Federal Register

32934 Federal Register / Vol. 82, No.
136 / Tuesday, July 18, 2017 / Rules and Regulations
NUCLEAR REGULATORY email to pdr.resource@nrc.gov. For the delineation of the NRC’s requirements
COMMISSION convenience of the reader, instructions for the use of these codes, including
about obtaining materials referenced in conditions.
10 CFR Part 50 this document are provided in the • Incorporation by reference of
‘‘Availability of Documents’’ section. various versions of quality assurance
[NRC–2011–0088]
• NRC’s PDR: You may examine and standard NQA–1 into NRC regulations
RIN 3150–AI97 purchase copies of public documents at and approval for their use.
the NRC’s PDR, Room O1–F21, One • Incorporation by reference of six
Incorporation by Reference of White Flint North, 11555 Rockville ASME Code Cases.
American Society of Mechanical Pike, Rockville, Maryland 20852.
Engineers Codes and Code Cases C. Costs and Benefits
FOR FURTHER INFORMATION CONTACT:
The NRC prepared a regulatory
AGENCY: Nuclear Regulatory Daniel I. Doyle, Office of Nuclear
analysis (ADAMS Accession No.
Commission. Reactor Regulation, telephone: 301–
ML16130A522) to identify the costs and
ACTION: Final rule. 415–3748, email: Daniel.Doyle@nrc.gov;
benefits associated with this final rule.
or Keith Hoffman, Office of Nuclear
SUMMARY: The U.S. Nuclear Regulatory The regulatory analysis prepared for this
Reactor Regulation, telephone: 301–
Commission (NRC) is amending its rulemaking was used to determine if the
415–1294, email: Keith.Hoffman@
regulations to incorporate by reference rule is cost-effective, overall, and to
nrc.gov. Both are staff of the U.S.
recent editions and addenda to the help the NRC evaluate potentially costly
Nuclear Regulatory Commission,
American Society of Mechanical conditions placed on specific provisions
Washington, DC 20555–0001.
Engineers (ASME) Codes for nuclear of the ASME Codes and Code Cases
SUPPLEMENTARY INFORMATION:
power plants and a standard for quality which are the subject of this
assurance. The NRC is also Executive Summary rulemaking. Therefore, the regulatory
incorporating by reference six ASME analysis focuses on the marginal
A. Need for the Regulatory Action difference in benefits and costs for each
Code Cases. This action is in accordance
with the NRC’s policy to periodically The NRC is amending its regulations provision of this final rule relative to the
update the regulations to incorporate by to incorporate by reference recent ‘‘no action’’ baseline alternative. The
reference new editions and addenda of editions and addenda to the ASME regulatory analysis identified costs and
the ASME Codes and is intended to Codes for nuclear power plants and an benefits in a quantitative fashion as well
maintain the safety of nuclear power ASME standard for quality assurance. as in a qualitative fashion. An
plants and to make NRC activities more The NRC is also incorporating by uncertainty analysis was performed to
effective and efficient. reference six ASME Code Cases. evaluate the effects of uncertainties in
This final rule is the latest in a series the quantitative estimation of both costs
DATES: This final rule is effective on of rulemakings to amend the NRC’s and benefits, and this analysis showed
August 17, 2017. The incorporation by regulations to incorporate by reference the rule alternative is cost effective with
reference of certain publications listed revised and updated ASME Codes for over 99 percent certainty. The standard
in the regulation is approved by the nuclear power plants. The ASME is a deviation of the cost estimate net benefit
Director of the Federal Register as of voluntary consensus standards body, is $4.1 million.
August 17, 2017. and the ASME Codes are voluntary
ADDRESSES: Please refer to Docket ID consensus standards. The ASME TABLE 1—COST-BENEFIT SUMMARY
NRC–2011–0088 when contacting the periodically revises and updates its
NRC about the availability of codes for nuclear power plants by Alternative 2—
information for this action. You may issuing new editions and addenda. The the rule
obtain publicly-available information alternative
NRC’s use of the ASME Codes is net benefits
related to this action by any of the consistent with applicable requirements Objective (costs)
following methods: of the National Technology Transfer and (million) (Net
• Federal Rulemaking Web site: Go to Advancement Act (NTTAA). This present value,
http://www.regulations.gov and search 7% discount
rulemaking is in accordance with the rate)
for Docket ID NRC–2011–0088. Address NRC’s policy to update the regulations
questions about NRC dockets to Carol to incorporate by reference those new Industry ................................. $11.5
Gallagher; telephone: 301–415–3463; editions and addenda. The NRC ...................................... 3.28
email: Carol.Gallagher@nrc.gov. For incorporation by reference of the new Net benefit ............................ 14.7
technical questions, contact the editions and addenda will maintain the
individuals listed in the FOR FURTHER safety of nuclear power plants, make Table 1 summarizes the costs and
INFORMATION CONTACT section of this NRC activities more effective and benefits for the alternative of proceeding
document. efficient, and allow nuclear power plant with the final rule (Alternative 2) and
• NRC’s Agencywide Documents licensees and applicants to take shows that the final rule is
Access and Management System advantage of the latest ASME Codes. quantitatively cost-beneficial with a net
(ADAMS): You may obtain publicly- Additional discussion of voluntary benefit of $14.7 million to both the
available documents online in the consensus standards and the NRC’s industry and the NRC when compared
ADAMS Public Documents collection at compliance with the NTTAA is set forth to the regulatory baseline (Alternative
http://www.nrc.gov/reading-rm/ in Section XIV of this document, 1). The regulatory analysis shows that
sradovich on DSK3GMQ082PROD with RULES2
adams.html. To begin the search, select ‘‘Voluntary Consensus Standards.’’ implementing the final rule is
‘‘ADAMS Public Documents’’ and then quantitatively cost-effective and an
select ‘‘Begin Web-based ADAMS B. Major Provisions efficient use of NRC and Industry
Search.’’ For problems with ADAMS, Major provisions of this final rule resources. Uncertainty analysis shows a
please contact the NRC’s Public include: standard deviation of $4.08 million,
Document Room (PDR) reference staff at • Incorporation by reference of ASME resulting in a net benefit range of $8.19
1–800–397–4209, 301–415–4737, or by Codes into the NRC’s regulations and million to $21.6 million. Because the
VerDate Sep<11>2014 17:52 Jul 17, 2017 Jkt 241001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\18JYR2.SGM 18JYR2
Federal Register / Vol. 82, No. 136 / Tuesday, July 18, 2017 / Rules and Regulations 32935
rulemaking alternative is cost-effective, I. Background addenda to, the ASME Codes does not
the rulemaking approach is The ASME develops and publishes mean that there is unanimity on every
recommended. the ASME Boiler and Pressure Vessel provision in the ASME Codes. There
There are several benefits associated Code (BPV Code), which contains may be disagreement among the
with this final rule. The new motor- requirements for the design, technical experts, including NRC
operated valve (MOV) provisions in this construction, and inservice inspection representatives, on the ASME Code
final rule result in over $25 million in (ISI) of nuclear power plant committees and subcommittees,
averted costs (7-percent net present components; and the OM Code,1 which regarding the acceptability or
value) due to the removal of quarterly contains requirements for inservice desirability of a particular Code
testing requirements and replacing those testing (IST) of nuclear power plant provision included in an ASME-
requirements with less frequent components. Until 2012, the ASME approved Code edition or addenda. If
diagnostic and biannual testing issued new editions of the ASME BPV the NRC believes that there is a
requirements. Additionally, the Code every 3 years and addenda to the significant technical or regulatory
provisions in this final rule will result editions annually, except in years when concern with a provision in an ASME-
in averted costs to the NRC and the a new edition was issued. Similarly, the approved Code edition or addenda
industry from relief requests for the ASME periodically published new being considered for incorporation by
code cases in this final rule, in editions and addenda of the OM Code. reference, then the NRC will condition
particular the ASME OMN–20 Code Starting in 2012, the ASME decided to the use of that provision when it
Case Time Period Extension provision, issue editions of its BPV and OM Codes incorporates by reference that ASME
in excess of $5.1 million (7-percent net (no addenda) every 2 years. The new Code edition or addenda. In some cases,
present value). editions and addenda typically revise the condition increases the level of
Qualitative factors which were provisions of the ASME BPV and OM safety afforded by the ASME Code
considered include regulatory stability Codes (ASME Codes) to broaden their provision or addresses a regulatory issue
and predictability, regulatory efficiency, applicability, add specific elements to not considered by the ASME. In other
and consistency with the NTTAA. Table current provisions, delete specific instances, where research data or
50 in the regulatory analysis includes a provisions, and/or clarify them to experience has shown that certain Code
discussion of the costs and benefits that narrow the applicability of the provisions are unnecessarily
were considered qualitatively. provision. The revisions to the editions conservative, the condition may provide
Considering non-quantified costs and and addenda of the ASME Codes do not that the Code provision need not be
benefits, the regulatory analysis shows significantly change philosophy or complied with in some or all respects.
that the rulemaking is justified because approach. The NRC’s conditions are included in
the number and significance of the non- It has been the NRC’s practice to § 50.55a, typically in paragraph (b) of
quantified benefits outweigh the non- establish requirements for the design, that regulation. In a Staff Requirements
quantified costs. Certainly, if the construction, operation, ISI Memorandum (SRM) dated September
qualitative benefits (including the safety examination, and IST of nuclear power 10, 1999, the Commission indicated that
benefit, regulatory efficiency, and other plants by approving the use of editions NRC rulemakings adopting
nonquantified benefits) are considered and addenda of the ASME Codes in (incorporating by reference) a voluntary
together with the quantified benefits, § 50.55a of title 10 of the Code of consensus standard must identify and
then the benefits would outweigh the Federal Regulations (10 CFR), ‘‘Codes justify each part of the standard that is
identified quantitative and qualitative and standards.’’ The NRC approves and/ not adopted. For this rulemaking, the
impacts. Therefore, integrating both or mandates the use of certain parts of provisions of the 2009 Addenda, 2010
quantified and non-quantified costs and editions and addenda of these ASME Edition, 2011 Addenda, and 2013
benefits, the benefits of the final rule Codes in § 50.55a through the Edition of Section III, Division 1; and
outweigh the identified quantitative and rulemaking process of ‘‘incorporation by the 2009 Addenda, 2010 Edition, 2011
qualitative impacts attributable to the reference.’’ Upon incorporation by Addenda, and 2013 Edition of Section
final rule. reference of the ASME Codes into XI, Division 1, of the ASME BPV Code;
Table of Contents § 50.55a, the provisions of the ASME and the 2009 Edition, 2011 Addenda,
Codes are legally-binding NRC and 2012 Edition of the OM Code that
I. Background the NRC is not adopting, or partially
requirements as delineated in § 50.55a
II. Discussion
and subject to the conditions on certain adopting, are identified in the
A. ASME BPV Code, Section III
B. ASME BPV Code, Section XI specific ASME Code provisions that are Discussion, Regulatory Analysis, and
C. OM Code set forth in § 50.55a. The editions and Backfitting and Issue Finality sections of
D. ASME Code Cases addenda of the ASME BPV and OM this document. The provisions of those
III. Opportunities for Public Participation Codes were last incorporated by specific editions and addenda and Code
IV. NRC Responses to Public Comments reference into the regulations in a final Cases that are the subject of this
V. Section-by-Section Analysis rule dated June 21, 2011 (76 FR 36232), rulemaking that the NRC finds to be
VI. Generic Aging Lessons Learned Report conditionally acceptable, together with
VII. Regulatory Flexibility Certification subject to the NRC’s conditions.
VIII. Regulatory Analysis The ASME Codes are consensus the applicable conditions, are also
IX. Backfitting and Issue Finality standards developed by participants identified in the Discussion, Regulatory
X. Plain Writing with broad and varied interests, Analysis, and Backfitting and Issue
XI. Finding of No Significant Impact: including the NRC and licensees of Finality sections of this document.
Environmental Assessment nuclear power plants. The ASME’s The ASME Codes are voluntary
XII. Paperwork Reduction Act Statement adoption of new editions of, and consensus standards, and the NRC’s
XIII. Congressional Review Act
XIV. Voluntary Consensus Standards
incorporation by reference of these
1 The editions and addenda of the ASME Code for
XV. Incorporation by Reference—Reasonable Codes is consistent with applicable
Operation and Maintenance of Nuclear Power
Availability to Interested Parties Plants have had different titles from 2005 to 2012
requirements of the NTTAA. Additional
XVI. Availability of Guidance and are referred to collectively in this rule as the discussion on NRC’s compliance with
XVII. Availability of Documents ‘‘OM Code.’’ the NTTAA is set forth in Section XIV
32936 Federal Register / Vol. 82, No. 136 / Tuesday, July 18, 2017 / Rules and Regulations
of this document, ‘‘Voluntary Consensus The NRC is amending its regulations The current regulations in
Standards.’’ to incorporate by reference: § 50.55a(a)(1)(ii) incorporate by
This final rule reflects the NRC’s • The 2009 Addenda, 2010 Edition, reference ASME BPV Code, Section XI,
redesignation of paragraphs within 2011 Addenda, and 2013 Edition of the 1970 Edition through the 1976 Winter
§ 50.55a set forth in a final rule dated ASME BPV Code, Section III, Division 1 Addenda; and the 1977 Edition
November 5, 2014 (79 FR 65776), as and Section XI, Division 1, with (Division 1) through the 2008 Addenda
corrected on December 11, 2014 (79 FR conditions on their use. (Division 1), subject to the existing
73461). The re-designation of • The 2009 Edition, the 2011 conditions in § 50.55a(b)(2)(i) through
paragraphs was needed to address the Addenda, and the 2012 Edition of (xxix). This amendment revises
Office of the Federal Register’s Division 1 of the OM Code, with § 50.55a(a)(1)(ii) to incorporate by
requirements in 1 CFR part 51 for conditions on their use. reference the 2009 Addenda (Division 1)
incorporation by reference. For • ASME Standard NQA–1, ‘‘Quality through the 2013 Edition (Division 1) of
additional information on the November Assurance Requirements for Nuclear the ASME BPV Code, Section XI. It also
2014 final rule, please consult the Facility Applications,’’ including clarifies the wording and adds, removes,
statement of considerations (preamble) several editions and addenda to NQA– or revises some of the conditions as
for that final rule. 1 from previous years with slightly explained in this document.
varying titles as identified in The NRC is revising § 50.55a(a)(1)(iv)
II. Discussion to incorporate by reference the 2009
§ 50.55a(a)(1)(v). More specifically, the
The NRC regulations incorporate by NRC is incorporating by reference the Edition, 2011 Addenda, and 2012
reference ASME Codes for nuclear 1983 Edition through the 1994 Edition, Edition of Division 1 of the OM Code.
power plants. The ASME periodically the 2008 Edition, and the 2009–1a Based on this revision, the NRC
revises and updates its codes for nuclear Addenda to the 2008 Edition of ASME regulations will incorporate by reference
power plants. This final rule is the latest NQA–1, with conditions on their use. in § 50.55a the 1995 Edition through the
in a series of rulemakings to amend the • ASME BPV Code Case N–513–3, 2012 Edition of the OM Code.
The NRC reviewed changes to the
NRC’s regulations to incorporate by ‘‘Evaluation Criteria for Temporary
Codes in the editions and addenda of
reference revised and updated ASME Acceptance of Flaws in Moderate
the Codes identified in this rulemaking,
Codes for nuclear power plants. The Energy Class 2 or 3 Piping Section XI,
and published a proposed rule in the
proposed rule which led to this final Division 1,’’ Mandatory Appendix I,
Federal Register setting forth the NRC’s
rule was published on September 18, ‘‘Relations for Fm, Fb, and F for Through-
proposal to incorporate by reference the
2015 (80 FR 56820). This rulemaking is Wall Flaws,’’ Approval Date: January 26,
ASME Codes, together with proposed
intended to maintain the safety of 2009. This Code Case has already been conditions on their use (80 FR 56820;
nuclear power plants and make NRC approved for use by the NRC in September 18, 2015). After
activities more effective and efficient. Regulatory Guide (RG) 1.147 (75 FR consideration of the public comments
The NRC follows a three-step process 61321; October 5, 2010), but is now received on the proposed rule (public
to determine acceptability of new being incorporated by reference in order comments are discussed in Section IV of
provisions in new editions and addenda to adopt a condition on Nonmandatory this document, ‘‘NRC Responses to
to the Codes and the need for conditions Appendix U, which requires the use of Public Comments’’), the NRC concludes,
on the uses of these Codes. This process this Code Case appendix. in accordance with the process for
was employed in the review of the • ASME BPV Code Case N–729–4, review of changes to the Codes, that
Codes that are the subject of this rule. ‘‘Alternative Examination Requirements each of the editions and addenda of the
First, the NRC staff actively participates for PWR Reactor Vessel Upper Heads Codes, and the 2008 Edition and the
with other ASME committee members With Nozzles Having Pressure-Retaining 2009–1a Addenda of NQA–1, are
with full involvement in discussions Partial-Penetration Welds Section XI, technically adequate, consistent with
and technical debates in the Division 1,’’ ASME approval date: June current NRC regulations, and approved
development of new and revised Codes. 22, 2012, with conditions on its use. for use with specified conditions set
This includes a technical justification of • ASME BPV Code Case N–770–2, forth in this final rule. Each of the NRC
each new or revised Code. Second, the ‘‘Alternative Examination Requirements conditions and the reasons for each
NRC committee representatives discuss and Acceptance Standards for Class 1 condition are discussed in the following
the Codes and technical justifications PWR Piping and Vessel Nozzle Butt sections. The discussions are organized
with other cognizant NRC staff to ensure Welds Fabricated with UNS N06082 or under the applicable ASME Code and
an adequate technical review. Third, the UNS W86182 Weld Filler Material With Section.
NRC position on each Code is reviewed or Without Application of Listed There is not a separate heading for
and approved by NRC management as Mitigation Activities, Section XI, ASME quality assurance standard NQA–
part of the rule amending § 50.55a to Division 1,’’ ASME approval date: June 1 because there are three separate
incorporate by reference new editions 9, 2011, with conditions on its use. discussions of NQA–1—one under the
and addenda of the ASME Codes and • ASME BPV Code Case N–824, heading for ASME BPV Code, Section
conditions on their use. This regulatory ‘‘Ultrasonic Examination of Cast III, one under the heading for ASME
process, when considered together with Austenitic Piping Welds From the BPV Code, Section XI, and one under
the ASME’s own process for developing Outside Surface Section XI, Division 1,’’ the heading for OM Code—because
and approving the ASME Codes, ASME approval date: October 16, 2012. there are three conditions related to
provides reasonable assurance that the • ASME BPV Code Case N–852, NQA–1, one in each of those areas
NRC approves for use only those new ‘‘Application of the ASME NPT Stamp, (§ 50.55a(b)(1)(iv) for Section III,
and revised Code edition and addenda, Section III, Division 1; Section III, § 50.55a(b)(2)(x) for Section XI, and
with conditions as necessary, that Division 2; Section III, Division 3; § 50.55a(b)(3)(i) for the OM Code). In
provide reasonable assurance of Section III, Division 5,’’ Approval Date: addition, administrative and editorial
adequate protection to public health and February 9, 2015. changes to various paragraphs of
safety, and that do not have significant • OM Code Case OMN–20, ‘‘Inservice § 50.55a are being adopted for accuracy,
adverse impacts on the environment. Test Frequency.’’ clarity, consistency, and general
administrative convenience. These from the 1989 Addenda through the Fuel Reprocessing Plants,’’ or is less
editorial changes are not further 2013 Edition, so in this final rule the stringent than the comparable appendix
discussed in this heading, but are NRC clearly identifies the prohibited B requirement govern the applicant’s or
described in Section V of this code provisions in the editions and licensee’s Section III activities. The
document, ‘‘Section-by-Section addenda in a tabular format. clarification is consistent with
Analysis.’’ As an editorial matter, this final rule § 50.55a(b)(2)(x) and (b)(3)(i). The NQA–
Four of the six ASME Code Cases identifies the prohibited ASME BPV 1 provides the ASME’s method for
being incorporated by reference in this Code provisions as ‘‘notes,’’ which is establishing and implementing a quality
rulemaking (N–729–4, N–770–2, N–824, the term used by the ASME, rather than assurance (QA) program for the design
and OMN–20) are discussed in Section ‘‘footnotes.’’ The NRC is using the and construction of nuclear power
II.D of this document, ‘‘ASME Code terminology used by the ASME for plants and fuel reprocessing plants.
Cases.’’ A fifth ASME Code Case, N– clarity. However, NQA–1, as modified and
852, is discussed in Section II.A, 10 CFR 50.55a(b)(1)(iv) Section III supplemented in NCA–4120(b) and
‘‘ASME BPV Code, Section III,’’ because Condition: Quality Assurance NCA–4134, does not address some of
the NRC’s approval of that Code Case the requirements of appendix B to 10
relates to a provision of Section III, The NRC is approving for use the CFR part 50. In some cases, the
which is addressed in § 50.55a(b)(1)(ix). version of NQA–1 referenced in the provisions of NQA–1 are less stringent
The sixth ASME Code Case, N–513–3, is 2010 Edition, 2011 Addenda, and 2013 than the comparable appendix B
discussed in Section II.B, ‘‘ASME BPV Edition of the ASME BPV Code, Section requirements. Therefore, in order to
Code, Section XI,’’ because the NRC’s III, Subsection NCA, Article 7000, meet the requirements of appendix B, an
approval of that Code Case relates to a which this rule is also incorporating by applicant’s or licensee’s QA program
provision of Section XI, which is reference. This allows applicants and description must contain commitments
addressed in § 50.55a(b)(2)(xxxiv). licensees to use the 2008 Edition and addressing those provisions of appendix
the 2009–1a Addenda of NQA–1 when B which are not covered by NQA–1, as
A. ASME BPV Code, Section III using the 2010 and later editions and well as provisions that supplement or
addenda of Section III. replace the NQA–1 provisions where
10 CFR 50.55a(a)(1)(i) ASME Boiler and
In the 2010 Edition of ASME BPV the appendix B requirement is more
Pressure Vessel Code, Section III Code, Section III, Subsection NCA, stringent.
