23 April 1998
Source: http://www.access.gpo.gov/su_docs/aces/aaces002.html

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[Federal Register: April 23, 1998 (Volume 63, Number 78)]
[Proposed Rules]
[Page 20136-20139]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23ap98-25]

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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.

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[[Page 20136]]

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NUCLEAR REGULATORY COMMISSION

10 CFR Part 50

RIN 3150-AF96


Codes and Standards: IEEE National Consensus Standard

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing an
amendment to its regulations that would incorporate by reference IEEE
Std. 603-1991, ``Criteria for Safety Systems for Nuclear Power
Generating Stations,'' a national consensus standard for power,
instrumentation, and control portions of safety systems in nuclear
power plants. This action is necessary to endorse the latest version of
this national consensus standard in NRC's regulations.

DATES: Comments on the proposed rule must be received on or before May
26, 1998. Comments received after this date will be considered if it is
practical to consider them, but the NRC is able to ensure consideration
only for comments received on or before this date.

ADDRESSES: Mail comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001; Attention: Rulemakings and
Adjudications Staff. Hand deliver comments to 11555 Rockville Pike,
Rockville, Maryland, between 7:30 am and 4:15 pm on Federal workdays.
Copies of any comments received may be examined at the NRC Public
Document Room, 2120 L Street NW. (Lower Level), Washington, D.C.
    You may also submit comments via the NRC's interactive rulemaking
web site through the NRC Home Page (http://www.nrc.gov). From the NRC
home page, select ``Rulemaking'' from the tool bar. The interactive
rulemaking website can then be accessed by selecting ``New Rulemaking
Website.'' This site provides the availability to upload comments as
files (any format), if your web browser supports that function. For
information about the interactive rulemaking web site, contact Ms.
Carol Gallagher at 301-415-5905 (e-mail: cag@nrc.gov).

FOR FURTHER INFORMATION CONTACT: Satish K. Aggarwal, Senior Program
Manager, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001;
telephone 301-415-6005; Fax 301-415-5074; e-mail:ska@nrc.gov.

SUPPLEMENTARY INFORMATION:

Previous History

    On October 17, 1997 (62 FR 53932), NRC published a direct final
rule in the Federal Register that amended its regulations to
incorporate by reference IEEE Std. 603-1991 for power, instrumentation,
and control portions of safety systems in nuclear power plants. The
direct final rule was withdrawn on December 23, 1997 (62 FR 66977),
because the NRC received significant adverse comments in response to
the proposed rule that was issued as a companion to the direct final
rule on October 17, 1997 (62 FR 53975). The NRC has considered the
comments it received, revised the proposed rule, and is reissuing a
second proposed rule to give the public another opportunity to comment.
    This proposed rule supersedes the October 17, 1997, proposed rule.

Background

    10 CFR Part 50, ``Domestic Licensing of Production and Utilization
Facilities,'' Sec. 50.55a (h) requires that the protection systems in
nuclear power plants meet the requirements stated in IEEE Std. 279,
``Criteria for Protection Systems for Nuclear Power Generating
Stations,'' in effect on the formal docket date of the application.
However, IEEE has withdrawn IEEE Std. 279-1971 and it has now been
superseded by IEEE Std. 603-1991, ``Criteria for Safety Systems for
Nuclear Power Generating Stations.''
    In November 1995, the NRC staff issued a draft regulatory guide for
public comment, DG-1042, which was a proposed Revision 1 to Regulatory
Guide 1.153, ``Criteria for Safety Systems.'' This draft regulatory
guide proposed to endorse IEEE Std. 603-1991 (including the correction
sheet dated January 30, 1995). There were no adverse comments to DG-
1042, and Revision 1 to Regulatory Guide 1.153 was issued in June 1996,
endorsing IEEE Std. 603-1991. Because of the absence of adverse public
comments to Revision 1 to Regulatory Guide 1.153, the NRC believed that
there was general public consensus that IEEE Std. 603-1991 provides
acceptable criteria for safety systems in nuclear power plants. For
this reason, the NRC published the direct final rule without seeking
public comments on the amendment before issuing it. In view of the
significant public comments received, the NRC has reconsidered this
action (See the discussion under Previous History).

