 1.147, Revision 16; or Regulatory Guide 1.192 that are 
incorporated by reference in paragraph (b) of this section) in effect 6 
months before the date of issuance of the construction permit. The 
pumps and valves may meet the inservice test requirements set forth in 
subsequent editions of this Code and addenda which are incorporated by 
reference in paragraph (b) of this section (or the optional ASME Code 
Cases listed in NRC Regulatory Guide 1.147, Revision 16; or Regulatory 
Guide 1.192 that are incorporated by reference in paragraph (b) of this 
section), subject to the applicable limitations and modifications 
listed therein.
    (3) * * *

[[Page 26310]]

    (iii) (A) Pumps and valves, in facilities whose construction permit 
was issued before November 22, 1999, which are classified as ASME Code 
Class 1 must be designed and be provided with access to enable the 
performance of inservice testing of the pumps and valves for assessing 
operational readiness set forth in the editions and addenda of Section 
XI of the ASME Boiler and Pressure Vessel Code incorporated by 
reference in paragraph (b) of this section (or the optional ASME Code 
cases listed in NRC Regulatory Guide 1.147, Revision 16; or Regulatory 
Guide 1.192 that are incorporated by reference in paragraph (b) of this 
section) applied to the construction of the particular pump or valve or 
the Summer 1973 Addenda, whichever is later.
* * * * *
    (iv)(A) Pumps and valves, in facilities whose construction permit 
was issued before November 22, 1999, which are classified as ASME Code 
Class 2 and Class 3 must be designed and be provided with access to 
enable the performance of inservice testing of the pumps and valves for 
assessing operational readiness set forth in the editions and addenda 
of Section XI of the ASME Boiler and Pressure Vessel Code incorporated 
by reference in paragraph (b) of this section (or the optional ASME 
Code Cases listed in NRC Regulatory Guide 1.147, Revision 16, that are 
incorporated by reference in paragraph (b) of this section) applied to 
the construction of the particular pump or valve or the Summer 1973 
Addenda, whichever is later.
* * * * *
    (4) * * *
    (ii) Inservice tests to verify operational readiness of pumps and 
valves, whose function is required for safety, conducted during 
successive 120-month intervals must comply with the requirements of the 
latest edition and addenda of the Code incorporated by reference in 
paragraph (b) of this section 12 months before the start of the 120-
month interval (or the optional ASME Code cases listed in NRC 
Regulatory Guide 1.147, Revision 16; or Regulatory Guide 1.192 that are 
incorporated by reference in paragraph (b) of this section), subject to 
the conditions listed in paragraph (b) of this section.
* * * * *
    (g) * * *
    (2) For a boiling or pressurized water-cooled nuclear power 
facility whose construction permit was issued on or after January 1, 
1971, but before July 1, 1974, components (including supports) which 
are classified as ASME Code Class 1 and Class 2 must be designed and be 
provided with access to enable the performance of inservice examination 
of such components (including supports) and must meet the preservice 
examination requirements set forth in editions and addenda of Section 
XI of the ASME Boiler and Pressure Vessel Code incorporated by 
reference in paragraph (b) of this section (or the optional ASME Code 
cases listed in NRC Regulatory Guide 1.147, Revision 16, that are 
incorporated by reference in paragraph (b) of this section) in effect 6 
months before the date of issuance of the construction permit. The 
components (including supports) may meet the requirements set forth in 
subsequent editions and addenda of this Code which are incorporated by 
reference in paragraph (b) of this section (or the optional ASME Code 
cases listed in NRC Regulatory Guide 1.147, Revision 16, that are 
incorporated by reference in paragraph (b) of this section), subject to 
the applicable limitations and modifications.
    (3) * * *
    (i) Components (including supports) which are classified as ASME 
Code Class 1 must be designed and be provided with access to enable the 
performance of inservice examination of these components and must meet 
the preservice examination requirements set forth in the editions and 
addenda of Section XI of the ASME Boiler and Pressure Vessel Code 
incorporated by reference in paragraph (b) of this section (or the 
optional ASME Code cases listed in NRC Regulatory Guide 1.147, Revision 
16, that are incorporated by reference in paragraph (b) of this 
section) applied to the construction of the particular component.
    (ii) Components which are classified as ASME Code Class 2 and Class 
3 and supports for components which are classified as ASME Code Class 
1, Class 2, and Class 3 must be designed and be provided with access to 
enable the performance of inservice examination of these components and 
must meet the preservice examination requirements set forth in the 
editions and addenda of Section XI of the ASME Boiler and Pressure 
Vessel Code incorporated by reference in paragraph (b) of this section 
(or the optional ASME Code Cases listed in NRC Regulatory Guide 1.147, 
Revision 16, that are incorporated by reference in paragraph (b) of 
this section) applied to the construction of the particular component.
* * * * *
    (4) * * *
    (i) Inservice examination of components and system pressure tests 
conducted during the initial 120-month inspection interval must comply 
with the requirements in the latest edition and addenda of the Code 
incorporated by reference in paragraph (b) of this section on the date 
12 months before the date of issuance of the operating license (or the 
optional ASME Code cases listed in NRC Regulatory Guide 1.147, Revision 
16, that are incorporated by reference in paragraph (b) of this 
section, subject to the conditions listed in paragraph (b) of this 
section.
    (ii) Inservice examination of components and system pressure tests 
conducted during successive 120-month inspection intervals must comply 
with the requirements of the latest edition and addenda of the Code 
incorporated by reference in paragraph (b) of this section 12 months 
before the start of the 120-month inspection interval (or the optional 
ASME Code cases listed in NRC Regulatory Guide 1.147, Revision 16, that 
are incorporated by reference in paragraph (b) of this section), 
subject to the conditions listed in paragraph (b) of this section.
* * * * *

    Dated at Rockville, Maryland, this 12th day of May 2009.

    For the Nuclear Regulatory Commission
R.W. Borchardt,
Executive Director for Operations.
[FR Doc. E9-12751 Filed 6-1-09; 8:45 am]
BILLING CODE 7590-01-P
```