The NRC is clarifying that Section III Article NCA–4000, ‘‘Quality Finally, the NRC is removing the
Nonmandatory Appendices are not Assurance,’’ was updated to require N- reference in § 50.55a(b)(1)(iv) to
incorporated by reference. This Type Certificate Holders to comply with versions of NQA–1 older than the 1994
language was originally added in a final the requirements of Part 1 of the 2008 Edition because the NRC did not receive
rule published on June 21, 2011 (76 FR Edition and the 2009–1a Addenda of any adverse comments from any
36232); however, it was omitted from ASME Standard NQA–1, ‘‘Quality applicant or licensee about removing
the final rule published on November 5, Assurance Requirements for Nuclear versions of NQA–1 older than the 1994
2014 (79 FR 65776). The NRC is Facility Applications,’’ as modified and Edition from the regulation. The NRC
correcting the omission by inserting the supplemented in NCA–4120(b) and received only one comment regarding
parenthetical clause ‘‘(excluding NCA–4134. In addition, NCA–4110(b) NQA–1. The comment expressed
Nonmandatory Appendices)’’ in was revised to remove the reference to support for incorporation by reference
§ 50.55a(a)(1)(i). a specific edition and addenda of ASME of NQA–1 and did not respond to the
NQA–1, and Table NCA–7100–2, NRC’s request for comment regarding
10 CFR 50.55a(b)(1)(ii) Section III ‘‘Standards and Specifications
Condition: Weld Leg Dimensions the removal of references to older
Referenced in Division 1,’’ was updated versions of NQA–1.
The NRC is identifying prohibited to require the 2008 Edition and 2009–
subparagraphs and notes for each ASME 1a Addenda of NQA–1 when using the 10 CFR 50.55a(b)(1)(vii) Section III
BPV Code edition and addenda in 2010 Edition of Section III. In light of Condition: Capacity Certification and
tabular form as opposed to the narrative these changes, the NRC reviewed the Demonstration of Function of
form of the existing regulation. No 2008 Edition and the 2009–1a Addenda Incompressible-Fluid Pressure-Relief
substantive change to the requirements of NQA–1 and compared it to Valves
is intended by this revision. The NRC previously approved versions of NQA– The NRC is revising § 50.55a(b)(1)(vii)
believes that presenting the information 1 and found that there were no so that the existing condition
in tabular form will increase the clarity significant differences. In addition, the prohibiting the use of paragraph NB–
and understandability of the regulation. NRC reviewed the changes to 7742(a)(2) of the 2006 Addenda through
The existing condition in Subsection NCA that reference the 2008 the 2007 Edition, up to and including
§ 50.55a(b)(1)(ii) prohibits, for welds Edition and 2009–1a Addenda of NQA– the 2008 Addenda, is extended to
with leg sizes less than 1.09 tn, the use 1, compared them to previously include the editions and addenda up to
of certain Code provisions in ASME approved versions of Subsection NCA, the 2013 Edition, which are the subject
BPV Code, Section III, Division 1. The and found that there were no significant of this rulemaking.
Code provisions provide stress indices differences. Therefore, the NRC has
for welded joints used in the design of concluded that these editions and 10 CFR 50.55a(b)(1)(viii) Section III
Class 2 and Class 3 piping. The use of addenda of NQA–1 are acceptable for Condition: Use of ASME Certification
these indices is prohibited for welds use. Marks
with leg sizes less than 1.09 tn, where tn The NRC is revising § 50.55a(b)(1)(iv) The NRC is adding § 50.55a(b)(1)(viii)
is the nominal pipe thickness because to clarify that an applicant’s or to allow licensees to use either the
this would result in a weld that would licensee’s commitments addressing ASME BPV Code Symbol Stamps of
be weaker than the pipe to which it is those areas where NQA–1 either does editions and addenda earlier than the
adjoined under these dimensions. The not address a requirement in appendix 2011 Addenda to the 2010 Edition of the
location of the prohibited provisions B to 10 CFR part 50, ‘‘Quality Assurance ASME BPV Code or the ASME
vary in the Code editions and addenda Criteria for Nuclear Power Plants and Certification Marks with the appropriate
certification designators and class Mark with code-specific designators are Authorized Nuclear Inspector and
designators as specified in the 2013 equivalent with respect to their provides the same level of quality
Edition through the latest edition and certification of compliance with the assurance. The NRC also notes that the
addenda incorporated by reference in BPV Code. The NRC discussed this same administrative and technical
§ 50.55a. issue in Regulatory Issue Summary requirements in the ASME Code still
The ASME BPV Code requires, in 2013–07, ‘‘NRC Staff Position on the apply whether an ASME NPT Code
certain instances, that components be Use of American Society of Mechanical Symbol Stamp with the letters arranged
stamped. The stamp signifies that the Engineers Certification Mark,’’ dated horizontally or an ‘‘N over PT’’ ASME
component has been designed, May 28, 2013. NPT Code Symbol Stamp is applied.
fabricated, examined and tested, as
10 CFR 50.55a(b)(1)(ix) Section III However, since this NPT Code Symbol
specified in the ASME BPV Code. The
stamp also signifies that the required Condition: NPT Code Symbol Stamps Stamp having the NPT letters arranged
ASME BPV Code data report forms have The NRC is adding § 50.55a(b)(1)(ix) horizontally will only be applied onto
been completed, and the authorized to allow licensees to use the NPT Code fabricated components from the time
inspector has inspected the item and Symbol Stamp with the letters arranged period of January 1, 2005, through
authorized the application of the ASME horizontally as specified in ASME BPV December 31, 2015, the time period for
BPV Code Symbol Stamp. Code Case N–852 for the service life of when this NPT Code Symbol Stamp was
The ASME has instituted changes in a component that had the NPT Code applied to the component should be
the BPV Code to consolidate the Symbol Stamp applied during the time limited to these dates to prevent
different ASME BPV Code Symbol period from January 1, 2005, through inadvertent fraudulent material.
Stamps into a common ASME December 31, 2015. Therefore, the NRC agrees that the
Certification Mark. This action was Public comments on the use of the ASME BPV Code Case N–852 is
implemented in the 2011 Addenda to NPT Code Symbol requested that the acceptable for the service life of the
the 2010 Edition of the ASME BPV NRC accept the NPT Code Symbol component that had the NPT Code
Code. As of the end of 2012, ASME no Stamp having the NPT letters arranged Symbol stamp applied from the time
longer utilizes the ASME BPV Code horizontally as an acceptable NPT
period of January 1, 2005, through
Symbol Stamp. Licensees, however, Stamp to certify Code compliance for
December 31, 2015. In response to this
may not have updated to the edition or fabricated items that have already been
stamped prior to receiving a comment, the NRC added
addenda that identifies the use of the
replacement NPT Code Symbol Stamp § 50.55a(b)(1)(ix) to include a statement
ASME Certification Mark. Nevertheless,
licensees are legally required to from the ASME. The comments that licensees may use the NPT Code
implement the ASME BPV Code Edition requested that the NRC include Symbol Stamp with the letters arranged
and Addenda identified as their current acceptance of Code Case N–852 in this horizontally as specified in ASME BPV
code of record. As ASME components final rule for this purpose. Within the Code Case N–852 for the service life of
are procured, these components may be context of its Code rules, ASME asserts a component that had the NPT Code
received with the ASME Certification that the NPT Code Symbol Stamp Symbol Stamp applied during the time
Mark, while the licensee’s current code having the NPT letters arranged period from January 1, 2005, through
of record may require the component to horizontally, although differing slightly December 31, 2015. The NRC is
have the ASME BPV Code Symbol in appearance from the NPT Code incorporating by reference ASME BPV
Stamp. Installation of a component Symbol Stamp as illustrated in Section Code Case N–852 in § 50.55a(a)(1)(iii)(F)
under such circumstances would not be III, Table NCA–8100–1 of the ASME because it is referenced in
in compliance with the regulations that BPV Code, 2010 Edition and earlier § 50.55a(b)(1)(ix).
the licensees are required to meet. editions and addenda, serves the same
purpose of certifying Code compliance Although the proposed rule did not
Both the ASME Certification Mark
and the ASME BPV Code Symbol Stamp by the ASME NPT Certificate Holder include this Code Case, the NRC has
are official ASME methods of certifying with confirmation by the Authorized determined that the incorporation by
compliance with the Code. Although Nuclear Inspector and provides the reference of this Code Case at the final
these ASME Certification Marks differ same level of quality assurance. In rule stage is a logical outgrowth of the
slightly in appearance, they serve the addition, ASME indicated that on or proposed rule. The NRC’s intent to
same purpose of certifying code after January 1, 2016, the ASME will no ensure that § 50.55a identify all ASME-
compliance by the ASME Certificate longer authorize use of the NPT Code approved methods for labelling Code
Holder and continue to provide for the Symbol Stamp having the NPT letters components is apparent from the
same level of quality assurance for the arranged horizontally. Accordingly, on statement of considerations for the
application of the ASME Certification or after January 1, 2016, fabricated items proposed rule. See 80 FR 56820
Mark as was required for the application will only be stamped with the NPT (September 18, 2015) at 56823–56824.
of the ASME BPV Code Symbol Stamp. Code Symbol Stamp as illustrated in The NRC did not entirely achieve that
The new ASME Certification Mark Section III, Table NCA–8100–1 of the purpose, and this resulted in public
represents a small, non-safety ASME BPV Code, 2010 Edition and comments seeking approval of this Code
significant modification of ASME’s earlier editions and addenda. Case, which supports the proposition
trademark. As such, it does not change The NRC agrees in general with this that the public had a reasonable
the technical requirements of the Code. comment, in which the ASME asserts opportunity to either propose the
The ASME has confirmed that the that the ASME NPT Code Symbol Stamp
correction, with conditions as the

Certification Mark with designator is with the letters arranged horizontally to
commenter believes are necessary or
equivalent to the corresponding BPV be equivalent to the ‘‘N over PT’’ ASME
desirable, or to indicate why the
Code Symbol Stamp. Based on NPT Code Symbol Stamp. Therefore,
(anticipated) correction should not be
statements made by ASME in a letter using either Code Symbol Stamp serves
dated August 17, 2012, the NRC has the same purpose of certifying code made. Therefore, the NRC concludes
concluded that the ASME BPV Code compliance by the ASME Certificate that it may incorporate by reference
Symbol Stamps and ASME Certification Holder with confirmation by the ASME BPV Code Case N–852.
B. ASME BPV Code, Section XI Code, Section XI items from governing the performance and
incorporation by reference, as reflected documentation of concrete containment
10 CFR 50.55a(a)(1)(ii) ASME Boiler and
in § 50.55a(a)(1)(ii)(C)(52) and (53) of examinations in § 50.55a(b)(2)(viii)(H)
Pressure Vessel Code, Section XI
the final rule. The NRC plans to and (I), which are discussed separately
In the proposed rule, the NRC complete the development of the in the next two headings.
proposed a revision to § 50.55a(a)(1)(ii) regulatory approaches for examination Section 50.55a(b)(2)(viii)(E) is one of
that would have clarified that Section XI of component-to-component welds for several conditions that apply to the
Nonmandatory Appendix U of the 2013 new construction plants and the inservice examination of concrete
Edition of ASME BPV Code, Section XI acceptance of preservice flaws by containments using Subsection IWL of
was not incorporated by reference and analytical evaluation for operating various editions and addenda of the
therefore not approved for use. After plants and include them in a future ASME BPV Code, Section XI,
considering public comments, the NRC rulemaking. incorporated by reference in
has determined that it will not exclude § 50.55a(a)(1)(ii). The NRC is removing
Appendix U from the incorporation by 10 CFR 50.55a(b)(2)(vi) Section XI the condition in § 50.55a(b)(2)(viii)(E)
reference because it is the integration of Condition: Effective Edition and when applying the 2007 Edition with
ASME BPV Code Cases N–513–3, Addenda of Subsection IWE and 2009 Addenda through the 2013 Edition
‘‘Evaluation Criteria for Temporary Subsection IWL of Subsection IWL because its intent has
Acceptance of Flaws in Moderate The NRC is revising § 50.55a(b)(2)(vi) been incorporated into the Code in the
Energy Class 2 or 3 Piping Section XI, to expressly state that licensees that new provision IWL–2512, ‘‘Inaccessible
Division 1,’’ and N–705, ‘‘Evaluation implemented the expedited examination Areas.’’
Criteria for Temporary Acceptance of of containment during the 5-year period
Degradation in Moderate Energy Class 2 from September 9, 1996, to September 9, 10 CFR 50.55a(b)(2)(viii)(H) Concrete
or 3 Vessels and Tanks Section XI, 2001, may use either the 1992 Edition Containment Examinations: Eighth
Division 1,’’ into Section XI. The NRC with the 1992 Addenda or the 1995 Provision
has approved Code Cases N–513–3 and Edition with the 1996 Addenda of The NRC is adding
N–705 in RG 1.147. However, as Subsection IWE and Subsection IWL, as § 50.55a(b)(2)(viii)(H) to specify the
described in the discussion for conditioned by the requirements in information that must be provided in
§ 50.55a(b)(2)(xxxiv) in Section II.B, paragraphs (b)(2)(viii) and (ix), when the ISI Summary Report required by
‘‘ASME BPV Code Section XI,’’ the NRC implementing the initial 120-month IWA–6000, when inaccessible concrete
has found it necessary to adopt two new inspection interval for the containment surfaces are evaluated under the new
conditions to the use of Nonmandatory ISI requirements of this section. Code provision IWL–2512. This new
Appendix U. The expedited examination involved condition replaces the existing
The NRC is adopting two conditions the completion of the first set of condition in § 50.55a(b)(2)(viii)(E),
in the language of examinations of the first or initial 120- when using the 2007 Edition with the
§ 50.55a(a)(1)(ii)(C)(52) and (53) to month containment inspection interval. 2009 Addenda through the 2013 Edition
address two inconsistencies that were It is noted that all of the operating of Subsection IWL.
identified between the NRC’s position reactors in the previously stated class The existing condition in
in a proposed rule regarding the would have gone past their initial 120- § 50.55a(b)(2)(viii)(E) of the current rule
acceptability of ASME Code Cases (81 month inspection interval by 2011. The requires that, for Class CC applications,
FR 10780; March 2, 2016) (2016 Code change removes the possibility of the licensee shall evaluate the
Case proposed rule) and the proposed misinterpretation of the provision as acceptability of inaccessible areas when
rule for this rulemaking (80 FR 56820; requiring plants that do not fall in the conditions exist in accessible areas that
September 18, 2015). The first previously stated class, such as reactors could indicate the presence of or result
inconsistency is that the NRC’s licensed after September 9, 2001, to use in degradation to such inaccessible
proposed conditions on ASME BPV the 1992 Edition with 1992 Addenda or areas, and provide the evaluation
Code Case N–799, ‘‘Dissimilar Metal the 1995 Edition with 1996 Addenda of information required by
Welds Joining Vessel Nozzles to Subsection IWE and Subsection IWL, § 50.55a(b)(2)(viii)(E)(1), (2), and (3) in
Components,’’ in the 2016 Code Case Section XI for implementing the initial the IWA–6000 ISI Summary Report.
proposed rule were not reflected in the 120-month inspection interval of the In the 2009 Addenda Subsection IWL,
2015 proposed rule for this rulemaking, containment ISI program. Applicants the ASME revised existing provisions
even though the technical content of and licensees that do not fall in the IWL–1220 and IWL–2510 and added the
ASME BPV Code Case N–799 has been previously stated class must use Code new provision IWL–2512 intended to
incorporated into the 2011 Addenda editions and addenda in accordance incorporate the condition in
and 2013 Edition of ASME BPV Code, with § 50.55a(g)(4)(i) and (ii), § 50.55a(b)(2)(viii)(E) into Subsection
Section XI. The second inconsistency is respectively, for the initial and IWL. The IWL–2510, ‘‘Surface
that the NRC’s proposed disapproval of successive 120-month containment ISI Examination,’’ was restructured into
ASME BPV Code Case N–813, intervals. new paragraphs in IWL–2511,
‘‘Alternative Requirements for ‘‘Accessible Areas,’’ with almost the
Preservice Volumetric and Surface 10 CFR 50.55a(b)(2)(viii) Section XI same provisions as the previous IWL–
Examination,’’ in the 2016 Code Case Condition: Concrete Containment 2510 and IWL–2512, ‘‘Inaccessible
proposed rule was not reflected in the Examinations Areas,’’ to be specific to examinations
2015 proposed rule for this rulemaking, The NRC is revising required for accessible areas, and
even though the technical content of § 50.55a(b)(2)(viii) by removing the differentiate between those and the new
ASME BPV Code Case N–813 has been condition for using the 2007 Edition requirements for inaccessible areas. The
incorporated into the 2013 Edition of with 2009 Addenda through the 2013 inaccessible areas addressed by the new
the ASME BPV Code, Section XI as Edition of Subsection IWL requiring IWL–2512 are: (1) Concrete surfaces
IWB–3112(a)(3) and IWC–3112(a)(3). To compliance with § 50.55a(b)(2)(viii)(E). obstructed by adjacent structures, parts
address these two inconsistencies, the To support the removal of the condition, or appurtenances (e.g., generally above-
NRC is excluding these ASME BPV the NRC is adding new requirements grade inaccessible areas); and (2)
concrete surfaces made inaccessible by 10 CFR 50.55a(b)(2)(viii)(I) Concrete below-grade environment. The new
foundation material or backfill (e.g., Containment Examinations: Ninth IWL–2512(c) requires that the
below-grade inaccessible areas). Provision evaluation results of IWL–2512(b) be
The revised IWL–2511(a) has a new The NRC is adding used to define and document the
§ 50.55a(b)(2)(viii)(I) to place a condition monitoring program, if
requirement that states that, ‘‘If the
condition on the periodic technical determined to be required, including
Responsible Engineer determines that
evaluation requirements in the new required examinations and frequencies,
observed suspect conditions indicate to be implemented for the management
the presence of, or could result in, IWL–2512(b), for consistency with
NUREG–1801, Revision 2, ‘‘Generic of degradation and aging effects of the
degradation of inaccessible areas, the below-grade concrete surface areas. If it
requirements of IWL–2512(a) shall be Aging Lessons Learned (GALL) Report,’’
with regard to aging management of is determined that additional
met.’’ The new IWL–2512(a) requires examinations are required, these
the ‘‘Responsible Engineer’’ to evaluate below-grade containment concrete
examinations of inaccessible below-
suspect conditions and specify the type surfaces. The new IWL–2512(b)
grade areas will be implemented in
provision is applicable to inaccessible
and extent of examinations, if any, accordance with new line item L1.13 in
below-grade concrete surfaces exposed
required to be performed on Table IWL–2500–1 under Examination
to foundation soil, backfill, or
inaccessible surface areas described in Category L–A, Concrete, with
groundwater. This condition would
the previous paragraph. The acceptance criteria based on IWL–3210.
apply only during the period of
acceptability of the evaluated It should be noted that a technical
extended operation of a renewed license
inaccessible area would be determined evaluation approach, such as in IWL–
under 10 CFR part 54, when using IWL–
either based on the evaluation or based 2512(b), could be used, and is generally
2512(b) of the 2007 Edition with 2009
on the additional examinations, if used, to determine acceptability of a
Addenda through the 2013 Edition of below-grade inaccessible area to satisfy
determined to be required. The new Subsection IWL.
IWL–2512(b) further requires a periodic the condition in § 50.55a(b)(2)(viii)(E).