Discussion

    This proposed rule would incorporate a national consensus standard,
IEEE Std. 603-1991, into NRC regulations to establish minimal
functional and design requirements for power, instrumentation, and
control portions of safety systems for nuclear power plants. This
action would be consistent with the provisions of the National
Technology Transfer and Advancement Act of 1995, Public Law 104-113,
which encourages Federal regulatory agencies to consider adopting
industry consensus standards as an alternative to de novo agency
development of standards affecting an industry. This action would also
be consistent with the NRC policy of evaluating the latest versions of
national consensus standards in terms of their suitability for
endorsement by regulations or regulatory guides.
    Currently, 10 CFR 50.55a(h) specifies that ``protection systems''
for plants with construction permits issued after January 1, 1971, must
meet the requirements in IEEE Std. 279 in effect on the formal docket
date of the application for a construction permit.
    IEEE Std. 279-1971 states that a ``protection system'' encompasses
all electric and mechanical devices and circuitry (from sensors to
actuation device input terminals) involved in generating those signals
associated with the protective function. These signals include those
that actuate reactor trip and that, in the event of a serious reactor
accident, actuate engineered safety features (ESFs), such as
containment isolation, core spray, safety injection, pressure
reduction, and air cleaning. ``Protective function'' is defined in IEEE
Std. 279-1971 as ``the sensing of one or more variables associated with
a particular generating station condition, signal processing, and

[[Page 20137]]

the initiation and completion of the protective action at values of the
variables established in the design bases.''
    IEEE Std. 603-1991 uses the term ``safety systems'' rather than
``protection systems.'' A ``safety system'' is defined in IEEE Std.
603-1991 as ``a system that is relied upon to remain functional during
and following design basis events to ensure: (i) the integrity of the
reactor coolant pressure boundary, (ii) the capability to shut down the
reactor and maintain it in a safe shutdown condition, or (iii) the
capability to prevent or mitigate the consequences of accidents that
could result in potential off-site exposures comparable to the 10 CFR
Part 100 guidelines.'' A ``safety function'' is defined in IEEE Std.
603-1991 as ``one of the processes or conditions (for example,
emergency negative reactivity insertion, post-accident heat removal,
emergency core cooling, post-accident radioactivity removal, and
containment isolation) essential to maintain plant parameters within
acceptable limits established for a design basis event.''
    The NRC recognizes that ``protection systems'' are a subset of
``safety systems.'' Safety system is a broad-based and all-encompassing
term, embracing the protection system in addition to other electrical
systems. Thus, the term ``protection system'' is not synonymous with
the term ``safety system.'' The proposed rule would not change the
scope of the systems covered in the final safety analysis report (FSAR)
for currently operating nuclear power plants, whether or not they
intend to make system-level replacements of protection systems.
    This proposed rule would mandate the use of IEEE Std. 603-1991
(including the correction sheet dated January 30, 1995) for safety
systems for future nuclear power plants, including final design
approvals, design certifications, and combined licenses under 10 CFR
Part 52 . Current licensees may continue to meet the requirements
stated in the edition or revision of IEEE Std. 279 in effect on the
formal date of their application for a construction permit or may, at
their option, use IEEE Std. 603-1991, provided they comply with all
applicable requirements for making changes to their licensing basis.
However, system-level replacements of protection systems and addition
of new safety systems in operating nuclear power plants initiated on or
after January 1, 1999, would be required to meet the requirements in
IEEE Std. 603-1991. A ``system'' is defined as a combination of two or
more interrelated components that perform a specific safety function.
The protection systems are listed in the plant's FSAR. For example,
``neutron monitoring system'' is a protection system. The upgrade of
the average power range monitor (APRM) portion of the neutron
monitoring system to add the ability to detect and suppress potential
boiling-water reactor (BWR) instabilty may meet IEEE Std. 279 because
the modification only replaces the APRM signal processing components,
output relays, recirculation flow transmitters, and operator displays.
If this modification were to replace the neutron detectors, local power
range monitor cards, and associated power supplies, the modification
would be considered a complete replacement at a system level and must
meet IEEE Std. 603-1991. Similarly, the replacement of the source range
monitors and intermediate range monitors in a BWR with wide-range
neutron monitors must meet IEEE Std. 603-1991, because it involves the
complete replacement of the system, including sensors, preamps, signal
processors, output relays, and operator displays. Reuse of a few
existing components (e.g., selected cables, raceway, and control room
panels where the displays are mounted) as part of the system-level
replacement would still place this type of modification in the category
of a complete system-level replacement.
    IEEE Std. 603-1991 references several industry codes and standards.
Unless these referenced standards are specifically incorporated by
reference elsewhere in the NRC regulations, they do not represent the
Commission's mandatory requirements. If the referenced standard has
been endorsed in a regulatory guide, the standard constitutes a method
acceptable to the NRC of meeting a regulatory requirement as described
in the regulatory guide. If a referenced standard has not been endorsed
in a regulatory guide, the licensees and applicants may consider and
use the information in the referenced standard in a manner that is
consistent with current regulatory practices.