In the 2009 Addenda of Subsection The technical evaluation
technical evaluation of below-grade IWL, the ASME added new Code requirements in IWL–2512(b) assist in
inaccessible areas of concrete to be provisions, IWL–2512(b) and (c) as well determining the susceptibility to
performed to determine and manage its as a new line item L1.13 in Table IWL– degradation and manage aging effects of
susceptibility to degradation regardless 2500–1, intended to specifically address inaccessible below-grade concrete
of whether suspect conditions exist in aging management concerns with surfaces, before the loss of intended
accessible areas that would warrant an potentially unidentified degradation of function. The requirements are based
evaluation of inaccessible areas based inaccessible below-grade containment on, and are generally consistent with,
on the condition in concrete areas and to be responsive to the guidance in the GALL Report, with
§ 50.55a(b)(2)(viii)(E). Therefore, the actions outlined in the GALL Report the following two exceptions. The first
revised IWL–2511(a) and new IWL– related to aging management of exception is that IWL–2512(b) requires
2512 code provisions address the inaccessible below-grade concrete the technical evaluation to determine
evaluation and acceptability of surfaces. It is noted that these new Code the susceptibility of the concrete to
inaccessible areas consistent with the provisions are an enhancement to the degradation and the ability to perform
requirement of the existing condition in the intended design function through its
existing condition in
§ 50.55a(b)(2)(viii)(E) to specifically service life at periodic intervals not to
§ 50.55a(b)(2)(viii)(E), with one
address aging management of exceed 10 years. The aging management
exception. The exception is that the new
inaccessible below-grade containment programs (AMPs) for safety-related
IWL–2512 provision does not explicitly concrete areas and is generally
require the information specified in structures (e.g., Structures Monitoring)
acceptable to the NRC. in the GALL Report require such
§ 50.55a(b)(2)(viii)(E)(1), (2), and (3) of The new IWL–2512(b) provides evaluation to be performed at intervals
the existing condition to be provided in requirements for systematically not to exceed 5 years, which is also
the IWA–6000 ISI Summary Report. performing a periodic technical consistent with applicant commitments
For these reasons, the NRC is evaluation of concrete surfaces exposed during review of license renewal
identifying the information that must be to foundation soil, backfill, or applications. The second exception is
provided in the ISI Summary Report groundwater to determine susceptibility that IWL–2512(b) requires that
required by IWA–6000 when of the concrete to deterioration that examination of representative samples
inaccessible concrete surfaces are could affect its ability to perform its of below-grade concrete be performed if
evaluated under the new code provision intended design function under excavated for any reason when an
IWL–2512. This new condition replaces conditions anticipated through the aggressive below-grade environment is
the existing condition in service life of the structure. It requires present. However, the NRC notes that
§ 50.55a(b)(2)(viii)(E) when using the the technical evaluation to be performed the AMPs (X1.S6 Structures Monitoring
and documented at periodic intervals and X1.S7 Water Control Structures) in
2007 Edition with the 2009 Addenda
not to exceed 10 years regardless of the GALL Report require the same
through the 2013 Edition of Subsection
whether conditions exist in accessible examination even for a non-aggressive
IWL. The information required by the areas that would warrant an evaluation below-grade environment.
new condition must be provided when of inaccessible areas by the existing Based on these reasons, the NRC is
inaccessible concrete areas are condition in § 50.55a(b)(2)(viii)(E), adding § 50.55a(b)(2)(viii)(I) to place a
evaluated per IWL–2512(a) for which the NRC finds reasonable for the condition on the periodic technical
degradation based on suspect conditions initial 40-year operating license period. evaluation requirements in IWL–2512(b)
found in accessible areas, as well as The new IWL–2512(b) further provides for consistency with the GALL Report,
when periodic technical evaluations of the specific elements, including aging when addressing the two exceptions
inaccessible below-grade concrete areas mechanisms considered, that the previously described with respect to
required by IWL–2512(b) are performed. technical evaluation should include, as aging management of inaccessible
well as the definition of an aggressive below-grade concrete components of the
containment. The new condition is extending the applicability of the meet the requirements of appendix B, a
requires that, during the period of existing conditions (by adding the licensee’s QA program description must
extended operation of a renewed words ‘‘edition and’’ to § 50.55a(b)(2)(ix) contain commitments addressing those
license, the technical evaluation under as discussed) without any change to the provisions of appendix B which are not
IWL–2512(b) of inaccessible below- provisions of the conditions. covered by NQA–1, as well as
grade concrete surfaces exposed to provisions that supplement or replace
10 CFR 50.55a(b)(2)(x) Section XI
foundation soil, backfill, or groundwater the NQA–1 provisions where the
Condition: Quality Assurance
be performed at periodic intervals not to appendix B requirement is more
exceed 5 years, as opposed to the 10- The NRC is approving for use the stringent.
year interval in IWL–2512. In addition, version of NQA–1 referenced in the Finally, the NRC is removing the
the condition requires the examination 2009 Addenda, 2010 Edition, 2011 reference in § 50.55a(b)(2)(x) to versions
of representative samples of the exposed Addenda, and the 2013 Edition of the of NQA–1 older than the 1994 Edition
portions of the below-grade concrete be ASME BPV Code, Section XI, Table IWA because the NRC did not receive any
performed when excavated for any 1600–1, ‘‘Referenced Standards and adverse comments from any applicant
reason as opposed to IWL–2512, which Specifications,’’ which this rule is also or licensee regarding concerns about
limits the examination to excavations in incorporating by reference. This allows, removing versions of NQA–1 older than
aggressive, below-grade environments. but does not require, licensees to use the the 1994 Edition from the regulation.
Since the GALL Report is the technical 1994 Edition or the 2008 Edition and The NRC received only one comment
basis document for license renewal, this the 2009–1a Addenda of NQA–1 when regarding NQA–1. The comment
new condition applies only during the using the 2009 Addenda and later expressed support for incorporation by
period of extended operation of a editions and addenda of Section XI. reference of NQA–1 and did not
renewed license under 10 CFR part 54, In the 2013 Edition of ASME BPV respond to the NRC’s request for
when using IWL–2512(b) of the 2007 Code, Section XI, Table IWA 1600–1 comment regarding the removal of
Edition with 2009 Addenda through the was updated to allow licensees to use references to older versions of NQA–1.
2013 Edition of Subsection IWL, Section the 1994 Edition or the 2008 Edition
with the 2009–1a Addenda of NQA–1 10 CFR 50.55a(b)(2)(xii) Section XI
XI. Condition: Underwater Welding
when using the 2013 Edition of Section
10 CFR 50.55a(b)(2)(ix) Section XI XI. In the 2010 Edition of ASME BPV The NRC is revising § 50.55a(b)(2)(xii)
Condition: Metal Containment Code, Section XI, IWA–1400, ‘‘Owner’s to allow underwater welding on
Examinations Responsibilities,’’ Subparagraph (n)(2) irradiated materials in accordance with
The NRC is extending the was updated to reference the NQA–1 IWA–4660, ‘‘Underwater Welding,’’ of
applicability of the existing conditions Part I, Basic Requirements and Section XI, 1997 Addenda through the
in § 50.55a(b)(2)(ix)(A)(2) and Supplementary Requirements for latest edition and addenda incorporated
(b)(2)(ix)(B) and (J), governing Nuclear Facilities. In the 2009 Addenda by reference in § 50.55a(a)(1)(ii). The
examinations of metal containments and of the 2007 Edition of ASME BPV Code, conditions for which underwater
the liners of concrete containments Section XI, Table IWA–1600–1, welding would be permitted without
under Subsection IWE, to the ASME ‘‘Referenced Standards and prior NRC approval are based on
BPV Code editions and addenda which Specifications,’’ was updated to allow technical factors, such as neutron
are the subject of this rulemaking (i.e., licensees to use the 1994 Edition of fluence and, for certain material classes,
the 2007 Edition with 2009 Addenda NQA–1. The NRC reviewed the 2008 helium concentration.
through the 2013 Edition). The last Edition and the 2009–1a Addenda of The existing condition in
sentence of § 50.55a(b)(2)(ix) prior to NQA–1 and compared it to previously § 50.55a(b)(2)(xii) does not allow
this final rule stated that the referenced approved versions of NQA–1 and found underwater welding on irradiated
conditions were applicable only to that there were no significant materials by prohibiting the use of
addenda, but not to editions, approved differences. Therefore, the NRC has IWA–4660, ‘‘Underwater Welding,’’ of
by the NRC after the 2007 Edition of the concluded that these editions and Section XI, 1997 Addenda through the
ASME BPV Code. To rectify this, the addenda of NQA–1 are acceptable for latest edition and addenda incorporated
NRC is revising the last sentence of use. by reference in § 50.55a(a)(1)(ii) on
§ 50.55a(b)(2)(ix) to refer to the latest The NRC is amending materials that are irradiated; however,
‘‘edition and’’ addenda after the 2007 § 50.55a(b)(2)(x) to clarify that a there are two problems with the
Edition which are incorporated by licensee’s commitments addressing restriction in § 50.55a(b)(2)(xii). First,
reference into § 50.55a. those areas where NQA–1 either does the neutron fluence threshold above
The NRC reviewed the Code changes not address a requirements in appendix which a material is considered to be
in Subsection IWE of the 2009 Addenda B to 10 CFR part 50 or is less stringent irradiated is not defined in
through the 2013 Edition of ASME BPV than the comparable appendix B § 50.55a(b)(2)(xii). Second, studies such
Code, Section XI, and noted that all of requirement govern the licensee’s as those documented in Boiling Water
the changes were editorial or Section XI activities. The clarification is Reactor Vessel and Internals Project
administrative with the intent to consistent with § 50.55a(b)(1)(iv) and (BWRVIP) Report 1003020 (BWRVIP–
improve the clarity of the existing (b)(3)(i). The ASME’s method for 97) have shown that reactor internals
requirements or correct errors by errata. establishing and implementing a QA can tolerate some neutron irradiation
There were no changes to Subsection program for the design and construction without suffering damage to weldability,
IWE in the Code editions and addenda of nuclear power plants and fuel as long as the helium concentration in
that are the subject of this rulemaking reprocessing plants is described in the material does not exceed a certain
that the NRC believes would require NQA–1. However, NQA–1 does not threshold. The NRC completed its
new regulatory conditions to ensure address some of the requirements of Safety Evaluation of BWRVIP–97 in May
safety, nor do the changes to Subsection appendix B to 10 CFR part 50. In some 2008 and concluded that
IWE address the NRC’s reasons for cases, the provisions of NQA–1 are less implementation of the guidelines in the
adopting the conditions on the use of stringent than the comparable appendix BWRVIP–97 report, with some
Subsection IWE. Accordingly, the NRC B requirements. Therefore, in order to modifications as documented in the
NRC Safety Evaluation dated June 30, standards for welding on material Appendix VIII qualification
2008, will provide an acceptable classes other than P-No. 8. Instead the requirements. These new ASME BPV
technical basis for the design of weld NRC is adopting conditions that would Code provisions will provide personnel
repairs based on the helium content of apply to all materials and which can be in training with less experience and
irradiated reactor vessel internals. The consistently applied for all Code and exposure to representative flaws in
current version of § 50.55a(b)(2)(xii) Code Case applications. The first representative materials and
does not define a threshold of helium condition, § 50.55a(b)(2)(xii)(A), is configurations common to operating
concentration below which the material based on fast neutron fluence and nuclear power plants, and they would
is considered to be weldable. applies to ferritic materials. The second permit personnel with prior non-nuclear
The most recent editions of the ASME condition, § 50.55a(b)(2)(xii)(B), is based ultrasonic examination experience to
BPV Code state in Article IWA–4660 on helium content and/or thermal qualify for examinations in nuclear
that underwater welding may not be fluence and applies to austenitic power plants without exposure to the
performed on irradiated materials other materials. For P-No. 8 austenitic variety of defects, examination
than P-No. 8 materials containing less materials, the evaluation of BWRVIP–97 conditions, components, and
than 0.1 atomic parts per million (appm) supports a weldability threshold based regulations common to operating
measured or calculated helium content on helium content and thermal fluence. nuclear power plants.
generated through irradiation. Some For austenitic materials other than P-No. The impact of reduced training and
editions and addenda of the ASME BPV 8, there are insufficient data to support nuclear power plant familiarization is
Code prior to 2010 state in Article IWA– a weldability threshold based on helium unknown. The ASME BPV Code
4660 that underwater welding may only content, and, therefore, the NRC is supplants training hours and field
be performed in applications not adopting a weldability threshold based experience without a technical basis,
predicted to exceed a thermal neutron on thermal fluence only. minimum defined training criteria,
fluence of 1 × 1017 n/cm2. Other The conditions for which underwater process details, or standardization. For
editions and addenda of the ASME BPV welding are permitted, as stated in the these reasons, the NRC is prohibiting
Code prior to 2010 do not restrict the revision of § 50.55a(b)(2)(xii), were
the use of Appendix VII and Subarticle
underwater welding of irradiated determined, in part, based on technical
VIII–2200 of the 2011 Addenda and
materials. Therefore, there is discussions in a Category 2 public
2013 Edition. The NRC is requiring
inconsistent treatment among the meeting with industry representatives
applicants and licensees using the 2011
various editions and addenda of the held on January 19, 2016. The NRC later
Addenda and 2013 Edition to use the
ASME BPV Code on the underwater presented the new conditions at a
prerequisites for ultrasonic examination
welding of irradiated materials. public meeting held on March 2, 2016.
Current ASME BPV Code and Code personnel certifications in Table VII–
There were no comments on this change
Case requirements for welding on 4110–1 and Subarticle VIII–2200,
from the attendees at the March 2, 2016,
irradiated materials, other than the Appendix VIII in the 2010 Edition.
public meeting. Summaries of the
underwater welding requirements January 19 and March 2, 2016, public 10 CFR 50.55a(b)(2)(xxi)(A) Table IWB–
specified in IWA–4660, are inconsistent. meetings are available in ADAMS under 2500–1 Examination Requirements:
Thresholds for weldability may be Accession Nos. ML16050A383 and First Provision
stated in terms of fast neutron fluence, ML16069A408, respectively.
thermal neutron fluence, or helium The NRC is revising
concentration. In some cases, thresholds 10 CFR 50.55a(b)(2)(xviii)(D) NDE § 50.55a(b)(2)(xxi)(A) to modify the
are not defined and the Code or Code Personnel Certification: Fourth standard for visual magnification
Case simply states that consideration Provision resolution sensitivity and contrast for
must be given to irradiation effects The NRC is adding visual examinations performed on
when welding. The NRC believes that § 50.55a(b)(2)(xviii)(D) to prohibit Examination Category B–D components
thresholds for welding on irradiated applicants and licensees from using the instead of ultrasonic examinations,
materials should be based on the current ultrasonic examination nondestructive making the rule conform with ASME
understanding of irradiation damage, as examination (NDE) personnel BPV Code, Section XI requirements for
supported by technical studies (such as certification requirements in Section XI, VT–1 examinations. The character
BWRVIP–97) which have been Appendix VII and Subarticle VIII–2200 recognition rules are used in ASME BPV
evaluated by the NRC. In addition, the of the 2011 Addenda and 2013 Edition Code, Section XI, Table IWA–2211–1 for
NRC believes that these thresholds of the ASME BPV Code. Paragraph VT–1 tests, and are the standard tests
should be consistently applied for all (b)(2)(xviii) currently includes used for resolution and contrast checks
Code and Code Case applications. conditions on the certification of NDE of the VT–1 equipment. This revision
During the public comment period for personnel. In addition, the new essentially removed a requirement that
this rulemaking, a representative of paragraph will require applicants and was an addition to ASME BPV Code that
ASME recommended that licensees to use the 2010 Edition, Table required 1-mil wires to be used in
§ 50.55a(b)(2)(xii) be revised such that it VII–4110–1 training hour requirements licensees’ Sensitivity, Resolution, and
applies only to those editions and for Levels I, II, and III ultrasonic Contrast Standard targets. In 2004, the
addenda earlier than the 2010 Edition. examination personnel, and the 2010 NRC published NUREG/CR–6860, ‘‘An
The effect of such a revision would be Edition, Subarticle VIII–2200 of Assessment of Visual Testing,’’ showing
to allow welding on P-No. 8 materials Appendix VIII prerequisites for that a linear target, such as a wire, is not
containing less than 0.1 appm measured personnel requirements. In the 2011 an effective method for testing the
or calculated helium content generated Addenda and 2013 Edition, the ASME resolution of a video camera system. In
through irradiation. However, this BPV Code added an accelerated addition, Boiling Water Reactor Vessel
proposed revision would not be Appendix VII training process for and Internals Project Report 105696
consistent with other ASME BPV Code certification of ultrasonic examination (BWRVIP–03) was changed to eliminate
or Code Case requirements for welding personnel based on training and prior a 1⁄2 mil wire from the Sensitivity,
on irradiated materials, and this experience, and separated the Appendix Resolution, and Contrast Standards due
proposed revision does not address VII training requirements from the to similar concerns.
Simple line detection can be a poor the use of mechanical clamping devices XI of the ASME BPV Code. The NRC
performance standard, allowing on small item Class 1 piping and found insufficient basis to make this
detection of a highly blurred image. portions of piping systems that form the change, removing the mandatory
This does not emulate sharpness quality containment boundary. This condition requirements for the use of mechanical
recognition for evaluation of weld also maintains the previously required clamping devices on ASME BPV Code
discontinuities. The 750 mm (30 mil) design and testing requirements for the Class piping systems. By taking this
and the even smaller 25 mm (1 mil) implementation of mechanical clamping action, the ASME BPV Code now allows
widths should not be used as devices on ASME BPV Code Class mechanical clamping devices to be
performance standards because they do piping systems. installed in various methods through
not determine image sharpness. This In the 2010 Edition of the ASME BPV interpretations of the ASME BPV Code
technique only measures the ‘‘visible Code, a change was made to include that do not maintain the requirements
minimum’’ for long linear indications, mechanical clamping devices under the for design and testing of the formerly
and does not measure a system’s small items exclusion rules of IWA– mandatory Appendix IX. Therefore, to
resolution or recognition limits. If the 4131. Currently in the 2007 Edition/ clarify the requirement for the
wire, or printed line, has a strong 2008 Addenda of Section XI under implementation of mechanical clamps
enough contrast against the background, IWA–4133, ‘‘Mechanical Clamping in ASME BPV Code Class systems, the
then a linear feature well below the Devices Used as Piping Pressure NRC requires the use of Appendix W of
resolution of a system can be detected. Boundary,’’ mechanical clamping Section XI when using mechanical
devices may be used only if they meet clamping devices, and prohibits the use
10 CFR 50.55a(b)(2)(xxiii) Section XI the requirements of Mandatory
Condition: Evaluation of Thermally Cut of mechanical clamping devices on
Appendix IX of Section XI of the ASME small item Class 1 piping and portions
Surfaces BPV Code. Article IX–1000 (c) of of a piping system that form the
The NRC is revising Appendix IX prohibits the use of containment boundary, as would
§ 50.55a(b)(2)(xxiii) to clarify that this mechanical clamping devices on (1) otherwise be permitted under IWA–
condition, prohibiting the ASME BPV Class 1 piping and (2) portions of a 4131.1(c) in the 2010 Edition and IWA–
Code provisions allowing elimination of piping system that form the 4131.1(d) in the 2011 Addenda through
mechanical processing of thermally cut containment boundary. 2013 Edition.
surfaces under certain circumstances, In the 2010 Edition, IWA–4133 was
only applies to the 2001 Edition through modified to allow use of IWA–4131.1(c) 10 CFR 50.55a(b)(2)(xxxii) Section XI
the 2009 Addenda. for the installation of mechanical Condition: Summary Report Submittal
clamping devices. This change allowed
10 CFR 50.55a(b)(2)(xxx) Section XI The NRC is adding
the use of small items exclusion rules in
Condition: Steam Generator Preservice § 50.55a(b)(2)(xxxii) to require licensees
the installation of mechanical clamping
Examinations using the 2010 Edition and later
devices. Subparagraph IWA–4131.1(c)
In the proposed rule, the NRC editions and addenda of Section XI to
was added such that mechanical
proposed adding § 50.55a(b)(2)(xxx), continue to submit Summary Reports as
clamping devices installed on items
with a condition regarding steam required in IWA–6240 of the 2009
classified as ‘‘small items’’ under IWA–
generator preservice examinations. The 4131, including Class 1 piping and Addenda.
NRC received requests for clarification portions of a piping system that form Prior to the 2010 Edition, Section XI
of the proposed condition, including the containment boundary, would be required the preservice summary report
elaboration on the kind of preservice allowed without a repair/replacement to be submitted prior to the date of
examination that should be performed. plan, pressure testing, services of an placement of the unit into commercial
The NRC agrees with the need for this Authorized Inspection Agency, and service, and the inservice summary
clarification; however, during the completion of the NIS–2 form. The NRC, report to be submitted within 90
development of the final rule, the NRC in accordance with the previously calendar days of the completion of each
determined that additional time was approved IWA–4133 of the 2007 refueling outage. In the 2010 Edition,
needed to evaluate this proposed Edition/2008 Addenda of the ASME IWA–6240 was revised to state,
condition. Therefore, to ensure that this BPV Code, does not believe that the ‘‘Summary reports shall be submitted to
rulemaking is concluded as timely as ASME has provided a sufficient the enforcement and regulatory
possible, the NRC is not including this technical basis to support the use of authorities having jurisdiction at the
condition in this final rule and will mechanical clamping devices on Class 1 plant site, if required by these
address the need for a condition in a piping or portions of a piping system authorities.’’ This change in the 2010
future rulemaking. The NRC has that form the containment boundary as Edition could lead to confusion as to
concluded that omitting this condition a permanent repair. Furthermore, the whether or not the summary reports
does not present a health or safety NRC finds that the ASME has not need to be submitted to the NRC, as well
concern because licensees are currently provided any basis for the small item as the time for submitting the reports, if
performing appropriate steam generator exemption allowing the installation of they were required. The NRC concludes
preservice inspections under existing mechanical clamps on these that summary reports must continue to
programs. components. In the 2011 Addenda of be submitted to the NRC in a timely
the ASME BPV Code, IWA–4131.1(c) manner because they provide valuable
10 CFR 50.55a(b)(2)(xxxi) Section XI was relocated to IWA–4131.1(d). To add information regarding examinations
Condition: Mechanical Clamping clarity to the condition, the NRC has performed, conditions noted, corrective
Devices included statements such that the actions taken, and the implementation
The NRC is adding implementation of these paragraphs is status of preservice inspection and ISI
§ 50.55a(b)(2)(xxxi) to require the use of now prohibited. programs. Therefore, the NRC is adding
Nonmandatory Appendix W when using In the 2013 Edition, Mandatory § 50.55a(b)(2)(xxxii) to ensure that
a mechanical clamping device on an Appendix IX of Section XI of the ASME preservice and inservice summary
ASME BPV Code Class piping system. BPV Code was changed to reports will continue to be submitted
This condition, in part, clearly prohibits Nonmandatory Appendix W of Section within the timeframes currently
established in Section XI editions and 10 CFR 50.55a(b)(2)(xxxiv) Section XI The second condition on the use of
addenda prior to the 2010 Edition. Condition: Nonmandatory Appendix U Appendix U is set forth in
§ 50.55a(b)(2)(xxxiv)(B) of this final rule.