Significant Comments on the Direct Final Rule

    The NRC received 28 letters from the public by December 8, 1997,
commenting on the content of the direct final rule. Copies of comment
letters are available for public inspection and copying for a fee at
the NRC's Public Document Room. The major issues raised by the comments
and the NRC staff responses to these issues are as follows:
    (1) Referenced Standards.
    Issue. There are approximately 100 ``shalls'' in IEEE Std. 603-
1991, which refer to 13 other IEEE standards, 3 ANS/ANSI standards, and
1 ISA standard. This rule would require a full redesign of the plant,
if licensees are required to comply with these referenced standards.
    Response. Because the NRC did not seek for any of the other
standards referenced in IEEE Std. 603-1991 to be approved for
incorporation by reference, these standards are not mandatory
requirements, even though IEEE Std. 603-1991 invokes the referenced
standards by the use of ``shall.'' However, the NRC encourages
licensees to adopt these referenced standards voluntarily because these
newer consensus standards reflect progress and the current state of
technology. If a referenced standard has been endorsed in a regulatory
guide, the standard constitutes a method acceptable to the NRC for
meeting a regulatory requirement as described in the regulatory guide.
In many cases, the regulatory guides endorse a previous version of the
IEEE standard. These guides represent the current NRC recommended
practices. Licensees may opt to use alternate approaches if they can
provide sufficient technical bases.
    (2) Scope: Protection System vs. Safety System.
    Issue. The terms ``protection systems'' and ``safety systems'' are
not synonymous.
    Response. The NRC staff agrees that protection systems are a subset
of safety systems and thus, the terms are not synonymous. The term
protection system is defined in IEEE Std. 279-1971 (and in IEEE Std.
603-1991), and the term safety system is defined in IEEE Std. 603-1991.
The NRC staff endorses these definitions. The protection system has a
limited application; safety system is broad based and all-encompassing,
thereby embracing the protection system and other electrical systems.
This proposed rule would not change the applicable scope of the systems
for operating nuclear power plants.
    (3) Applicability of Rule.
    Issue. The rule does not explicitly state that it does not apply to
nuclear power plants with construction permits issued before January 1,
1971.
    Response. Nuclear power plants that have not been required to meet
IEEE Std. 279-1971, because their construction permit was issued before
January 1, 1971, may continue to make modifications or changes to
components and subsystems, consistent with their licensing basis and
commitments made to the NRC, or may meet the requirements stated in
IEEE Std. 603-1991. However, the proposed rule

[[Page 20138]]

would mandate the use of IEEE Std. 603-1991 for system-level
replacements of protection systems and for the addition of new safety
systems.
    (4) Changes: Components vs System Level.
    Issue. The rule would result in a dual licensing basis within a
system and would introduce significant confusion, because IEEE Std.
603-1991 was written as a system standard. Replacements of components
or subsystems should not be covered by the rule.
    Response. The proposed rule would not result in a dual licensing
basis within a system, because it would apply only to system-level
replacements of protection systems and the addition of new safety
systems. Modifications or changes to components and subsystems shall
meet the current requirements of IEEE Std. 279, when applicable, but
need not meet the requirements of IEEE Std. 603-1991.

Finding of No Environmental Impact: Availability of Environmental
Assessment

    The NRC has determined under the National Environmental Policy Act
of 1969, as amended, and the NRC's regulations in subpart A of 10 CFR
Part 51, that because this proposed rule would not be a major Federal
action significantly affecting the quality of the human environment, an
environmental impact statement is not required. The NRC has prepared an
environmental assessment supporting this finding of no significant
environmental impact.
    The NRC has sent a copy of the environmental assessment and a copy
of the Federal Register notice to every State liaison officer and
requested their comments on the environmental assessment. The
environmental assessment is available for inspection at the NRC Public
Document Room, 2120 L Street, NW., Washington, D.C. Also, the NRC has
committed itself to complying in all its actions with Presidential
Executive Order 12898, ``Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations'' (February
11, 1994). Therefore, the NRC also has determined that there are no
disproportionate, high, and adverse impacts on minority and low-income
populations. The NRC uses the following working definition of
environmental justice: Environmental justice means the fair treatment
and meaningful involvement of all people--regardless of race,
ethnicity, culture, income, or educational level--with respect to the
development, implementation, and enforcement of environmental laws,
regulations, and policies.

Paperwork Reduction Act Statement

    This proposed rule does not contain a new or amended information
collection requirement subject to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501, et seq.). Existing requirements were approved by the
Office of Management and Budget, Approval No. 3150-0011.

Public Protection Notification

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

Regulatory Analysis

    The NRC has prepared a regulatory analysis that shows the proposed
amendment does not impose any new requirements or costs on current
licensees who do not make changes to protection systems. However,
licensees planning or proposing system-level replacements of protection
systems will be affected because they will be required to meet the
requirements of IEEE Std. 603-1991 for system level replacements. This
impact would be minimal. Most changes to protection systems only change
a part of the system, and IEEE Std. 279-1971 will continue to apply.
The draft regulatory analysis is available for inspection in the NRC
Public Document Room, 2120 L Street NW., Washington, DC.

Regulatory Flexibility Certification

    As required by the Regulatory Flexibility Act of 1980 (5 U.S.C. 605
(b)), the NRC certifies that this rule, if adopted, would not have a
significant economic impact on small entities. This rule affects only
the operation of nuclear power plants. The companies that own these
plants do not fall within the scope of the definition of ``small
entities'' stated in the Regulatory Flexibility Act or the small
business size standards adopted by the NRC (10 CFR 2.810). Because
these companies are dominant in their service areas, this rule does not
fall within the purview of the act.

Backfit Analysis

    The proposed rule would require applicants and holders of new
construction permits, new operating licenses, new final design
certifications, and combined licenses to comply with IEEE Std. 603-1991
(including the correction sheet dated January 30, 1995). System-level
replacements to protection systems in existing operating plants
initiated on or after January 1, 1999, would be required to meet the
requirements of IEEE Std. 603-1991. IEEE Std. 279 will continue to
apply to those nuclear power plants required to meet IEEE Std. 279 that
do not make system-level replacements of protection systems, but the
rule permits the licensee the option of meeting IEEE Std. 603-1991.
    The backfit rule was not intended to apply to regulatory actions
that change expectations of prospective applicants and, therefore, the
backfit rule does not apply to the portion of the rule applicable to
new construction permits, new operating licenses, new final design
approvals, new design certifications, and combined licenses. This
proposed rule would not change the licensing basis (i.e., IEEE Std.
279) for plants that do not intend to make any changes to their power
and instrumentation and control systems. However, the proposed rule
would require future system-level replacements of existing power and
instrumentation and control portions of protection systems to comply
with the new standard. This would not be considered a backfit, because
the changes are voluntarily initiated by the licensee, or separately
imposed by the NRC after a separate backfit analysis. This is
consistent with past NRC practice and the discussions on backfitting in
the Value-Impact Statement prepared for Revision 1 to Regulatory Guide
1.153. A copy of the Value-Impact Statement is available for inspection
or copying for a fee in the NRC's Public Document Room at 2120 L
Street, NW., Washington, DC, under Task DG-1042.
    In summary, the NRC has determined that the backfit rule, 10 CFR
50.109, does not apply to this rule because it does not impose any
backfits as defined in 10 CFR 50.109(a)(1) and, therefore, a backfit
analysis has not been prepared for this proposed rule.