10 CFR 50.55a(b)(2)(xxxiii) Section XI The NRC is adding This paragraph requires the use of the
Condition: Risk-Informed Allowable § 50.55a(b)(2)(xxxiv) to require that two mandatory appendix in ASME BPV
Pressure conditions, (A) and (B), be satisfied Code Case N–513–3 in lieu of the
when using Nonmandatory Appendix U appendix referenced in paragraph U–
The NRC is adding of the 2013 Edition of the ASME BPV
§ 50.55a(b)(2)(xxxiii) to prohibit the use S1–4.2.1(c) of Appendix U (which was
Code, Section XI. In the proposed rule, inadvertently omitted from Appendix
of Appendix G, Paragraph G–2216, in the NRC had proposed to exclude
the 2011 Addenda and later editions U). The NRC is incorporating by
Nonmandatory Appendix U from the reference the mandatory appendix in
and addenda of the ASME BPV Code, incorporation by reference and therefore
Section XI. The 2011 Addenda of the ASME BPV Code Case N–513–3 in
not approve it for use. After considering § 50.55a(a)(1)(iii)(A) because it is
ASME BPV Code included, for the first public comments, the NRC has
time, a risk-informed methodology to referenced in § 50.55a(b)(2)(xxxiv)(B).
incorporated by reference Appendix U A proposed condition on Disposition
compute allowable pressure as a in this final rule because it integrates
function of inlet temperature for reactor of Flaws in Class 3 Components, which
ASME BPV Code Cases N–513–3, was located in § 50.55a(b)(2)(xxxiv) of
heat-up and cool-down at rates not to ‘‘Evaluation Criteria for Temporary
exceed 100 degrees F/hr (56 degrees C/ the proposed rule, is not included in
Acceptance of Flaws in Moderate this final rule based on public
hr). This methodology was developed Energy Class 2 or 3 Piping Section XI,
based upon probabilistic fracture comments that the error has been
Division 1,’’ and N–705, ‘‘Evaluation corrected by ASME in published
mechanics (PFM) evaluations that Criteria for Temporary Acceptance of
investigated the likelihood of reactor erratum.
Degradation in Moderate Energy Class 2
pressure vessel (RPV) failure based on or 3 Vessels and Tanks Section XI, 10 CFR 50.55a(b)(2)(xxxv) Section XI
specific heat-up and cool-down Division 1,’’ into Section XI. The NRC Condition: Use of RTT0 in the KIa and KIc
scenarios. has approved the use of ASME BPV Equations
During the ASME’s consideration of Code Cases N–513–3 and N–705 in RG The NRC is adding
this change, the NRC staff noted that 1.147, which allows licensees to use § 50.55a(b)(2)(xxxv) to specify that when
additional requirements would need to these code cases without prior licensees use the 2013 Edition of the
be placed on the use of this alternative. permission from the NRC. ASME BPV Code, Section XI, Appendix
For example, the NRC staff indicated The first condition on the use of A, Paragraph A–4200, if T0 is available,
that it would be important for a licensee Appendix U is set forth in then RTT0 may be used in place of
who wishes to utilize such a risk- § 50.55a(b)(2)(xxxiv)(A) of this final rule RTNDT for applications using the KIc
informed methodology for determining and requires that an ASME BPV Code equation and the associated KIc curve,
plant-specific pressure-temperature repair or replacement activity but not for applications using the KIa
limits to ensure that the material temporarily deferred under the equation and the associated KIa curve.
condition of its facility is consistent provisions of Nonmandatory Appendix Nonmandatory Appendix A provides
with assumptions made in the PFM U to the 2013 Edition of the ASME BPV a procedure based on linear elastic
evaluations that supported the Code, Section XI, must be performed fracture mechanics (LEFM) for
development of the methodology. One during the next scheduled outage. This determining the acceptability of flaws
aspect of this would be evaluating plant- condition is consistent with the NRC’s that have been detected during inservice
specific ISI data to determine whether condition on the use of ASME BPV inspections that exceed the allowable
the facility’s RPV flaw distribution was Code Case N–513–3 in RG 1.147, flaw indication standards of IWB–3500.
consistent with the flaw distribution Revision 17. Appendix U defines that Sub-article A–4200 provides a
assumed in the supporting PFM the evaluation period is the operational procedure for determining fracture
evaluations. This consideration is time for which the temporary toughness of the material used in the
consistent with a similar requirement acceptance criteria are satisfied but not LEFM analysis. The NRC staff’s concern
established by the NRC in § 50.61a, exceeding 26 months from the initial is related to the proposed insertion
‘‘Alternative Fracture Toughness discovery of the condition. Original regarding an alternative based on the
Requirements for Protection against versions of ASME BPV Code Case N– use of the Master Curve methodology to
Pressurized Thermal Shock Events.’’ 513 stated, in part, that certain flaws determine the nil-ductility transition
The PFM methodology that supports may be acceptable without performing a reference temperature RTNDT, which is
§ 50.61a is very similar to that which repair/replacement activity for a limited an important parameter in determining
was used to support ASME BPV Code, time, not to exceed the time to the next the fracture toughness of the material.
Section XI, Appendix G, Paragraph G– scheduled outage. The NRC staff found Specifically, the insertion proposed to
2216. These concerns with the that the acceptance of ASME BPV Code use the Master Curve reference
Paragraph G–2216 methodology for Case N–513 was based on allowing temperature RTT0, which is defined as
computing allowable pressure as a continued plant operation with a RTT0 = T0 + 35 °F, where T0 is a
function of inlet temperature for reactor monitored and evaluated low safety material-specific temperature value
heat-up and cooldown were not significant degraded condition for a determined in accordance with ASTM
addressed by the ASME. Accordingly, limited time until plant shutdown. By E1921, ‘‘Standard Test Method for
the NRC is prohibiting the use of allowing use of this Appendix, this Determination of Reference
Paragraph G–2216 in Appendix G of the option is allowed rather than requiring Temperature, T0, for Ferritic Steels in
2010 Edition. The continued use of the an unnecessary plant shutdown to the Transition Range,’’ to index (shift)
deterministic methodology of Section repair the degradation. However, the the fracture toughness KIc curve, based
XI, Appendix G to generate Pressure- NRC believes once the plant is shut on the lower bound of static initiation
Temperature (P–T) limits remains down, the degraded piping must be critical stress intensity factor, as well as
acceptable. repaired. the KIa curve, based on the lower bound
of crack arrest critical stress intensity over this sentence in the proposed Applications.’’ The NRC reviewed these
factor. insertion: ‘‘Measurement of RTT0 of editions and addenda, compared them
While use of RTT0 to index the KIc unirradiated or irradiated materials as to the previously approved versions of
curve is acceptable, using RTT0 to index defined in A–4200(b) is permitted, NQA–1, and found that there were no
the KIa curve is questionable. This including use of the procedures given in significant differences.
concern is based on the data analysis in ASTM E1921 to obtain direct The NRC is removing the reference in
‘‘A Physics-Based Model for the Crack measurement of irradiated T0.’’ § 50.55a(b)(3)(i) to versions of NQA–1
Arrest Toughness of Ferritic Steels,’’ Permission of measurement of RTT0 of older than the 1994 Edition, inasmuch
written by NRC staff member Mark Kirk irradiated materials, without providing as these versions do not appear to be in
and published in ‘‘Fatigue and Fracture guidelines regarding how to use the use at any nuclear power plant. The
Mechanics, 33rd Volume, ASTM STP measured parameter in determining the NRC did not receive any adverse
1417’’ which indicated that the crack fracture toughness of the irradiated comments from any applicant or
arrest data does not support using RTT0 materials, may mislead the users of licensee regarding concerns about
as RTNDT to index the KIa curve. This is Appendix A into adopting methodology removing versions of NQA–1 older than
also confirmed by industry data that has not been accepted by the NRC. the 1994 Edition from the regulation.
disclosed in a presentation, ‘‘Final With this condition, users of Appendix The NRC received one comment
Results from the CARINA Project on A can avoid inappropriately using a regarding NQA–1, supporting
Crack Initiation and Arrest of Irradiated fracture toughness KIc value based on incorporation by reference of NQA–1
German RPV Steels for Neutron the irradiated T0 and the associated but not responding to the NRC’s request
Fluences in the Upper Bound,’’ by RTT0 in their LEFM analysis for for comment regarding the removal of
AREVA at the 26th Symposium on determining the acceptability of a references to older versions of NQA–1.
Effects of Radiation on Nuclear detected flaw in applicable components. Accordingly, the NRC concludes that
Materials (June 12–13, 2013, removal of NQA–1 versions older than
Indianapolis, Indiana, USA). The NRC 10 CFR 50.55a(g) Inservice and the 1994 Edition will not have any
staff recognized that the proposed Preservice Inspection Requirements adverse effect on licensees, and the final
insertion is consistent with ASME BPV The NRC is adding new paragraphs rule removes these older versions from
Code Case N–629, ‘‘Use of Fracture (g)(2)(i), (ii), and (iii) and revising § 50.55a(b)(3)(i).
Toughness Test Data to Establish current paragraphs (g) introductory text, 10 CFR 50.55a(b)(3)(ii) OM Condition:
Reference Temperature for Pressure (g)(2), (g)(3) introductory text, and Motor-Operated Valve (MOV) Testing
Retaining Materials,’’ which was (g)(3)(i), (ii), and (v) to distinguish the
accepted by the NRC without requirements for accessibility and The NRC is revising § 50.55a(b)(3)(ii)
conditions. In addition to the current to reflect the new Appendix III,
preservice examination from those for
NRC effort, the appropriate ASME BPV ‘‘Preservice and Inservice Testing of
inservice inspection in § 50.55a(g). In
Code committee is in the process of Active Electric Motor Operated Valve
addition, consistent with other
correcting this issue in a future revision Assemblies in Light-Water Reactor
paragraphs of this section, headings are
of Appendix A of Section XI. Power Plants,’’ of the OM Code, 2009
added to the subordinate paragraphs of
With this condition, users of Edition, 2011 Addenda, and 2012
(g) in order to enhance readability of the
Appendix A can avoid using an Edition. Appendix III of the OM Code
regulation. No substantive change to the
erroneous fracture toughness KIa value establishes provisions for periodic
requirements are intended by these
in their LEFM analysis for determining verification of the design-basis
revisions.
the acceptability of a detected flaw in capability of MOVs within the scope of
applicable components. Therefore, the C. OM Code the IST program. Appendix III of the
NRC is adding a condition which OM Code reflects the incorporation of
10 CFR 50.55a(b)(3) Conditions on
permits the use of RTT0 in place of OM Code Cases OMN–1, ‘‘Alternative
ASME OM Code
RTNDT in applications using the KIc Rules for Preservice and Inservice
equation and the associated KIc curve, The NRC is revising § 50.55a(b)(3) to Testing of Active Electric Motor-
but does not permit the use of RTT0 in clarify that Subsections ISTA, ISTB, Operated Valve Assemblies in Light-
place of RTNDT in applications using the ISTC, ISTD, ISTE, and ISTF; Mandatory Water Reactor Power Plants,’’ and
KIa equation and the associated KIa Appendices I, II, III, and V; and OMN–11, ‘‘Risk-Informed Testing for
curve. Nonmandatory Appendices A through H Motor-Operated Valves.’’ The NRC is
and J through M of the OM Code are adding four new conditions on the use
10 CFR 50.55a(b)(2)(xxxvi) Section XI each incorporated by reference into of Mandatory Appendix III in new
Condition: Fracture Toughness of § 50.55a. The NRC is also clarifying that § 50.55a(b)(3)(ii)(A), (B), (C), and (D) to
Irradiated Materials the OM Code Nonmandatory address periodic verification of MOV
The NRC is adding Appendices incorporated by reference design-basis capability. These new
§ 50.55a(b)(2)(xxxvi) to require licensees into § 50.55a are approved for use, but conditions are discussed in the next
using ASME BPV Code, Section XI, are not mandated. The Nonmandatory four sections.
2013 Edition, Appendix A, Paragraph Appendices may be used by applicants
A–4400, to obtain NRC approval under and licensees of nuclear power plants, 10 CFR 50.55a(b)(3)(ii)(A) MOV
§ 50.55a(z) before using irradiated T0 subject to the conditions in Diagnostic Test Interval (First Condition
and the associated RTT0 in establishing § 50.55a(b)(3). on Use of Mandatory Appendix III)
fracture toughness of irradiated In the proposed rule, the NRC
10 CFR 50.55a(b)(3)(i) OM Condition: specified in § 50.55a(b)(3)(ii)(A) that

materials.
Sub-article A–4400 provides guidance Quality Assurance licensees evaluate the adequacy of the
for considering irradiation effects on The NRC is revising § 50.55a(b)(3)(i) diagnostic test interval for each MOV
materials. The NRC staff’s concern is to allow use of the 1994 Edition, 2008 and adjust the interval as necessary, but
related to use of RTT0 based on Edition, and the 2009–1a Addenda of not later than 5 years or three refueling
measured T0 of the irradiated materials. NQA–1, ‘‘Quality Assurance outages (whichever is longer) from
Specifically, the NRC staff has concerns Requirements for Nuclear Facility initial implementation of OM Code,
Appendix III. Paragraph III–3310(b) in frequency does not significantly affect issuance of safety evaluations. As noted
Appendix III includes a provision component performance. The in the response to public comments, the
stating that if insufficient data exist to information may be obtained by intent of this condition is to indicate
determine the IST interval, then MOV grouping similar MOVs and establishing that when applying Appendix III to the
inservice testing shall be conducted periodic exercising intervals of MOVs in OM Code, licensees may use either a
every two refueling outages or 3 years the group over the refueling interval. two-risk category approach (high or low)
(whichever is longer) until sufficient Section 50.55a(b)(3)(ii)(B) requires or a three-risk category approach (high,
data exist, from an applicable MOV or that the increase in the overall plant medium, and low), provided the risk
MOV group, to justify a longer IST CDF and LERF resulting from the ranking method has been accepted by
interval. As discussed in a final rule extension be acceptably small. As the NRC.
published September 22, 1999 (64 FR presented in RG 1.174, ‘‘An Approach
for Using Probabilistic Risk Assessment 10 CFR 50.55a(b)(3)(ii)(D) MOV Stroke
51386), with respect to the use of OM
[PRA] in Risk-Informed Decisions on Time (Fourth Condition on Use of
Code Case OMN–1, the NRC considers
Plant-Specific Changes to the Licensing Mandatory Appendix III)
it appropriate to include a modification
requiring licensees to evaluate the Basis,’’ the NRC considers acceptably The NRC is adding
information obtained for each MOV, small changes to be relative and to § 50.55a(b)(3)(ii)(D) to require that when
during the first 5 years or three refueling depend on the current plant CDF and a licensee applies Paragraph III–3600,
outages (whichever is longer) of the use LERF. For plants with total baseline ‘‘MOV Exercising Requirements,’’ of
of Appendix III to validate assumptions CDF of 10¥4 per year or less, acceptably Appendix III to the OM Code, the
made in justifying a longer test interval. small means CDF increases of up to licensee verify that the stroke time of
In response to public comments, the 10¥5 per year; and for plants with total the MOV satisfies the assumptions in
NRC revised § 50.55a(b)(3)(ii)(A) to baseline CDF greater than 10¥4 per year, the plant’s safety analyses. Previous
clarify its intent for licensees to evaluate acceptably small means CDF increases editions and addenda of the OM Code
the test interval within 5 years or three of up to 10¥6 per year. For plants with specified that the licensee must perform
refueling outages (whichever is longer) total baseline LERF of 10¥5 per year or quarterly MOV stroke time
following implementation of Appendix less, acceptably small LERF increases measurements that could be used to
III to the OM Code, rather than implying are considered to be up to 10¥6 per verify that the MOV stroke time satisfies
that every MOV must be tested within year; and for plants with total baseline the assumptions in the safety analyses
5 years or three refueling outages of the LERF greater than 10¥5 per year, consistent with plant TS. The need for
initial implementation of Appendix III. acceptably small LERF increases are verification of the MOV stroke time
For example, the condition allows considered to be up to 10¥7 per year. during periodic exercising is consistent
grouping of MOVs to share test with the NRC’s lessons learned from the
10 CFR 50.55a(b)(3)(ii)(C) MOV Risk implementation of OM Code Case
information in the evaluation of the
Categorization (Third Condition on Use OMN–1. However, Paragraph III–3600 of
MOV periodic verification intervals
of Mandatory Appendix III) Appendix III of the versions of the OM
within 5 years or three refueling outages
(whichever is longer) of the The NRC is adding Code that will be incorporated by
implementation of OM Code, Appendix § 50.55a(b)(3)(ii)(C) to require, when reference in this rulemaking no longer
III. Therefore, § 50.55a(b)(3)(ii)(A) of this applying Mandatory Appendix III, that require the verification of MOV stroke
final rule states that licensees shall licensees categorize MOVs according to time during periodic exercising. For this
evaluate the adequacy of the diagnostic their safety significance using the reason, the NRC is adopting this new
test intervals established for MOVs methodology described in OM Code condition, which will effectively retain
within the scope of OM Code, Case OMN–3, ‘‘Requirements for Safety the need to verify that the MOV stroke
Mandatory Appendix III, not later than Significance Categorization of time during periodic exercising satisfies
5 years or three refueling outages Components Using Risk Insights for the assumptions in the plant’s safety
(whichever is longer) from initial Inservice Testing of LWR Power Plants,’’ analyses.
implementation of OM Code, Appendix subject to the conditions discussed in Based on the discussion during the
III. RG 1.192, or using an MOV risk ranking public webinar on March 2, 2016, the
methodology accepted by the NRC on a NRC revised the condition to clarify that
10 CFR 50.55a(b)(3)(ii)(B) MOV Testing plant-specific or industry-wide basis in it applies to MOVs referenced in the
Impact on Risk (Second Condition on accordance with the conditions in the plant TS. In particular, the NRC revised
Use of Mandatory Appendix III) applicable safety evaluation. Paragraph the condition to indicate that when a
The NRC is adding III–3720 in Appendix III to the OM Code licensee applies Paragraph III–3600 of
§ 50.55a(b)(3)(ii)(B) to require that when states that when applying risk insights, Appendix III to the OM Code, the
using Mandatory Appendix III, licensees each MOV shall be evaluated and licensee shall verify that the stroke time
ensure that the potential increase in categorized using a documented risk of MOVs specified in plant technical
core damage frequency (CDF) and large ranking methodology. Further, specifications satisfies the assumptions
early release frequency (LERF) Appendix III only addresses risk in the plant’s safety analyses.
associated with the extension is ranking methodologies that include two
acceptably small when extending risk categories. In light of the potential 10 CFR 50.55a(b)(3)(iii) OM Condition:
exercise test intervals for high risk extension of quarterly test intervals for New Reactors
MOVs beyond a quarterly frequency. As high risk MOVs and the relaxation of The NRC is adding § 50.55a(b)(3)(iii)
discussed in a final rule published IST activities for low risk MOVs based to apply specific conditions for IST
September 22, 1999 (64 FR 51386), with on risk insights, the NRC has programs applicable to licensees of new
respect to the use of OM Code Case determined that the rule should specify nuclear power plants in addition to the
OMN–1, the NRC considers it important that plant-specific or industry-wide risk provisions of the OM Code as
for licensees to have sufficient ranking methodologies must have been incorporated by reference with
information from the specific MOV, or accepted by the NRC through RG 1.192 conditions in § 50.55a. Licensees of
similar MOVs, to demonstrate that (which accepts OM Code Case OMN–3 ‘‘new reactors’’ are, as identified in the
exercising on a refueling outage with the specified conditions) or the paragraph: (1) Holders of operating
licenses for nuclear power reactors that safety functions. While Appendix III to POVs to perform their design-basis
received construction permits under the OM Code addresses this requirement safety functions.
this part on or after the date 12 months for MOVs with the conditions specified In NUREG–2124, ‘‘Final Safety
after August 17, 2017, and (2) holders of in § 50.55a, applicable applicants and Evaluation Report [FSER] Related to the
combined licenses (COLs) issued under licensees will need to develop programs Combined Licenses for Vogtle Electric
10 CFR part 52, whose initial fuel to periodically verify the design-basis Generating Plant, Units 3 and 4,’’ the
loading occurs on or after the date 12 capability of other POVs. The NRC’s NRC staff found the provisions
months after August 17, 2017. This Regulatory Issue Summary 2000–03, established by the COL applicant for
implementation schedule for new ‘‘Resolution of Generic Issue 158: Vogtle Units 3 and 4 in its Final Safety
reactors is consistent with the NRC Performance of Safety-Related Power- Analysis Report (FSAR), Revision 5,
regulations governing inservice testing Operated Valves Under Design Basis Section 3.9.6.2.2, ‘‘Valve Testing,’’ to
in § 50.55a(f)(4)(i). Conditions,’’ provides attributes for a periodically verify the capability of
Commission Papers SECY–90–016, successful long-term periodic POVs (such as air-operated valves
‘‘Evolutionary Light Water Reactor verification program for POVs by (AOVs), solenoid-operated valves
(LWR) Certification Issues and Their incorporating lessons learned from (SOVs), and hydraulic-operated valves
Relationship to Current Regulatory MOV performance at operating nuclear (HOVs)) to perform their design-basis
Requirements;’’ SECY–93–087, ‘‘Policy, power plants and research programs. safety functions to be acceptable. In
Technical, and Licensing Issues Implementation of Appendix III to the particular, the Vogtle Units 3 and 4
Pertaining to Evolutionary and OM Code as accepted in FSAR specifies that:
Advanced Light-Water Reactor (ALWR) § 50.55a(b)(3)(ii) satisfies Power-operated valves other than active
Designs;’’ SECY–94–084, ‘‘Policy and § 50.55a(b)(3)(iii)(A) for MOVs. MOVs are exercised quarterly in accordance
Technical Issues Associated with the Section 50.55a(b)(3)(iii)(A) is with OM ISTC, unless justification is
Regulatory Treatment of Non-Safety consistent with the Commission policy provided in the inservice testing program for
Systems (RTNSS) in Passive Plant for new reactors summarized in an NRC testing these valves at other than Code
Designs;’’ and SECY–95–132, ‘‘Policy Staff Memorandum, ‘‘Consolidation of mandated frequencies. Although the design
and Technical Issues Associated with basis capability of power-operated valves is
SECY–94–084 and SECY–95–132,’’
the Regulatory Treatment of Non-Safety verified as part of the design and
dated July 24, 1995, that (a) the design qualification process, power-operated valves
Systems (RTNSS) in Passive Plant capability of safety-related POVs should that perform an active safety function are
Designs (SECY–94–084),’’ discuss IST be demonstrated by a qualification test tested again after installation in the plant, as
programs for new reactors licensed prior to installation; (b) prior to initial required, to ensure valve setup is acceptable
under 10 CFR part 52. startup, POV capability under design- to perform their required functions,
In recognition of new reactor designs basis differential pressure and flow consistent with valve qualification. These
and lessons learned from nuclear power should be verified by a pre-operational tests, which are typically performed under
plant operating experience, the ASME is test; and (c) during the operational static (no flow or pressure) conditions, also
updating the OM Code to incorporate document the ‘‘baseline’’ performance of the
phase, POV capability under design- valves to support maintenance and trending
improved IST provisions for basis differential pressure and flow
components used in nuclear power programs. During the testing, critical
should be verified periodically through parameters needed to ensure proper valve
plants that were issued (or will be a program similar to that developed for setup are measured. Depending on the valve
issued) construction permits, or COLs, MOVs in Generic Letter 89–10, ‘‘Safety- and actuator type, these parameters may
on or following January 1, 2000 (defined Related Motor-Operated Valve Testing include seat load, running torque or thrust,
in the OM Code as post-2000 plants). valve travel, actuator spring rate, bench set
and Surveillance,’’ dated June 28, 1989.2
The first phase of the ASME effort The condition in § 50.55a(b)(3)(iii)(A) and regulator supply pressure. Uncertainties
incorporated IST provisions that specify specifies with the same level of detail as
associated with performance of these tests
full flow pump testing and other and use of the test results (including those
the condition in § 50.55a(b)(3)(ii) that associated with measurement equipment and
clarifications for post-2000 plants in the nuclear power plant licensees must
OM Code beginning with the 2011 potential degradation mechanisms) are
establish a program to ensure the addressed appropriately. Uncertainties may
Addenda. The second phase of the continued capability of MOVs in be considered in the specification of
ASME effort incorporated preservice performing their design-basis safety acceptable valve setup parameters or in the
and inservice inspection and functions. When establishing the MOV interpretation of the test results (or a
surveillance provisions for pyrotechnic- periodic verification condition, the NRC combination of both). Uncertainties affecting
actuated (squib) valves in the 2012 provided guidance in the final rule
both valve function and structural limits are
Edition of the OM Code. The ASME is addressed. Additional testing is performed as
published September 22, 1999 (64 FR part of the air-operated valve (AOV) program,
considering further modifications to the 51370), for licensees to develop
OM Code to address additional lessons which includes the key elements for an AOV
acceptable programs that would satisfy Program as identified in the JOG AOV
learned from valve operating experience the MOV periodic verification program document, Joint Owners Group Air
and new reactor issues. As described in condition. Similarly, the NRC staff is Operated Valve Program Document, Revision
the following paragraphs, providing guidance herein for new 1, December 13, 2000 (References 203 and
§ 50.55a(b)(3)(iii) will include four reactor applicants and licensees to 204) [JOG AOV Program Document, Revision
specific conditions which are discussed develop acceptable programs to
1, December 13, 2000 (ADAMS Accession
in the following paragraphs. No. ML010950310), and NRC comment letter
periodically verify the capability of dated October 8, 1999, to Nuclear Energy
10 CFR 50.55a(b)(3)(iii)(A) Power- Institute (ADAMS Accession No.
Operated Valves 2 The NRC issued seven supplements to provide

ML020360077)]. The AOV program
guidance for the implementation of the MOV testing incorporates the attributes for a successful
The NRC is adding program requested in Generic Letter 89–10. The power-operated valve long-term periodic
§ 50.55a(b)(3)(iii)(A) to require that supplements to Generic Letter 89–10 did not
verification program, as discussed in
licensees within the scope of modify the substance of the MOV testing program
requested in Generic Letter 89–10 to provide Regulatory Issue Summary 2000–03,
§ 50.55a(b)(3)(iii) periodically verify the reasonable assurance in the capability of safety- Resolution of Generic Safety Issue 158:
capability of power-operated valves related MOVs to perform their design-basis Performance of Safety-Related Power-
(POVs) to perform their design-basis functions. Operated Valves Under Design Basis
Conditions, by incorporating lessons learned by the NRC during the licensing process § 50.55a(b)(3)(iii)(C) to clarify its intent
from previous nuclear power plant or inspections. that FIV monitoring of components may
operations and research programs as they be conducted during preservice testing
apply to the periodic testing of air- and other 10 CFR 50.55a(b)(3)(iii)(B) Check Valves
or inservice testing. This requirement
power-operated valves included in the IST The NRC is adding
program. will confirm that piping, components,
§ 50.55a(b)(3)(iii)(B) to require that restraints, and supports have been
For example, key lessons learned
addressed in the AOV program include: licensees within the scope of designed and installed to withstand the
• Valves are categorized according to their § 50.55a(b)(3)(iii) perform bi-directional dynamic effects of steady-state FIV and
safety significance and risk ranking. testing of check valves within the IST anticipated operational transient
• Setpoints for AOVs are defined based on program where practicable. Nuclear conditions. As part of preservice testing
current vendor information or valve power plant operating experience has activities, the initial test program may
qualification diagnostic testing, such that the revealed that testing check valves in be used to verify that safety-related
valve is capable of performing its design- only the flow direction can result in
basis function(s). piping and components are properly
significant degradation, such as a installed and supported such that
• Periodic static testing is performed, at a
minimum on high risk (high safety
missing valve disc, not being identified vibrations caused by steady-state or
significance) valves, to identify potential by the test. Nonmandatory Appendix M, dynamic effects do not result in
degradation, unless those valves are ‘‘Design Guidance for Nuclear Power excessive stress or fatigue in safety-
periodically cycled during normal plant Plant Systems and Component Testing,’’ related plant systems.
operation, under conditions that meet or to OM Code, 2011 Addenda and 2012 In the Vogtle Units 3 and 4 FSER, the
exceed the worst case operating conditions Edition, includes guidance for the NRC staff found the provisions
within the licensing basis of the plant for the design of new reactors to enable bi-
valve, which would provide adequate
established by the COL applicant for
directional testing of check valves. New Vogtle Units 3 and 4 in its FSAR,
periodic demonstration of AOV capability. If reactor designs will provide the
required based on valve qualification or Revision 5, Section 3.9, ‘‘Mechanical
operating experience, periodic dynamic
capability for licensees of new nuclear Systems and Components,’’ Section
testing is performed to re-verify the power plants to perform bi-directional 14.2.9, ‘‘Preoperational Test
capability of the valve to perform its required testing of check valves within the IST Descriptions,’’ and Section 14.2.10,
functions. program. Bi-directional testing of check ‘‘Startup Test Procedures,’’ with
• Sufficient diagnostics are used to collect valves in new reactors, as required by incorporation by reference of
relevant data (e.g., valve stem thrust and § 50.55a(b)(3)(iii)(B), could be corresponding sections of the AP1000
torque, fluid pressure and temperature, accomplished by valve-specific testing
stroke time, operating and/or control air Design Control Document (DCD), to
or condition monitoring activities in monitor FIV from hydrodynamic loads
pressure, etc.) to verify the valve meets the accordance with Appendix II to the OM
functional requirements of the qualification and acoustic resonance during
specification.
Code as accepted in § 50.55a. The NRC preservice testing or inservice testing to
• Test frequency is specified, and is is specifying this provision for bi- be acceptable. In particular, the NRC
evaluated each refueling outage based on directional testing of check valves for staff stated in the Vogtle Units 3 and 4
data trends as a result of testing. Frequency new reactors in § 50.55a(b)(3)(iii)(B) to FSER:
for periodic testing is in accordance with emphasize that new reactors should
References 203 and 204, with a minimum of include the capability for bi-directional AP1000 DCD Tier 2, Section 3.9.2,
5 years (or 3 refueling cycles) of data testing of check valves as part of their ‘‘Dynamic Testing and Analysis,’’ describes
collected and evaluated before extending test tests to confirm that piping, components,
initial design. restraints, and supports have been designed
intervals.
• Post-maintenance procedures include 10 CFR 50.55a(b)(3)(iii)(C) Flow- to withstand the dynamic effects of steady-
appropriate instructions and criteria to Induced Vibration state FIV and anticipated operational
ensure baseline testing is re-performed as transient conditions. Section 14.2.9.1.7,
necessary when maintenance on the valve, In the proposed rule, the NRC ‘‘Expansion, Vibration and Dynamic Effects
repair or replacement, have the potential to proposed adding § 50.55a(b)(3)(iii)(C) to Testing,’’ in AP1000 DCD Tier 2, Chapter 14,
affect valve functional performance. require that licensees subject to ‘‘Initial Test Program,’’ states that the
• Guidance is included to address lessons § 50.55a(b)(3)(iii) monitor flow-induced purpose of the expansion, vibration and
learned from other valve programs specific to vibration (FIV) from hydrodynamic dynamic effects testing is to verify that
safety-related, high energy piping and
the AOV program. loads and acoustic resonance during components are properly installed and
• Documentation from AOV testing, preservice testing and inservice testing supported such that, in addition to other
including maintenance records and records to identify potential adverse flow effects factors, vibrations caused by steady-state or
from the corrective action program are
that might impact components within dynamic effects do not result in excessive
retained and periodically evaluated as a part
the scope of the IST program. stress or fatigue to safety-related plant
of the AOV program.
Nuclear power plant operating systems. Nuclear power plant operating
* * * * * experience has revealed the potential for experience has revealed the potential for
The attributes of the AOV testing program adverse flow effects from vibration caused by
adverse flow effects from vibration
described above, to the extent that they apply hydrodynamic loads and acoustic resonance
to and can be implemented on other safety- caused by hydrodynamic loads and on reactor coolant, steam, and feedwater
related power-operated valves, such as acoustic resonance on components in systems. . . . In its response, SNC [Vogtle
electro-hydraulic operated valves, are the reactor coolant, steam, and Units 3 and 4 COL applicant] stated that it
applied to those other power-operated feedwater systems. Therefore, the intended to use the overall Initial Test
valves.’’ (Vogtle Electric Generating Plant, licensee will be required to address Program to demonstrate that the plant has
Units 3 and 4, Updated Final Safety Analysis potential adverse flow effects on safety- been constructed as designed and the
Report (UFSAR), Section 3.9.6, ‘‘Inservice related pumps, valves, and dynamic systems perform consistent with design
Testing of Pumps and Valves’’) restraints within the IST program in the requirements. SNC referenced the provisions
in the AP1000 DCD for vibration monitoring
Applicable applicants and licensees reactor coolant, steam, and feedwater and testing to be implemented at VEGP. For
may follow the method described in the systems from hydraulic loading and example, the applicant notes that AP1000
Vogtle Units 3 and 4 FSAR in satisfying acoustic resonance during plant DCD Tier 2, Section 3.9.2.1, ‘‘Piping
§ 50.55a(b)(3)(iii)(A), or may establish a operation. In response to public Vibration, Thermal Expansion and Dynamic
different method, subject to evaluation comments, the NRC revised Effects,’’ specifies that the preoperational test
program for ASME BPV Code, Section III, cooling. Active systems in passive the base testing frequency in the Code and
Class 1, 2, and 3 piping systems simulates ALWR designs are categorized as non- the original intent of the Code. Furthermore,
actual operating modes to demonstrate that safety systems with limited exceptions. the COL holder may need to test more
components comprising these systems meet frequently than during cold shutdowns or at
functional design requirements and that
Active systems in passive ALWR
every refueling outage to ensure that the
piping vibrations are within acceptable designs provide the first line of defense reliable performance of components is
levels. SNC indicates that the planned to reduce challenges to the passive commensurate with the importance of the
vibration testing program described in systems in the event of a transient at the safety functions to be performed and with
AP1000 DCD Tier 2, Sections 14.2.9 and nuclear power plant. Active systems system reliability goals. Therefore, to the
14.2.10, with the preservice and IST that provide a defense-in-depth function extent practicable, the passive ALWR piping
programs described in AP1000 DCD Tier 2, in passive ALWR designs need not meet systems should be designed to accommodate
Sections 3.9.3.4.4 and 3.9.6, will confirm the applicable Code requirements for the
all of the acceptance criteria for safety-
component installation in accordance with quarterly testing of valves. However, design
design requirements, and address the effects related systems. However, there should
configuration changes to accommodate Code-
of steady-state (flow-induced) and transient be a high level of confidence that these
required quarterly testing should be done
vibration to ensure the operability of valves active systems will be available and only if the benefits of the test outweigh the
and dynamic restraints in the IST Program. reliable when needed. The combined potential risk.
The NRC staff considers the response by SNC activities to provide confidence in the 3. The passive system designs should
clarifies its application of the provisions in capability of these active systems in incorporate provisions (1) to permit all
the AP1000 DCD to ensure that potential passive ALWR designs to perform their critical check valves to be tested for
adverse flow effects will be addressed at performance, to the extent practicable, in
VEGP. Therefore, the NRC staff considers functions important to safety are
referred to as the RTNSS program. In the both forward- and reverse-flow directions,
Standard Content Open Item 3.9–5 to be
NRC Staff Memorandum, although the demonstration of a non-safety
resolved for the VEGP COL application.’’
direction test need not be as rigorous as the
(NUREG–2124, ‘‘Final Safety Evaluation ‘‘Consolidation of SECY–94–084 and
corresponding safety direction test, and (2) to
Report Related to the Combined Licenses for SECY–95–132,’’ dated July 24, 1995, the verify the movement of each check valve’s
Vogtle Electric Generating Plant, Units 3 and NRC staff provided a consolidated list of obturator during inservice testing by
4,’’ Section 3.9.6, ‘‘Inservice Testing of the approved policy and technical
Pumps and Valves (Related to RG 1.206, observing a direct instrumentation indication
positions associated with RTNSS of the valve position such as a position
Section C.III.1, Chapter 3, C.I.3.9.6,
‘Functional Design, Qualification, and equipment in passive plant designs indicator or by using nonintrusive test
Inservice Testing Programs for Pumps, discussed in SECY–94–084 and SECY– methods.
Valves, and Dynamic Restraints’)’’). 95–132. This new paragraph specifies 4. . . . Similarly, to the extent practicable,
the need for licensees to assess the the design of non-safety-related piping
As clarified in the final rule in systems with functions under design-basis
operational readiness of RTNSS pumps,
response to public comments, a licensee condition that have been identified as being
valves, and dynamic restraints. important by the RTNSS process should
may monitor components for adverse The July 24, 1995, staff memorandum
FIV effects during preservice testing or incorporate provisions to periodically test
summarizes the Commission policy power-operated valves in the system during
IST activities. positions related to inservice testing of
Applicable applicants and licensees operations to assure that the valves meet
RTNSS pumps and valves as follows: their intended functions under design-basis
may either apply the methods described
The staff also concluded that additional conditions.
in the Vogtle Units 3 and 4 FSAR in 5. . . . Mispositioning may occur through
satisfying § 50.55a(b)(3)(iii)(C) or inservice testing requirements may be
necessary for certain pumps and valves in actions taken locally (manual or electrical), at
develop their own plant-specific a motor control center, or in the control
passive plant designs. The unique passive
methods to satisfy § 50.55a(b)(3)(iii)(C) plant design relies significantly on passive room, and includes deliberate changes of
for NRC review during the licensing safety systems, but also depends on non- valve position to perform surveillance
process. safety systems (which are traditionally safety- testing. The staff will determine if and the
related systems in current light-water extent to which this concept should be
10 CFR 50.55a(b)(3)(iii)(D) High-Risk reactors) to prevent challenges to passive applied to MOVs in important non-safety-
Non-Safety Systems systems. Therefore, the reliable performance related systems when the staff reviews the
The NRC is adding of individual components is a very implementation of the regulatory treatment of
significant factor in enhancing the safety of non-safety systems.’’ (NRC Staff
§ 50.55a(b)(3)(iii)(D) to require that
passive plant design. The staff recommends Memorandum, ‘‘Consolidation of SECY–94–
licensees within the scope of that the following provisions be applied to 084 and SECY–95–132,’’ July 24, 1995, pages
§ 50.55a(b)(3)(iii) establish a program to passive ALWR plants to ensure reliable 26–28).
assess the operational readiness of component performance.
pumps, valves, and dynamic restraints 1. Important non-safety-related Consistent with the Commission
within the scope of the Regulatory components are not required to meet criteria policy for RTNSS equipment,
Treatment of Non-Safety Systems similar to safety-grade criteria. However, the § 50.55a(b)(3)(iii)(D) specifies that new
(RTNSS) for applicable reactor designs. non-safety-related piping systems with reactor licensees shall assess the
As of the time of this final rule, these functions that have been identified as being operational readiness of pumps, valves,
important by the RTNSS process should be
are designs which have been certified in designed to accommodate testing of pumps
and dynamic restraints within the
a design certification rule under 10 CFR and valves to assure that the components RTNSS scope. This regulatory
part 52. In SECY–94–084 and SECY–95– meet their intended functions. Specific requirement will allow licensees
132, the Commission discusses RTNSS positions on the inservice testing flexibility in developing programs to
policy and technical issues associated requirements for those components will be assess operational readiness of RTNSS
with passive plant designs. Some new determined as a part of the staff’s review of components that satisfy the Commission
nuclear power plants have advanced plant-specific implementation of the policy. Guidance on the implementation
light-water reactor (ALWR) designs that regulatory treatment of non-safety systems for of the Commission policy for RTNSS
passive reactor designs.
use passive safety systems that rely on 2. . . . The vendors for advanced passive
equipment is set forth in NRC
natural forces, such as density reactors, for which the final designs are not Inspection Procedure 73758, ‘‘Part 52,
differences, gravity, and stored energy to complete, have sufficient time to include Functional Design and Qualification,
supply safety injection water and to provisions in their piping system designs to and Preservice and Inservice Testing
provide reactor core and containment allow testing at power. Quarterly testing is Programs for Pumps, Valves and
Dynamic Restraints,’’ dated April 19, Subsection ISTB in the 2011 Addenda request approval from the NRC to apply
2013. of the OM Code. Licensees will be Subsection ISTE on a plant-specific
allowed to apply Subsection ISTB with basis as a risk-informed alternative to
10 CFR 50.55a(b)(3)(iv) OM Condition:
the revised acceptable and required the applicable IST requirements in the
Check Valves (Appendix II)
action ranges in the 2012 Edition of the OM Code.
The NRC is revising § 50.55a(b)(3)(iv) OM Code as incorporated by reference Nuclear power plant applicants for
to address Appendix II, ‘‘Check Valve in § 50.55a. construction permits under 10 CFR part
Condition Monitoring Program,’’ 50, or combined licenses for
provided in the 2003 Addenda through 10 CFR 50.55a(b)(3)(viii) OM Condition: construction and operation under 10
the 2012 Edition of the OM Code. In the Subsection ISTE CFR part 52, may describe their
proposed rule, the NRC proposed a The NRC is adding § 50.55a(b)(3)(viii) proposed implementation of the risk-
condition in § 50.55a(b)(3)(iv) to provide to specify that licensees who wish to informed IST approach specified in
assurance that the valve or group of implement Subsection ISTE, ‘‘Risk- Subsection ISTE of the OM Code for
valves is capable of performing its Informed Inservice Testing of NRC review in their applications.
intended function(s) over the entire Components in Light-Water Reactor
interval. Public comments indicated Nuclear Power Plants,’’ of the OM Code, 10 CFR 50.55a(b)(3)(ix) OM Condition:
that the proposed condition could be 2009 Edition, 2011 Addenda, and 2012 Subsection ISTF
misinterpreted. Therefore, the NRC Edition, must request and obtain NRC The NRC is adding a condition on the
revised the proposed condition to approval in accordance with § 50.55a(z) use of Subsection ISTF in
clarify that the implementation of to apply Subsection ISTE on a plant- § 50.55a(b)(3)(ix). First, the condition
Appendix II must include periodic specific basis as a risk-informed states that Subsection ISTF, 2011
sampling of the check valves over the alternative to the applicable IST Addenda, is prohibited for use. Second,
maximum interval allowed by requirements in the OM Code. the condition specifies that licensees
Appendix II for the check valve In the 2009 Edition of the OM Code, applying Subsection ISTF, ‘‘Inservice
condition monitoring program. A new the ASME included new Subsection Testing of Pumps in Light-Water Reactor
table was added to the paragraph to ISTE that describes a voluntary risk- Nuclear Power Plants—Post-2000
specify the maximum intervals between informed approach in developing an IST Plants,’’ in the 2012 Edition of the OM
check valve condition monitoring program for pumps and valves at Code shall satisfy the requirements of
activities when applying interval nuclear power plants. If a licensee Mandatory Appendix V, ‘‘Pump
extensions. chooses to implement this risk-informed Periodic Verification Test Program,’’ of
The conditions currently specified for IST approach, Subsection ISTE the OM Code, 2012 Edition.
the use of Appendix II, 1995 Edition indicates that all requirements in As previously discussed regarding the
with the 1996 and 1997 Addenda, and Subsection ISTA, ‘‘General new condition in § 50.55a(b)(3)(vii), the
1998 Edition through the 2002 Requirements,’’ Subsection ISTB, and upper end of the ‘‘Acceptable Range’’
Addenda, of the OM Code remain Subsection ISTC, ‘‘Inservice Testing of and the ‘‘Required Action Range’’ for
unchanged by this final rule. Valves in Light-Water Reactor Nuclear flow and differential or discharge
Power Plants,’’ of the OM Code continue pressure for comprehensive pump
10 CFR 50.55a(b)(3)(vii) OM Condition:
to apply, except those identified in testing in Subsection ISTB in the OM
Subsection ISTB
Subsection ISTE. The ASME selected Code was raised to higher values in
The NRC is adding a new condition, risk-informed guidance from OM Code combination with the incorporation of
§ 50.55a(b)(3)(vii), to prohibit the use of Cases OMN–1, OMN–3, OMN–4, Mandatory Appendix V, ‘‘Pump
Subsection ISTB, ‘‘Inservice Testing of ‘‘Requirements for Risk Insights for Periodic Verification Test Program.’’