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, and Reporting and recordkeeping requirements.
    For the reasons stated in the preamble and under the authority of
the Atomic Energy Act of 1954, as amended, the Energy Reorganization
Act of 1974, as amended, the Energy Reorganization Act of 1974, as
amended, and 5 U.S.C., the NRC is proposing to adopt the following
amendment to 10 CFR Part 50.

[[Page 20139]]

PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION
FACILITIES

    1. The authority citation for Part 50 continues 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. 1244, 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).
    Section 50.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat.
2951 (42 U.S.C. 5851). 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, and 50.54
(dd), 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. In Sec. 50.55a, paragraph (h) is revised to read as follows:

Sec. 50.55a  Codes and standards.

* * * * *
    (h) Protection and safety systems. (1) IEEE Std. 603-1991,
including the correction sheet dated January 30, 1995, which are
referenced in paragraphs (h)(2) and (h)(3) of this section, is approved
for incorporation by reference by the Director of the Office of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR Part 51.
A notice of any changes made to the material incorporated by reference
will be published in the Federal Register. Copies of IEEE Std. 603-1991
may be purchased from the Institute of Electrical and Electronics
Engineers Service Center, 445 Hoes Lane, Piscataway, NJ 08855. The
standard is also available for inspection at the NRC Library, 11545
Rockville Pike, Rockville, MD; and at the Office of the Federal
Register, 800 North Capitol Street, NW., Suite 700, Washington, D.C.
IEEE Std. 279, which is referenced in paragraph (h)(2) of this section,
was approved for incorporation by reference by the Director of the
Office of the Federal Register in accordance with 5 U.S.C. 552(a) and 1
CFR Part 51. Copies of this standard are also available as indicated
for IEEE Std. 603-1991.
    (2) Protection systems. For nuclear power plants with construction
permits issued after January 1, 1971, but before January 1, 1999,
protection systems must meet the requirements stated in either IEEE
Std. 279, ``Criteria for Protection Systems for Nuclear Power
Generating Stations,'' or in IEEE Std. 603-1991, ``Criteria for Safety
Systems for Nuclear Power Generating Stations,'' and the correction
sheet dated January 30, 1995. For nuclear power plants with
construction permits issued before January 1, 1971, protection systems
must meet the requirements stated in IEEE Std. 603-1991 or be
consistent with their licensing basis. System-level replacement of
protection systems and addition of new safety systems in existing
operating nuclear power plants initiated on or after January 1, 1999,
must meet the requirements stated in IEEE Std. 603-1991 and the
correction sheet dated January 30, 1995.
    (3) Safety systems. For construction permits, operating licenses,
final design approvals, design certifications, and combined licenses
issued on or after January 1, 1999, safety systems must meet the
requirements stated in IEEE Std. 603-1991 and the correction sheet
dated January 30, 1995.

    Dated at Rockville, Maryland, this 17th day of April, 1998.

    For the Nuclear Regulatory Commission.
John C. Hoyle,
Secretary of the Commission.
[FR Doc. 98-10842 Filed 4-22-98; 8:45 am]
BILLING CODE 7590-01-P