Pumps in Light-Water Reactor Nuclear Inservice Testing of Check Valves at However, the 2011 Addenda of the OM
Power Plants,’’ in the 2011 Addenda of LWR Power Plants,’’ OMN–7, Code does not include Appendix V. In
the OM Code. In the 2011 Addenda to ‘‘Alternative Requirements for Pump addition, Subsection ISTF in the 2011
the OM Code, the upper end of the Testing,’’ OMN–11, and OMN–12, Addenda and 2012 Edition of the OM
‘‘Acceptable Range’’ and the ‘‘Required ‘‘Alternative Requirements for Inservice Code does not include a requirement for
Action Range’’ for flow and differential Testing Using Risk Insights for a pump periodic verification test
or discharge pressure for comprehensive Pneumatically and Hydraulically program. Therefore, the new condition
pump testing in Subsection ISTB was Operated Valve Assemblies in Light- in § 50.55a(b)(3)(ix) requires that the
raised to higher values. The NRC staff Water Reactor Power Plants,’’ in provisions of Appendix V be applied
on the OM Code committee accepted the preparing Subsection ISTE of the OM when implementing Subsection ISTF of
proposed increase of the upper end of Code. the 2012 Edition of the OM Code to
the ‘‘Acceptable Range’’ and ‘‘Required During development of Subsection support the application of the upper end
Action Range’’ with the planned ISTE, the NRC staff participating on the of the Acceptable Range and the
addition of a requirement for a pump OM Code committees indicated that the Required Action Range for flow and
periodic verification test program in the conditions specified in RG 1.192 for the differential or discharge pressure for
OM Code. However, the 2011 Addenda use of the applicable OM Code Cases inservice pump testing in Subsection
to the OM Code did not include the need to be considered when evaluating ISTF.
requirement for a pump periodic the acceptability of the implementation
verification test program. Since then, of Subsection ISTE. In addition, the 10 CFR 50.55a(b)(3)(xi) OM Condition:
the 2012 Edition of the OM Code has NRC staff noted that several aspects of Valve Position Indication
incorporated Mandatory Appendix V, Subsection ISTE will need to be The NRC is adding § 50.55a(b)(3)(xi)
‘‘Pump Periodic Verification Test addressed on a case-by-case basis when to emphasize the provisions in OM
Program,’’ which supports the changes determining the acceptability of its Code, 2012 Edition, Subsection ISTC–
to the acceptable and required action implementation. Therefore, the new 3700, ‘‘Position Verification Testing,’’ to
ranges for comprehensive pump testing condition in § 50.55a(b)(3)(viii) requires verify that valve obturator position is
in Subsection ISTB. Therefore, the new that licensees who wish to implement accurately indicated. Subsection ISTC–
§ 50.55a(b)(3)(vii) prohibits the use of Subsection ISTE of the OM Code must 3700 of the OM Code requires that
valves with remote position indicators remote position indicators is accurately Public comments on the alignment of
shall be observed locally at least once indicated. For example, NUREG–1482 the IST program scope in § 50.55a(f)(4)
every 2 years to verify that valve refers to various methods to verify valve indicated that the nuclear industry is
operation is accurately indicated. operation, such as nonintrusive addressing the requirements in 10 CFR
Subsection ISTC–3700 states that where techniques, flow initiation or absence of part 50, appendices A and B, to
practicable, this local observation flow, leak testing, and pressure testing. establish an IST program for safety-
should be supplemented by other The extent of verification necessary for related pumps and valves that are not
indications, such as the use of flow valve operation to satisfy ISTC–3700 classified as ASME BPV Code Class 1,
meters or other suitable instrumentation will depend on the type of valve, the 2, or 3 components through either the
to verify obturator position. Subsection sophistication of the diagnostic OM Code provisions or augmented IST
ISTC–3700 also states that where local equipment used in testing the valve, programs. For example, one public
observation is not possible, other possible failure modes of the valve, and commenter indicated that generally,
indications shall be used for verification the operating history of the valve and augmented IST programs are designed
of valve operation. Nuclear power plant similar valve types. To satisfy ISTC– to meet the OM Code where practicable,
operating experience has revealed that 3700, the licensee is responsible for but relief requests are not required when
reliance on indicating lights and stem developing and implementing a method alternate testing is necessary. The NRC
travel are not sufficient to satisfy the to provide reasonable assurance that regulations in § 50.55a address the
requirement in ISTC–3700 to verify that valve operation is accurately indicated. concept of augmented IST programs for
valve operation is accurately indicated. The NRC is requiring this condition pumps and valves at nuclear power
Appendix A, ‘‘General Design Criteria for the implementation of the 2012 plants. For example, § 50.55a(f)(6)(ii),
for Nuclear Power Plants,’’ to 10 CFR Edition of the OM Code for the 120- ‘‘Augmented IST requirements,’’
part 50 requires that where generally month IST interval in order to allow indicates that the licensee may follow
recognized codes and standards are additional time for licensees to comply an augmented IST program for pumps
used, they shall be identified and with this condition. and valves for which the NRC deems
evaluated to determine their 10 CFR 50.55a(f): Preservice and that added assurance of operational
applicability, adequacy, and sufficiency, Inservice Testing Requirements readiness is necessary. The NRC finds
and shall be supplemented or modified that an augmented IST program as
The NRC is revising the introductory
as necessary to assure a quality product addressed in § 50.55a(f)(6)(ii) is
text of § 50.55a(f) to indicate that
in keeping with the required safety acceptable for safety-related pumps and
systems and components must meet the
function. This new condition specifies valves that are not classified as ASME
requirements for ‘‘preservice and
that when implementing OM Code, BPV Code Class 1, 2, or 3 components.
inservice testing’’ in the applicable
Subsection ISTC–3700, licensees shall Public commenters were concerned
ASME Codes and that both activities are
verify that valve operation is accurately that the alignment of the scope of the
referred to as ‘‘inservice testing’’ in the
indicated by supplementing valve OM Code and § 50.55a would cause a
remainder of paragraph (f). The change
position indicating lights with other potential paperwork burden for the
clarifies that the OM Code includes
indications, such as flow meters or other submittal of relief or alternative requests
provisions for preservice testing of
suitable instrumentation, to provide for safety-related pumps and valves that
components as part of its overall
assurance of proper obturator position. are not classified as ASME BPV Code
provisions for IST programs. No
The OM Code specifies obturator Class 1, 2, or 3 components. In response
expansion of IST program scope was
movement verification in order to detect to these comments, the NRC included a
intended by this clarification.
certain internal valve failure modes In the proposed rule, the NRC provision in § 50.55a(f)(4) that the IST
consistent with the definition of included references to the OM Code in requirements for pumps and valves that
‘exercising’ found in ISTA–2000, § 50.55a(f)(3)(iii)(A), Class 1 Pumps and are within the scope of the OM Code but
‘‘Definitions,’’ (i.e., demonstration that Valves: First Provision; are not classified as ASME BPV Code
the moving parts of a component § 50.55a(f)(3)(iii)(B), Class 1 Pumps and Class 1, Class 2, or Class 3 may be
function). Verification of the ability of Valves: Second Provision; satisfied as an augmented IST program
an obturator to change or maintain § 50.55a(f)(3)(iv)(A), Class 2 and 3 in accordance with § 50.55a(f)(6)(ii)
position is an essential element of valve Pumps and Valves: First Provision; and without requesting relief under
operational readiness determination, § 50.55a(f)(3)(iv)(B): Second Provision; § 50.55a(f)(5) or alternatives under
which is a fundamental aspect of the to align the regulatory language with the § 50.55a(z). This use of an augmented
OM Code. current ASME OM Code used for IST IST program may be acceptable
The NRC initially emphasized the programs. Because § 50.55a(f)(3)(iii) and provided the basis for deviations from
ASME OM Code requirement for valve (iv) specifically reference Class 1, 2, or the OM Code, as incorporated by
position indication in 1995 in the 3 pumps and valves, the proposed reference in this section, demonstrates
original issuance of NUREG–1482, changes to these paragraphs referencing an acceptable level of quality and safety,
‘‘Guidelines for Inservice Testing at the OM Code are unnecessary and have or that implementing the Code
Nuclear Power Plants,’’ paragraph 4.2.5. not been adopted in this final rule. provisions would result in hardship or
The NRC’s position is further elaborated unusual difficulty without a
in NUREG–1482 (Revision 2), 10 CFR 50.55a(f)(4) Inservice Testing compensating increase in the level of
‘‘Guidelines for Inservice Testing at Standards Requirement for Operating quality and safety, where documented
Nuclear Power Plants: Inservice Testing Plants and available for NRC review. This
of Pumps and Valves and Inservice The NRC is revising § 50.55a(f)(4) to additional provision avoids the
Examination and Testing of Dynamic clarify that this paragraph is applicable potential paperwork burden for the
Restraints (Snubbers) at Nuclear Power to pumps and valves that are within the submittal of relief or alternative requests
Plants,’’ paragraph 4.2.7. As discussed scope of the OM Code. This revision by allowing the licensee to maintain the
in NUREG–1482 (Revision 2), ISTC– aligns the scope of pumps and valves for documentation demonstrating an
3700 allows flexibility to licensees in inservice testing with the scope defined acceptable level of quality and safety on
verifying that operation of valves with in the OM Code. site for NRC review, as appropriate. The
documentation and availability of the D. ASME Code Cases required the implementation of ASME
basis for deviations from the OM Code BPV Code Case N–729–1, with certain
Administrative Changes to References in
for NRC review are acceptable for conditions.
§ 50.55a to NRC Regulatory Guides The application of ASME BPV Code
pumps and valves within the scope of
Identifying ASME Code Cases Approved Case N–729–1 was necessary because
the OM Code but not classified as ASME
for Use by the NRC the inspections required by the 2004
BPV Code Class 1, 2, or 3, based on their
lower safety significance in comparison The NRC is removing the revision Edition of the ASME BPV Code, Section
to ASME BPV Code Class 1, 2, and 3 number of the three RGs currently XI were not written to address
pumps and valves. approved by the Office of the Federal degradation of the RPV upper head
Register for incorporation by reference penetration nozzles and associated
10 CFR 50.55a(g)(4) Inservice Inspection throughout the substantive provisions of welds by primary water stress corrosion
Standards Requirement for Operating § 50.55a addressing the ASME Code cracking (PWSCC). The safety
Plants Cases, i.e., paragraphs (b) through (g). consequences of inadequate inspections
The NRC recognizes that updating an The revision numbers for the RGs can be significant. The NRC’s
Appendix VIII program is a complex approved for incorporation by reference determination that the ASME BPV Code
and time-consuming process. The NRC (currently, RG 1.84, RG 1.147, and RG required inspections are inadequate is
also recognizes that licensees would 1.192) will be retained in based upon operating experience and
§ 50.55a(a)(3)(i) through (iii), where the analysis. The absence of an effective
face the possibility of needing to
RGs are listed by full title, including inspection regime could, over time,
maintain multiple Appendix VIII
revision number. These changes result in unacceptable circumferential
programs if units were to update their
simplify the regulatory language cracking, or the degradation of the RPV
ISI programs on different dates.
containing cross-references to these RGs upper head or other reactor coolant
Maintaining certifications to multiple
and reduce the possibility of NRC error system components by leakage assisted
Appendix VIII programs would be very
in preparing future amendments to corrosion. These degradation
complicated, while not improving the
§ 50.55a with respect to these RGs. mechanisms increase the probability of
effectiveness of the programs. Based on
These changes are administrative in a loss-of-coolant accident.
public comments, and to assist licensees Examination frequencies and methods
in updating and coordinating their ISI nature and do not change substantive
requirements with respect to the RGs for RPV upper head penetration nozzles
programs, the NRC is adding two and welds are provided in ASME BPV
options to the regulations. First, the and the Code Cases listed in the RGs.
Code Case N–729–1. The use of code
NRC is revising § 50.55a(g)(4)(i) and (ii) Administrative Changes To Comply cases is voluntary, so these provisions
to clarify that a licensee whose ISI With Requirements for Incorporation by were developed, in part, with the
interval commences during the 12- to Reference expectation that the NRC would
18-month period after the approval date The NRC is revising § 50.55a(a)(1)(iii) incorporate the code case by reference
of this final rule, may delay the update to maintain the ASME Code Cases in into the CFR. Therefore, the NRC
of their Appendix VIII program by up to alphanumeric order. adopted rule language in
18 months after the approval date of this § 50.55a(g)(6)(ii)(D) requiring
final rule. This will provide licensees Organization of NRC’s Discussion of the implementation of ASME BPV Code
with enough time to incorporate the Six ASME Code Cases Incorporated by Case N–729–1, with conditions, in order
changes for the new Appendix VIII Reference in This Final Rule to enhance the examination
program. Second, the NRC is adding the The discussions under the following requirements in the ASME BPV Code,
option for licensees to update their ISI headings address four of the six ASME Section XI for RPV upper head
program to use the latest edition and Code Cases being incorporated by penetration nozzles and welds. The
addenda of Appendix VIII incorporated reference in this rulemaking (N–729–4, examinations conducted in accordance
by reference in § 50.55a(a)(1) at any time N–770–2, N–824, and OMN–20). A fifth with ASME BPV Code Case N–729–1
in the licensee’s ten-year interval. ASME Code Case, N–852, is discussed provide reasonable assurance that
Licensees can normally update their ISI in Section II.A, ‘‘ASME BPV Code, ASME BPV Code allowable limits will
programs using all or portions of newer Section III,’’ because the NRC’s approval not be exceeded and that PWSCC will
versions of ASME BPV Code Section XI of that Code Case relates to a provision not lead to failure of the RPV upper
under § 50.55a(g)(4)(iv), subject to NRC of Section III, which is addressed in head penetration nozzles or welds.
review and approval. While some § 50.55a(b)(1)(ix). The sixth ASME Code However, the NRC concluded that
requests to use portions of ASME BPV Case, N–513–3, is discussed in Section certain conditions were needed in
Code Section XI require a detailed II.B, ‘‘ASME BPV Code, Section XI,’’ implementing the examinations in
review by the NRC, a licensee asking to because the NRC’s approval of that Code ASME BPV Code Case N–729–1. These
use the entire latest incorporated-by- Case relates to a provision of Section XI, conditions are set forth in
reference version of Appendix VIII which is addressed in § 50.55a(g)(6)(ii)(D).
would certainly be approved by the § 50.55a(b)(2)(xxxiv). On June 22, 2012, the ASME
NRC staff in this process. This provision approved the fourth revision of ASME
will, therefore, allow licensees to use ASME BPV Code Case N–729–4 BPV Code Case N–729 (N–729–4). This
the latest incorporated version of On September 10, 2008, the NRC revision changed certain requirements
Appendix VIII, as long as it is coupled issued a final rule to update § 50.55a to based on a consensus review of
with the same edition and addenda of the 2004 Edition of the ASME BPV Code inspection techniques and frequencies.
Appendix I, without the NRC review (73 FR 52730). As part of the final rule, These changes were deemed necessary
and approval process. This will allow § 50.55a(g)(6)(ii)(D) implemented an by the ASME to supersede the previous
licensees to coordinate their ISI augmented ISI program for the requirements under N–729–1 to
programs and use the latest approved examination of pressurized water establish an effective long-term
version of Appendix VIII without the reactor RPV upper head penetration inspection program for the RPV upper
delay imposed by submitting a relief nozzles and associated partial head penetration nozzles and associated
request under § 50.55a (g)(4)(iv). penetration welds. The program welds in pressurized water reactors. The
major changes included incorporation of mechanism of concern. This ranking of weld can reliably detect flaws in the
previous NRC conditions in the CFR. effective degradation years was based on weld. Unfortunately, this examination
Minor changes were also made to a simple time at temperature cannot size the flaws in the weld, and,
address editorial issues, to correct correlation. All of the upper heads if performed manually, requires
figures or to add clarity. within this category, with the exception significant radiological dose to examine
The NRC is updating the requirements of new heads using Alloy 600 all of the partial penetration welds on
of § 50.55a(g)(6)(ii)(D) to require penetration nozzles, were considered to the upper head. As such, the available
licensees to implement ASME BPV have lower susceptibility to cracking techniques are only able to detect a flaw
Code Case N–729–4, with conditions. due to the upper heads being at or near after it has caused leakage. These
One existing condition on ASME BPV the cold leg operating temperature of the techniques are a bare metal visual
Code Case N–729–1 has been modified, reactor coolant system. Therefore, these examination or a volumetric leak path
four existing conditions are being plants were referred to as having ‘‘cold assessment performed on the frequency
deleted in this final rule, one existing heads.’’ All of the upper heads that had of the volumetric examination.
condition is being redesignated without experienced cracking prior to 2006 were Volumetric leak path examinations
substantive change, and two new near the hot leg operating temperature are only done during outages when a
conditions—in § 50.55a(g)(6)(ii)(D)(3) of the reactor coolant system, which volumetric examination of the nozzle is
and (4)—are adopted in this final rule in validated the time at temperature performed. Therefore, under the current
order to address the changes in ASME model. requirements allowed by Note 4 of
BPV Code Case N–729–4. The NRC’s In 2006, one of the 21 ‘‘cold head’’ ASME BPV Code Case N–729–4, leakage
revisions to the conditions are discussed plants identified two indications within from a crack in the weld of a ‘‘cold
under the next three headings. As a penetration nozzle and the associated head’’ plant could start and continue to
discussed earlier, this final rule partial penetration weld. Then, between grow for the 5 years between the
incorporates by reference ASME BPV 2006 and 2013, five of the 21 ‘‘cold required bare metal visual examinations
Code Case N–729–4 into head’’ plants identified multiple to detect leakage through the partial
§ 50.55a(a)(1)(iii)(C). indications within fifteen different penetration weld.
penetration nozzles and the associated Given the additional cracking
10 CFR 50.55a(g)(6)(ii)(D)(1) partial penetration welds. None of these identified at cold leg temperatures of
Implementation indications caused leakage, and upper head penetration nozzles and
The NRC is revising volumetric examination of the associated welds, the NRC finds limited
§ 50.55a(g)(6)(ii)(D)(1) to change the penetration nozzles showed that no basis to continue to categorize these
version of ASME BPV Code Case N–729 flaws in the nozzle material had grown ‘‘cold head’’ plants as having a low
from N–729–1 to N–729–4 for the through-wall; however, this increasing susceptibility to crack initiation. The
reasons previously set forth. Due to the trend creates a reasonable safety NRC is increasing the frequency of the
incorporation of N–729–4, the date to concern. bare metal visual examinations of ‘‘cold
establish applicability for licensed Recent operational experience has heads’’ to identify potential leakage as
pressurized water reactors will be shown that the volumetric inspection of soon as reasonably possible due to the
changed to the effective date of this final penetration nozzles, at the current volumetric examination limitations.
rule. inspection frequency, is adequate to Therefore, the NRC is conditioning Note
identify indications in the nozzle 4 of ASME BPV Code Case N–729–4 to
10 CFR 50.55a(g)(6)(ii)(D)(2) Through (6) material prior to leakage; however, require a bare metal visual exam during
(Removed) volumetric examinations cannot be each outage in which a volumetric exam
The NRC is removing the existing performed on the partial penetration is not performed. The NRC also will
conditions in § 50.55a(g)(6)(ii)(D)(2) welds. Therefore, given the additional allow ‘‘cold head’’ plants to extend their
through (5) and redesignating the cracking identified at cold leg bare metal visual inspection frequency
condition currently in temperatures, the NRC staff has from once each refueling outage, as
§ 50.55a(g)(6)(ii)(D)(6) as concerns about the adequacy of the stated in Table 1 of N–729–1, to once
§ 50.55a(g)(6)(ii)(D)(2) without any partial penetration weld examinations. every 5 years, but only if the licensee
substantive change. The existing Leakage from a partial penetration performed a wetted surface examination
conditions in § 50.55a(g)(6)(ii)(D)(2) weld into the annulus between the of all of the partial penetration welds
through (5) have all been incorporated nozzle and head material can cause during the previous volumetric
either verbatim or more conservatively corrosion of the low alloy steel head. examination. Applying the conditioned
in the revisions to ASME BPV Code While initially limited in leak rate, due bare metal visual inspection frequency
Case N–729, up to version N–729–4. to limited surface area of the weld being or a volumetric examination each outage
Therefore, there is no reason to retain in contact with the annulus region, will allow licensees to identify any
these conditions in § 50.55a. corrosion of the vessel head material potential leakage through the partial
can expose more of the weld surface to penetration welds prior to significant
10 CFR 50.55a(g)(6)(ii)(D)(3) Bare Metal the annulus, allowing a greater leak rate. degradation of the low alloy steel head
Visual Frequency (New Condition) Since an indication in the weld cannot material, thereby providing reasonable
The NRC is adopting a new condition be identified by a volumetric inspection, assurance of the structural integrity of
in § 50.55a(g)(6)(ii)(D)(3) to modify the a postulated crack through the weld, the reactor coolant pressure boundary.
option in ASME BPV Code Case N–729– just about to cause leakage, could exist These issues, including the
4 to extend bare metal visual as a plant performed its last volumetric operational experience, the fact that
inspections of the RPV upper head and/or bare metal visual examination of volumetric examination is not available
surface beyond the frequency listed in the upper head material. This gives the to interrogate the partial penetration
Table 1 of the Code Case. Previously, crack years to breach the surface and welds, and potential regulatory options,
upper heads aged with less than eight leak prior to the next scheduled visual were discussed publicly at multiple
effective degradation years were examination. ASME BPV Code meetings, at the
considered to have a low probability of Only a surface examination of the annual Materials Programs Technical
initiating PWSCC, the cracking wetted surface of the partial penetration Information Exchange public meeting
held at the NRC Headquarters in June Fabricated with UNS N06082 or UNS 10 CFR 50.55a(g)(6)(ii)(F)(3) Baseline
2013, and at the 2013 NRC Regulatory N86182 Weld Filler Material With or Examinations
Information Conference. Without Application of Listed
Mitigation Activities,’’ with certain The NRC is revising
10 CFR 50.55a(g)(6)(ii)(D)(4) Surface § 50.55a(g)(6)(ii)(F)(3) to clarify the
conditions.
Exam Acceptance Criteria (New On June 9, 2011, the ASME approved baseline examination requirements by
Condition) the second revision of ASME BPV Code stating that previously-conducted
The NRC is adopting a new condition Case N–770 (N–770–2). The major examinations, in order to count as
in § 50.55a(g)(6)(ii)(D)(4) to define changes from N–770–1 to N–770–2 baseline examinations, must meet the
surface examination acceptance criteria. included establishing new ASME BPV requirements of ASME BPV Code Case
Paragraph –3132(b) of ASME BPV Code Code Case, Table 1, inspection item N–770–2, as conditioned in this section.
Case N–729–4 sets forth the acceptance classifications for optimized weld The 2011 rule required the use of ASME
criteria for surface examinations. In overlays and allowing alternatives when BPV Code Section XI Appendix VIII
general, throughout Section XI of the complete inspection coverage cannot be qualifications for baseline examinations,
ASME BPV Code, the acceptance met. Minor changes were also made to which is stricter than N–770–2 and does
criteria for surface examinations default address editorial issues, to correct not provide requirements for optimized
to Section III, Paragraph NB–5352, figures, or to add clarity. The NRC weld overlays. The revision also
‘‘Acceptance Standards.’’ Typically, for found that the updates and updates the deadline for baseline
rounded indications, the indication was improvements in N–770–2 are sufficient examination requirements, since the
only unacceptable if it was greater than to update § 50.55a(g)(6)(ii)(F). January 20, 2012, deadline from the
3⁄16-inch in size. The NRC requested that
The NRC, therefore, is updating the previous rule has passed. Finally, upon
the code case authors include a requirements of § 50.55a(g)(6)(ii)(F) to implementation of this rule, if a licensee
requirement that any size rounded require licensees to implement ASME is currently in an outage, then the
indication causing nozzle leakage is BPV Code Case N–770–2, with baseline inspection requirement can be
unacceptable due to operating conditions. The NRC conditions have met by performing the inspections in
experience identifying PWSCC under been modified to address the changes in accordance with the previous regulatory
rounded indications less than 3⁄16-inch ASME BPV Code Case N–770–2 and to requirements of § 50.55a(g)(6)(ii)(F), in
in size. ensure that this regulatory framework lieu of the examination requirements of
Recently, the ASME BPV Code will provide adequate protection of Paragraphs –2500(a) or –2500(b) of
Committee approved an interpretation public health and safety. The following ASME BPV Code Case N–770–2.
of the language in Paragraph –3132(b), sections discuss each of the NRC’s
which implied that any size rounded changes to the conditions on ASME BPV 10 CFR 50.55a(g)(6)(ii)(F)(4)
indication is acceptable unless there is Code Case N–770–2. As discussed Examination Coverage
relevant indication of nozzle leakage, earlier, this final rule incorporates by The NRC is revising
even those greater than 3⁄16-inch. The reference ASME BPV Code Case N–770– § 50.55a(g)(6)(ii)(F)(4) to define
NRC does not agree with the 2 into § 50.55a(a)(1)(iii)(D). examination coverage for
interpretation and maintains its original
10 CFR 50.55a(g)(6)(ii)(F)(1) circumferential flaws and to prohibit the
position on rounded indications that
Implementation use of Paragraph –2500(d) of ASME BPV
any size rounded indication is
The NRC is revising Code Case N–770–2 which, in some
unacceptable if there is an indication of
§ 50.55a(g)(6)(ii)(F)(1) to change the circumstances, allows unacceptably low
leakage. Since the adoption of ASME
version of ASME BPV Code Case N–770 examination coverage. Paragraph
BPV Code Case N–729–1 into
from N–770–1 to N–770–2 and to –2500(d) of N–770–2 would allow the
§ 50.55a(g)(6)(ii)(D), all licensees have
require its implementation, with reduction of circumferential volumetric
used the NRC’s position in
conditions, to incorporate the updates examination coverage with analytical
implementing Paragraph –3132(b), even
and improvements contained in N–770– evaluation. Paragraph –2500(c) was
after the recent ASME BPV Code
2. The NRC will allow licensees to begin previously prohibited from use, and it
Committee interpretation approval over
using N–770–2 on the effective date of continues to be prohibited. The NRC is
NRC objection.
this rule. establishing an essentially 100 percent
Therefore, in order to ensure
volumetric examination coverage
compliance with the previous and
10 CFR 50.55a(g)(6)(ii)(F)(2) requirement, including greater than 90
ongoing requirement, the NRC is
Categorization percent of the required volumetric
revising condition
The NRC is revising examination coverage, for
§ 50.55a(g)(6)(ii)(D)(4) to include clarity
§ 50.55a(g)(6)(ii)(F)(2) to provide circumferential flaws to provide
within the acceptance criteria for
clarification regarding categorization of reasonable assurance of structural
surface examinations. The current
each Alloy 82/182 butt weld, mitigated integrity of all ASME BPV Code Class 1
edition requirements of NB–5352 of
or not, under N–770–2. This paragraph butt welds susceptible to PWSCC.
ASME BPV Code, Section III for the
also clarifies the NRC’s position that Therefore, the NRC is adopting a
licensee’s ongoing 10-year inservice
Paragraph –1100(e) shall not be used to condition prohibiting the use of
inspection interval shall be met.
exempt welds that rely on Alloy 82/182 Paragraphs –2500(c) and –2500(d). A
ASME BPV Code Case N–770–2 for structural integrity from more licensee may request approval for use of
On June 21, 2011 (76 FR 36232), the frequent ISI schedules until the NRC has these paragraphs under 10 CFR
NRC issued a final rule, which included reviewed and authorized an alternative 50.55a(z).
§ 50.55a(g)(6)(ii)(F) that requires the categorization for the weld. 10 CFR 50.55a(g)(6)(ii)(F)(5) Inlay/Onlay
implementation of ASME BPV Code Additionally, the NRC will change the Inspection Frequency
Case N–770–1, ‘‘Alternative inspection item categories for full
Examination Requirements and structural weld overlays from C to C–1 The NRC is revising
Acceptance Standards for Class 1 PWR and F to F–1 due to reclassification § 50.55a(g)(6)(ii)(F)(5) to add the
Piping and Vessel Nozzle Butt Welds under ASME BPV Code Case N–770–2. explanatory heading, ‘‘Inlay/onlay
inspection frequency,’’ and to make of the first inservice examination of accordance with Appendix VIII for
minor editorial corrections. uncracked welds mitigated with supplements that have not been
optimized weld overlays, Inspection developed, the requirements of
10 CFR 50.55a(g)(6)(ii)(F)(6) Reporting
Item C–2. Appendix III apply. Appendix III
Requirements Previously, under N–770–1, the initial requirements are not equivalent to
The NRC is revising inservice examination of these welds Appendix VIII requirements. For the
§ 50.55a(g)(6)(ii)(F)(6) to add the was not allowed to be deferred. volumetric examination of ASME BPV
explanatory heading, ‘‘Reporting Allowing deferral of the initial inservice Code Class 1 welds, the NRC has
requirements.’’ examination in accordance with N–770– established the requirement for
2 could, in certain circumstances, allow examination qualification under the
10 CFR 50.55a(g)(6)(ii)(F)(7)
the initial inservice examination to be Appendix VIII. Therefore, the NRC is
Defining ‘‘t’’
performed up to 20 years after adopting a condition requiring the use
The NRC is revising installation. Therefore, the NRC is of Appendix VIII qualifications to meet
§ 50.55a(g)(6)(ii)(F)(7) to add the adopting a condition which would the inspection requirements of
explanatory heading, ‘‘Defining ‘t’.’’ preclude the deferral of the initial Paragraph –2500(a) of ASME BPV Code
10 CFR 50.55a(g)(6)(ii)(F)(8) Optimized inservice examination of uncracked Case N–770–2 by January 1, 2022.
Weld Overlay Examination welds mitigated by optimized weld The development of a sufficient
overlays. number of mockups would be required
The NRC is revising to establish an Appendix VIII program
§ 50.55a(g)(6)(ii)(F)(8) to add the 10 CFR 50.55a(g)(6)(ii)(F)(10)
for examination of ASME BPV Code
explanatory heading, ‘‘Optimized weld Examination Technique
Class 1 piping and vessel nozzle butt
overlay examination,’’ and to maintain The NRC is revising welds through cast stainless steel
the requirement for the timing of the § 50.55a(g)(6)(ii)(F)(10) to add the materials. The NRC recognizes that
initial inservice examination of explanatory heading, ‘‘Examination significant time and resources are
optimized weld overlays. technique,’’ and to address changes in required to create mockups and to allow
Uncracked welds mitigated with ASME BPV Code Case N–770–2. Note for qualification of equipment,
optimized weld overlays were re- 14(a) of Table 1 of ASME BPV Code procedures and personnel. Therefore,
categorized by ASME BPV Code Case Case N–770–2 provides the previously the NRC is requiring licensees to use
N–770–2 from Inspection Item D to required full examination requirement these Appendix VIII qualifications no
Inspection Item C–2; however, the for optimized weld overlays. The later than their first scheduled weld
initial inspection requirement was not language of ASME BPV Code Case N– examinations involving cast stainless
incorporated into the Code Case for 770–2, however, does not require the steel materials occurring after January 1,
Inspection Item C–2. The NRC has implementation of the full examination 2022.
determined that uncracked welds requirements of Note 14(a) of Table 1, if
mitigated with an optimized weld possible, before implementing the 10 CFR 50.55a(g)(6)(ii)(F)(12) Stress
overlay must have an initial inservice reduced examination coverage Improvement Inspection Coverage
examination no sooner than the third requirements of Note 14(b) of Table 1 or The NRC is adding
refueling outage and no later than 10 Note (b) of Figure 5(a). The NRC agrees § 50.55a(g)(6)(ii)(F)(12) to clarify the
years following the application of the that reduced examination coverage is examination coverage requirements
weld overlay to identify unacceptable the best alternative if the full allowed under Appendix I of ASME
crack growth. Optimized weld overlays examination cannot be met; however, BPV Code Case N–770–2 for butt welds
establish compressive stress on the the full examination requirement should joining cast stainless steel material.
inner half thickness of the weld, but the be implemented, if possible, before the Under current ASME BPV Code, Section
outer half thickness may also be under option of reduced examination coverage XI, Appendix VIII requirements, the
tensile stress. The requirement for an is allowed. Therefore, the NRC is volumetric examination of butt welds
initial inservice examination no sooner modifying the current condition in through cast stainless steel materials is
than the third refueling outage and no § 50.55a(g)(6)(ii)(F)(10) to allow the use under Supplement 9. Supplement 9
later than 10 years following the of Note 14(b) of Table 1 and Note (b) of rules are still being developed by the
application of the weld overlay is based Figure 5(a) of ASME BPV Code Case N– ASME BPV Code. Therefore, it is
on the design of optimized weld 770–2 only after the determination that currently impossible to meet the
overlays, which require the outer the requirements of Note 14(a) of Table requirement of Paragraph I.5.1 for butt
quarter thickness of the susceptible 1 of ASME BPV Code Case N–770–2 welds joining cast stainless steel
material to provide structural integrity cannot be met. material.
for the weld. Therefore, the NRC is The material of concern is the weld
10 CFR 50.55a(g)(6)(ii)(F)(11) Cast material susceptible to PWSCC
continuing adoption of the condition,
Stainless Steel adjoining the cast stainless steel
which requires the initial inservice
examination of uncracked welds The NRC is adding material. Appendix VIII qualified
mitigated by optimized weld overlay § 50.55a(g)(6)(ii)(F)(11) to address procedures are available to perform the
(i.e., the welds which are subject to examination requirements through cast inspection of the susceptible weld
Inspection Item C–2 of ASME BPV Code stainless steel materials by requiring the material, but they are not qualified to
Case N–770–2) within the specified use of Appendix VIII qualifications to inspect the cast stainless steel materials.
timeframe. meet the inspection requirements of Therefore, the NRC is adopting a
Paragraph –2500(a) of ASME BPV Code condition changing the inspection

10 CFR 50.55a(g)(6)(ii)(F)(9) Deferral Case N–770–2. The requirements for volume for stress-improved dissimilar
The NRC is revising volumetric examination of butt welds metal welds with cast stainless steel
§ 50.55a(g)(6)(ii)(F)(9) to add the through cast stainless steel materials are from the ASME BPV Code Section XI
explanatory heading, ‘‘Deferral,’’ and to currently being developed as requirements to ‘‘the maximum extent
address changes in ASME BPV Code Supplement 9 to the ASME BPV Code, practical including 100 percent of the
Case N–770–2 which allow the deferral Section XI, Appendix VIII. In susceptible material volume.’’ This will
remain applicable until an Appendix inservice examinations in accordance The NRC commissioned a research
VIII qualified procedure for the with the ASME BPV Code, Section XI program to determine the effectiveness
inspection through cast stainless steel requirements. of the new technologies for inspections
materials is available in accordance During the construction of nuclear of CASS components in an effort to
with the new condition in power plants, it was recognized that the resolve some of the known inspection
§ 50.55a(g)(6)(ii)(F)(11). grain structure of cast austenitic issues. The result of this work is
stainless steel (CASS) could prevent published in NUREG/CR–6933,
10 CFR 50.55a(g)(6)(ii)(F)(13) Encoded ‘‘Assessment of Crack Detection in
Ultrasonic Examination effective ultrasonic inspections of
piping welds where one or both sides of Heavy-Walled Cast Stainless Steel
The NRC is adding the welds were constructed of CASS. Piping Welds Using Advanced Low-
§ 50.55a(g)(6)(ii)(F)(13) to require the The high strength and toughness of Frequency Ultrasonic Methods’’, March
encoding of ultrasonic volumetric CASS (prior to thermal embrittlement) 2007, and NUREG/CR–7122, ‘‘An
examinations of Inspection Items A–1, made it desirable as a building material Evaluation of Ultrasonic Phased Array
A–2, B, E, F–2, J, and K in Table 1 of despite this known inspection issue. Testing for Cast Austenitic Stainless
N–770–2. A human performance gap This choice of construction materials Steel Pressurizer Surge Line Piping
has been found between some ultrasonic has rendered many pressure boundary Welds,’’ March 2012. Based on the
testing procedures, as demonstrated components without a means to reliably improvements in ultrasonic inspection
during ASME BPV Code, Section XI, inspect them volumetrically. While technology and techniques for CASS
Appendix VIII qualification versus as there is no operational experience of a components, the ASME approved BPV
applied in the field. CASS component failing, as part of the Code Case N–824 (N–824) on October
The human factors that contributed to reactor pressure boundary, inservice 16, 2012, which describes how to
the licensee-performed examinations volumetric inspection of these develop a procedure capable of
which failed to identify significant flaws components is necessary to provide meaningfully inspecting welds in CASS
at North Anna Power Station, Unit 1 in reasonable assurance of their structural components.
2012 (Licensee Event Report 50–338/ integrity. Effective examinations of CASS
2012–001–00) and at Diablo Canyon components require the use of lower
The current regulatory requirements
Nuclear Power Plant in 2013 (Relief frequencies and larger transducers than
for the examination of CASS, provided
Request REP–1 U2, Revision 2) can be are typically used for ultrasonic
in § 50.55a, do not provide sufficient
avoided by the use of encoded inspections of piping welds and would
guidance to assure that the CASS
ultrasonic examinations. Encoded require licensees to modify their
components are being inspected
ultrasonic examinations electronically inspection procedures. The NRC
adequately. To illustrate that ASME
store both the positional and ultrasonic recognizes that requiring the use of
BPV Code does not provide adequate
information from the inspections. spatial encoding will limit the full
guidance, ASME BPV Code, Section XI,
Encoded examinations allow for the implementation of ASME BPV Code
Appendix III, Supplement 1 states, Case N–824, as spatial encoding is not
inspector to evaluate the data and ‘‘Cast materials may preclude
search for indications outside of a time practical for many weld configurations.
meaningful examinations because of At this time, the use of ASME BPV
limited environment to assure that the geometry and attenuation variables.’’
inspection was conducted properly and Code Case N–824, as conditioned, is the
For this reason, over the past several most effective known method for
to allow for sufficient time to analyze decades, licensees have been unable to
the data. Additionally, the encoded adequately examining welds with one or
perform effective inspections of welds more CASS components. With the use
examination would allow for an joining CASS components. To allow for of ASME BPV Code Case N–824, as
independent review of the data by other continued operation of their plants, conditioned, licensees will be able to
inspectors or an independent third licensees submitted hundreds of take full credit for completion of the
party. Finally, the encoded examination requests for relief from the ASME BPV § 50.55a required inservice volumetric
could be compared to previous and/or Code requirements for inservice inspection of welds involving CASS
future encoded examinations to inspection of CASS components to the components. The implementation of
determine if flaws are present and flaw NRC, resulting in a significant ASME BPV Code Case N–824, as
growth rates. Therefore, the NRC is regulatory burden. conditioned, will have the dual effect of
adopting a condition requiring the use The recent advances in inspection improving the rigor of required
of encoding for ultrasonic volumetric technology are driving renewed work at volumetric inspections and reducing the
examinations of non-mitigated or ASME BPV Code meetings to produce number of uninspectable Class 1 and
cracked mitigated dissimilar metal butt Section XI, Appendix VIII, Supplement Class 2 pressure retaining welds.
welds in the reactor coolant pressure 9 to resolve the CASS inspection issue, The NRC concludes that
boundary which are within the scope of but it will be years before these code incorporation of ASME BPV Code Case
ASME BPV Code Case N–770–2. updates will be published, as well as N–824, subject to the four conditions in
ASME BPV Code Case N–824 additional time to qualify and approve § 50.55a(b)(2)(xxxvii)(A) through (D),
procedures for use in the field. Until will significantly improve the flaw
10 CFR 50.55a(b)(2)(xxxvii) Section XI then, licensees would still use the detection capability of ultrasonic
Condition: ASME BPV Code Case N–824 requirements of ASME BPV Code inspection of CASS components until
The NRC is adding Section XI, Appendix III, Supplement 1, Supplement 9 is implemented, thereby
§ 50.55a(b)(2)(xxxvii) to allow licensees which states that inspection of CASS providing reasonable assurance of leak
to use the provisions of ASME BPV materials meeting the ASME BPV Code tightness and structural integrity.
Code Case N–824, ‘‘Ultrasonic requirements may not be meaningful. Additionally, it will reduce the
Examination of Cast Austenitic Piping Consequently, less effective regulatory burden on licensees and
Welds From the Outside Surface Section examinations would continue to be used allow licensees to submit fewer relief
XI, Division 1,’’ subject to four in the field, and more relief requests requests for welds in CASS materials.
conditions in § 50.55a(b)(2)(xxxvii)(A) would be generated between now and The four conditions on the use of ASME
through (D), when implementing the implementation of Supplement 9. BPV Code Case N–824,
§ 50.55a(b)(2)(xxxvii)(A) through (D), are 10 CFR 50.55a(b)(2)(xxxvii)(D) (Fourth delete both this paragraph and
discussed in the next four headings. Condition on Use of ASME BPV Code § 50.55a(a)(1)(iii)(G).
CaseN–824)
10 CFR 50.55a(b)(2)(xxxvii)(A) (First III. Opportunities for Public
Condition on Use of ASME BPV Code NUREG/CR–6933 shows that the grain Participation
Case structure of CASS can reduce the
effectiveness of some inspection angles. The proposed rule was published on
N–824) September 18, 2015, for a 75-day
For this reason, the NRC is adding a
condition in § 50.55a(b)(2)(xxxvii)(D) to comment period (80 FR 56820). The
The NRC, based upon NUREG/CR– public comment period closed on
6933 and NUREG/CR–7122, has require that ultrasonic examinations
performed to implement ASME BPV December 2, 2015.
determined that inspections of CASS After the close of the public comment
materials are very challenging, and Code Case N–824 shall use a phased
array search unit which produces angles period, the NRC held a public meeting
sufficient technical basis exists to on March 2, 2016, to discuss the
condition the code case to bring the including, but not limited to, 30 to 55
degrees with a maximum increment of proposed rule, to answer questions on
code case into agreement with the specific provisions of the proposed rule,
5 degrees.
NUREG/CR reports. The NUREG/CR and to discuss public comments
reports also show that CASS materials OM Code Case OMN–20 received on the proposed rule in order
produce high levels of coherent noise. 10 CFR 50.55a(b)(3)(x) OM Condition: to enhance the NRC’s understanding of
The noise signals can be confusing and ASME OM Code Case OMN–20 the comments. The public meeting
mask flaw indications. Use of encoded summary is available in ADAMS under
The NRC is adding § 50.55a(b)(3)(x) to Accession No. ML16069A408.
inspection data allows the inspector to allow licensees to implement OM Code
mitigate this problem through the ability Case OMN–20, ‘‘Inservice Test IV. NRC Responses to Public Comments
to electronically manipulate the data, Frequency,’’ in the OM Code, 2012
which allows for discrimination The NRC received 27 letters and
Edition, for the editions and addenda of emails in response to the opportunity
between coherent noise and flaw the OM Code that are listed in for public comment on the proposed
indications. The NRC found that § 50.55a(a)(1)(iv) as being approved for rule. These comment submissions were
encoding CASS inspection data incorporation by reference. As a submitted by the following commenters
provides significant detection benefits. conforming change, § 50.55a(a)(1)(iii)(G) (listed in order of receipt):
Therefore, the NRC is adding a is being added to incorporate by
condition in § 50.55a(b)(2)(xxxvii)(A) to reference OM Code Case OMN–20 into 1. Private citizen, Edward Cavey
2. Private citizen, Dale Matthews
require the use of encoded data when § 50.55a.
3. Private citizen, Ron Clow
utilizing N–824 for the examination of Surveillance Requirement (SR) 3.0.3
4. ASME
CASS components. from TS 5.5.6, ‘‘Inservice Testing 5. Iddeal Solutions, LLC
Program,’’ allows licensees to apply a 6. Electric Power Research Institute (EPRI)
10 CFR 50.55a(b)(2)(xxxvii)(B) (Second delay period before declaring the SR for 7. Private citizen, William Taylor
Condition on Use of ASME BPV Code TS equipment ‘‘not met’’ when the 8. ASME
CaseN–824) licensee inadvertently exceeds or misses 9. Private citizen, Dan Nowakowski
the time limit for performing TS 10. Wolf Creek Nuclear Operating
The use of dual element phased-array surveillance. Licensees have been Corporation
search units showed the most promise applying SR 3.0.3 to inservice tests. The 11. Northern States Power Company—
in obtaining meaningful responses from Minnesota
NRC has determined that licensees
flaws. For this reason, the NRC is 12. FirstEnergy Nuclear Operating Company
cannot use TS 5.5.6 to apply SR 3.0.3 to 13. PSEG Nuclear
adding a condition in inservice tests under § 50.55a(f) that are 14. Dominion Resources Services, Inc.
§ 50.55a(b)(2)(xxxvii)(B) to require the not associated with a TS surveillance. 15. Private citizen, Terence Chan
use of dual, transmit-receive, refracted To invoke SR 3.0.3, the licensee shall 16. Nuclear Energy Institute
longitudinal wave, multi-element first discover that a TS surveillance was 17. EPRI
phased array search units when not performed at its specified frequency. 18. Duke Energy
utilizing N–824 for the examination of Therefore, the delay period that SR 3.0.3 19. Private Citizen, William Taylor
CASS components. provides does not apply to non-TS 20. Dominion Engineering, Inc.
21. Tennessee Valley Authority
support components tested under
10 CFR 50.55a(b)(2)(xxxvii)(C) (Third 22. Southern Nuclear Operating Company
§ 50.55a(f). The OM Code does not 23. Prairie Island Nuclear Plant
Condition on Use of ASME BPV Code provide for any inservice test frequency 24. Inservice Test Owners Group
CaseN–824) reductions or extensions. In order to 25. Exelon Generation Company
The optimum inspection frequencies provide inservice test frequency 26. EPRI
for examining CASS components of reductions or extensions that can no 27. EPRI
longer be provided by SR 3.0.3 from TS In general, the comments:
various thicknesses are described in
5.5.6, the ASME has developed OM • Suggested revising or rewording
NUREG/CR–6933 and NUREG/CR–7122.
Code Case OMN–20. The NRC has conditions to make them clearer.
For this reason, the NRC is adding a
condition in § 50.55a(b)(2)(xxxvii)(C) to
reviewed OM Code Case OMN–20 and • Supported incorporation of Code
has found it acceptable for use. The Cases N–729–4, N–770–2, N–824, or
require that ultrasonic examinations NRC determined that OM Code Case OMN–20 into § 50.55a.
performed to implement ASME BPV OMN–20 may be safely used for all • Supported the proposed changes to
Code Case N–824 on piping greater than licensees using editions and addenda of add or remove conditions.
1.6 inches (41 mm) thick shall use a the OM Code that are listed in • Opposed proposed conditions.
phased array search unit with a center § 50.55a(a)(1)(iv). The NRC will include • Supplied additional information for
frequency of 500 kHz with a tolerance OM Code Case OMN–20 in the next NRC consideration.
of + /¥ 20 percent. revision of RG 1.192, at which time a • Proposed rewriting or renumbering
conforming change will be made to of paragraphs.
• Asked questions or requested conditions that provide consistency for 10 CFR 50.55a(b)(3)(xi), OM Condition:
information from the NRC. welding of irradiated materials. The Valve Position Indication
Due to the large number of comments NRC discussed these changes at the
received and the length of the NRC’s Public commenters raised concerns
March 2, 2016, public meeting, and the
responses, this document summarizes regarding the proposed condition in
NRC considered the public feedback
the NRC’s response to comments in § 50.55a(b)(3)(xi) to emphasize the OM
from that meeting when developing this
areas of particular interest to Code provisions in Subsection ISTC–
final rule.
stakeholders that prompted the NRC to 3700, ‘‘Position Verification Testing,’’ to
make changes in this final rule from 10 CFR 50.55a(b)(2)(xxxi), Mechanical verify that valve operation is accurately
what was proposed. A discussion of all Clamping Devices indicated. Public commenters indicated
comments and complete NRC responses that because of the significance of
Public commenters were concerned implementing the condition, some
are presented in a separate document,
‘‘2017 Final Rule (10 CFR 50.55a) that the wording of the proposed licensees might need time to revise or
American Society of Mechanical condition in § 50.55a(b)(2)(xxxi) was create procedures to govern the
Engineers Codes and Code Cases: unclear and that citing the specific implementation of this condition.
Analysis of Public Comments,’’ paragraphs of Section XI to which the Public commenters also suggested that
(ADAMS Accession No. ML16130A531). NRC is taking exception would be the condition be limited to active
clearer. The NRC agrees. To clarify the valves. The NRC partially agrees and
10 CFR 50.55a(a)(1)(ii), (b)(2); requirement for the implementation of partially disagrees with these
Nonmandatory Appendix U mechanical clamps, the condition was comments. The NRC agrees that
Public commenters were concerned changed to require the use of Appendix additional time to implement the
that the NRC was proposing to exclude W of Section XI when using mechanical condition regarding valve position
incorporating by reference clamps. Additionally, use of IWA– verification is appropriate. Therefore,
Nonmandatory Appendix U because 4131.1(c) of the 2010 Edition of Section the NRC has revised the condition to
Nonmandatory Appendix U is the XI and IWA–4131.1(d) of the 2011 indicate that it will be effective with
incorporation of the provisions of ASME Addenda of the 2010 Edition and later implementation of the 2012 Edition of
BPV Code Cases N–513–3 and N–705, versions of Section XI is prohibited. the OM Code. The NRC staff does not
without any technical changes, into the Identifying these specific subparagraphs agree with the suggestion to limit the
Section XI Code. The NRC agrees with was deemed necessary, as they may condition to active valves because the
this comment, in that ASME BPV Code have caused confusion with the OM Code requires that passive valves
Cases N–513–3 and N–705 have been intended purpose of the original undergo periodic verification of position
approved in RG 1.147. Based on these proposed condition in maintaining the indication.
comments, the NRC has removed the previous regulatory requirements for
proposed exclusion of Nonmandatory V. Section-by-Section Analysis
mechanical clamping devices. Section
Appendix U from this final rule. 50.55a(b)(2)(xxxi) of this final rule Administrative Changes
However, the NRC has found it reflects this change.
necessary to apply two new conditions The NRC is removing the revision
in § 50.55a(b)(2)(xxxiv)(A) and (B) to 10 CFR 50.55a(b)(2)(xxxvii), ASME BPV number of the three RGs currently
Nonmandatory Appendix U. The first Code Case N–824 approved by the Office of the Federal
condition provides regulatory Register for incorporation by reference
Public commenters had concerns with throughout the substantive provisions of
consistency with the approval of the
conditions proposed on ASME BPV § 50.55a addressing the ASME Code
code cases in RG 1.147. The second
Code Case N–824, ‘‘Ultrasonic Cases, i.e., paragraphs (b) through (g).
condition requires the use of an
Examination of Cast Austenitic Piping The revision numbers for the RGs
Appendix from ASME BPV Code Case
N–513–3 that was unintentionally Welds From the Outside Surface Section approved for incorporation by reference
omitted from Appendix U. The NRC XI, Division 1,’’ in (currently, RG 1.84, RG 1.147, and RG
discussed these changes at the March 2, § 50.55a(b)(2)(xxxvii)(A) through (E). 1.192) will be retained in
2016, public meeting, and the NRC There were concerns that the conditions § 50.55a(a)(3)(i) through (iii), where the
considered the public feedback from would limit the use of Code Case N–824 RGs are listed by full title, including
that meeting when developing this final and that some conditions did not have revision number. That paragraph
rule. a sufficient technical basis. The NRC identifies the specific materials which
partially agreed with the comments the Office of the Federal Register has
10 CFR 50.55a(b)(2)(xii), Underwater requesting the removal and modification approved for incorporation by reference,
Welding of some conditions in as required by Office of the Federal
Public commenters were concerned § 50.55a(b)(2)(xxxvii) restricting the Register requirements in 1 CFR 51.9.
that the proposed rule continued to frequencies and angles usable on some Readers would need to refer to
prohibit the use of underwater welding cast austenitic welds. Based on the § 50.55a(a) to determine the specific
in § 50.55a(b)(2)(xii), when changes public comments, one condition was revision of the relevant RG that is
were made to address this condition in removed entirely and two others were approved for incorporation by reference
the 2010 Edition of Section XI. The NRC modified. Section by the Office of the Federal Register.
agrees that the condition should be 50.55a(b)(2)(xxxvii)(A) through (D) of These changes are administrative in
modified to address the changes in the this final rule contain the modified and nature and do not change substantive
Code. After consideration of the public reduced conditions on the use of ASME requirements with respect to the RGs
comments, the NRC noted other BPV Code Case N–824. The NRC and the Code Cases listed in the RGs.
inconsistencies for addressing welding discussed these changes at the March 2,
10 CFR 50.55a(a) Documents Approved
on irradiated materials that appear in 2016, public meeting, and the NRC
for Incorporation by Reference
the Code and in some Code Cases. considered the public feedback from
Section 50.55a(b)(2)(xii) of this final that meeting when developing this final The NRC is revising the incorporation
rule reflects a change to include two rule. by reference language to update the
contact information for the NRC 10 CFR 50.55a(a)(1)(iii)(A) ASME BPV the section, from § 50.55a(b) to
Technical Library. Code Case N–513–3 Mandatory § 50.55a(a)(1)(iv).
Appendix I
10 CFR 50.55a(a)(1)(i) ASME Boiler and 10 CFR 50.55a(a)(1)(iv)(B) ‘‘Operation
Pressure Vessel Code, Section III The NRC is revising and Maintenance of Nuclear Power
§ 50.55a(a)(1)(iii)(A) to include Plants, Division 1: Section IST Rules for
The NRC is revising § 50.55a(a)(1)(i) information for a new standard that is Inservice Testing of Light-Water Reactor
to clarify that Section III Nonmandatory being incorporated by reference, Power Plants’’
Appendices of the listed editions and entitled, ‘‘ASME BPV Code Case N– The NRC is adding new
addenda are excluded from the 513–3 Mandatory Appendix I.’’ § 50.55a(a)(1)(iv)(B) to include ASME
incorporation by reference. The OM Code 2009 Edition and 2011
10 CFR 50.55a(a)(1)(iii)(B) ASME BPV
exclusion was originally added in a Addenda.
Code Case N–722–1
final rule published on June 21, 2011
(76 FR 36232); however, it was The NRC is revising 10 CFR 50.55a(a)(1)(iv)(C) ‘‘Operation
erroneously omitted from the final rule § 50.55a(a)(1)(iii)(B) to maintain and Maintenance of Nuclear Power
published on November 5, 2014 (79 FR alphanumeric order for the ASME Code Plants, Division 1: OM Code: Section
65776). The NRC is correcting the Cases listed in § 50.55a(a)(1)(iii). ASME IST’’
omission in this final rule by inserting BPV Code Case N–722–1 was previously The NRC is adding new
‘‘(excluding Nonmandatory approved for incorporation by reference. § 50.55a(a)(1)(iv)(C) to include ASME
Appendices)’’ in § 50.55a(a)(1)(i). The 10 CFR 50.55a(a)(1)(iii)(C) ASME BPV OM Code 2012 Edition.
NRC is relocating the definition of the Code Case N–729–4
term ‘‘BPV Code,’’ which is used 10 CFR 50.55a(a)(1)(v) ASME Quality
throughout the section, from § 50.55a(b) The NRC is revising Assurance Requirements
to § 50.55a(a)(1)(i). § 50.55a(a)(1)(iii)(C) to add the title The NRC is adding new
‘‘ASME BPV Code Case N–729–4,’’ and § 50.55a(a)(1)(v) to include information
10 CFR 50.55a(a)(1)(i)(E) ‘‘Rules for include information for the standard regarding NQA–1 standards and add the
Construction of Nuclear Facility that is being incorporated by reference. title ‘‘ASME Quality Assurance
Components—Division 1’’ Requirements’’ for ASME NQA–1 Code
10 CFR 50.55a(a)(1)(iii)(D) ASME BPV
The NRC is revising Code Case N–770–2 as part of NRC titling convention.
§ 50.55a(a)(1)(i)(E) to add ASME BPV The NRC is adding 10 CFR 50.55a(b) Use and Conditions on
Code, Section III 2009 Addenda, 2010 § 50.55a(a)(1)(iii)(D) to add the title the Use of Standards
Edition, 2011 Addenda, and 2013 ‘‘ASME BPV Code Case N–770–2,’’ and The NRC is revising § 50.55a(b) to
Edition. include information for the standard correct the title of the ASME OM Code.
10 CFR 50.55a(a)(1)(ii) ASME Boiler and that is being incorporated by reference.
Pressure Vessel Code, Section XI 10 CFR 50.55a(a)(1)(iii)(E) ASME BPV ASME BPV Code Section III
Code Case N–824
The NRC is revising § 50.55a(a)(1)(ii) The NRC is revising § 50.55a(b)(1) to
to include two minor editorial changes: The NRC is adding reflect the latest edition incorporated by
to replace ‘‘Boiler and Pressure Vessel § 50.55a(a)(1)(iii)(E) to include reference, the 2013 Edition.
Code’’ with ‘‘BPV Code’’ and to replace information for a new standard that is
being incorporated by reference, 10 CFR 50.55a(b)(1)(ii) Section III
‘‘limited to’’ with ‘‘limited by.’’ Condition: Weld Leg Dimensions
entitled, ‘‘ASME BPV Code Case N–
10 CFR 50.55a(a)(1)(ii)(C)(52) and (53) 824.’’ The NRC is revising § 50.55a(b)(1)(ii)
‘‘Rules for Inservice Inspection of to clarify rule language and add Table
Nuclear Power Plant Components— 10 CFR 50.55a(a)(1)(iii)(F) ASME BPV
I, which clarifies prohibited Section III
Division 1’’ Code Case N–852
provisions for welds with leg size less
The NRC is adding than 1.09 tn in tabular form.
The NRC is revising § 50.55a(a)(1)(iii)(F) to include
§ 50.55a(a)(1)(ii)(C)(52) and (53) to add 10 CFR 50.55a(b)(1)(iv) Section III
information for a new standard that is
ASME BPV Code, Section XI 2009 Condition: Quality Assurance
being incorporated by reference,
Addenda, 2010 Edition, 2011 Addenda, entitled, ‘‘ASME BPV Code Case N– The NRC is revising § 50.55a(b)(1)(iv)
and 2013 Edition. The examination 852.’’ to clarify that it allows, but does not
requirements for Examination Category require, applicants and licensees to use
B–F, Item Numbers B5.11 and B5.71, 10 CFR 50.55a(a)(1)(iii)(G) ASME OM the 2008 Edition through the 2009–1a
Nozzle-to-Component Butt Welds in the Code Case OMN–20 Addenda of NQA–1 when applying the
2011 Addenda and the 2013 Edition of The NRC is adding 2010 Edition and later editions of the
ASME BPV Code, Section XI are § 50.55a(a)(1)(iii)(G) to include ASME BPV Code, Section III, up to the
expressly excluded from the information for a new standard that is 2013 Edition. Applicants and licensees
incorporation by reference in being incorporated by reference, are required to meet appendix B of 10
§ 50.55a(a)(1)(ii)(C)(52) and, therefore, entitled, ‘‘ASME OM Code Case OMN– CFR part 50, and NQA–1 is one way of
not approved for use. Similarly, the 20.’’ meeting portions of appendix B. An
requirements of IWB–3112(a)(3) and applicant or licensee may select any

IWC–3112(a)(3) in the 2013 Edition of 10 CFR 50.55a(a)(1)(iv) ASME Operation
version of NQA–1 that has been
ASME BPV Code, Section XI are and Maintenance Code
approved for use in § 50.55a, but they
expressly excluded from the The NRC is revising § 50.55a(a)(1)(iv) must also use the administrative,
incorporation by reference in to correct the title of the OM Code and quality, and technical provisions
§ 50.55a(a)(1)(ii)(C)(53) and are not to relocate the definition of the term contained in the version of NCA–4000
approved for use. ‘‘OM Code,’’ which is used throughout referencing that Edition or Addenda of
NQA–1 selected by the applicant or ASME BPV Code incorporated by The condition applies only to holders of
licensee. reference in this rulemaking. renewed licenses under 10 CFR part 54
NQA–1 provides a method for during the period of extended operation
10 CFR 50.55a(b)(2)(vi) Section XI
establishing and implementing a QA (i.e., beyond the expiration date of the
Condition: Effective Edition and
program for the design and construction original 40-year license) of a renewed
Addenda of Subsection IWE and
of nuclear power plants and fuel license when using IWL–2512(b) of the
Subsection IWL
reprocessing plants; however, NQA–1, 2007 Edition with 2009 Addenda
as modified and supplemented by NCA– The NRC is revising § 50.55a(b)(2)(vi) through the latest edition and addenda
4000, does not meet all of the to clarify that the provision applies only in § 50.55a(a)(1)(ii)—the 2013 Edition
requirements of appendix B to 10 CFR to the class of licensees of operating under this final rule.
part 50. reactors that were required by previous
versions of § 50.55a to develop and 10 CFR 50.55a(b)(2)(ix) Section XI
Section 50.55a(b)(1)(iv) clarifies that Condition: Metal Containment
applicants and licensees using NQA–1 implement a containment ISI program
in accordance with Subsection IWE and Examinations
are also required to meet appendix B to
Subsection IWL, and complete an The NRC is revising § 50.55a(b)(2)(ix)
10 CFR part 50 and the commitments
expedited examination of containment to continue to apply the existing
contained in their QA program
during the 5-year period from conditions in § 50.55a(b)(2)(ix)(A)(2)
descriptions. To meet the requirements
September 9, 1996 to September 9, and (b)(2)(ix)(B) and (J) with respect to
of appendix B, when using NQA–1
2001. the metal containment examination
during the design and construction
requirements in Subsection IWE up to
phase, applicants and licensees must 10 CFR 50.55a(b)(2)(viii) Section XI and including the 2013 Edition (and all
address, in their quality program Condition: Concrete Containment future editions and addenda of the
description, those areas where NQA–1 Examinations ASME BPV Code which the NRC
is insufficient to meet appendix B. The NRC is revising incorporates by reference into § 50.55a).
Additional guidance and regulatory § 50.55a(b)(2)(viii) by removing the The NRC is accomplishing this by
positions on how to meet appendix B condition for using the 2007 Edition adding the words ‘‘edition and’’ to the
when using NQA–1 are provided in RG with 2009 Addenda through the 2013 last sentence in § 50.55a(b)(2)(ix).
1.28, ‘‘Quality Assurance Program Edition of Subsection IWL requiring
Criteria (Design and Construction).’’ compliance with § 50.55a(b)(2)(viii)(E). 10 CFR 50.55a(b)(2)(ix)(D) Metal
To support the removal of the condition, Containment Examinations: Fourth
10 CFR 50.55a(b)(1)(vii) Section III
the NRC is adding new requirements Provision
Condition: Capacity Certification and
Demonstration of Function of governing the performance and The NRC is revising the rule text in
Incompressible-Fluid Pressure-Relief documentation of concrete containment § 50.55a(b)(2)(ix)(D) to improve clarity.
Valves examinations in § 50.55a(b)(2)(viii)(H) Section 50.55a(b)(2)(ix)(D) introductory
and (I), which are discussed separately text and (b)(2)(ix)(D)(1) are combined.
The NRC is revising § 50.55a(b)(1)(vii) in the next two headings. The information required to be included
to reflect the editions and addenda of in the ISI Summary report is now all on
the ASME BPV Code incorporated by 10 CFR 50.55a(b)(2)(viii)(H) Concrete the same paragraph level. No
reference in this rulemaking. Containment Examinations: Eighth substantive change to the requirements
Provision is intended by this revision.
10 CFR 50.55a(b)(1)(viii) Section III
Condition: Use of ASME Certification The NRC is adding
§ 50.55a(b)(2)(viii)(H) to require 10 CFR 50.55a(b)(2)(x) Section XI
Marks Condition: Quality Assurance
licensees to provide the applicable
The NRC is adding § 50.55a(b)(1)(viii) information specified in paragraphs The NRC is revising § 50.55a(b)(2)(x)
to allow licensees to use either the (b)(2)(viii)(E)(1), (2), and (3) of this to clarify that it allows, but does not
ASME BPV Code Symbol Stamp or section in the ISI Summary Report require, licensees to use the 1994
ASME Certification Mark with the required by IWA–6000 for each Edition or the 2008 Edition through the
appropriate certification designator and inaccessible concrete surface area 2009–1a Addenda of NQA–1 when
class designator as specified in the 2013 evaluated under the new code provision applying the 2009 Addenda and later
Edition through the latest edition and IWL–2512 of the 2009 Addenda up to editions and addenda of the ASME BPV
addenda incorporated by reference in and including the 2013 Edition. Code, Section XI, up to the 2013
§ 50.55a. Edition. Licensees are required to meet
10 CFR 50.55a(b)(2)(viii)(I) Concrete appendix B of 10 CFR part 50, and
10 CFR 50.55a(b)(1)(ix) Section III Containment Examinations: Ninth
Condition: NPT Code Symbol Stamps NQA–1 is one way of meeting portions
Provision of appendix B. A licensee may select
The NRC is adding § 50.55a(b)(1)(ix) The NRC is adding any version of NQA–1 that has been
to allow licensees to use the NPT Code § 50.55a(b)(2)(viii)(I) to provide a new approved for use in § 50.55a.
Symbol Stamp with the letters arranged condition requiring the technical NQA–1 provides a method for
horizontally as specified in ASME BPV evaluation required by IWL–2512(b) of establishing and implementing a QA
Code Case N–852 for the service life of the 2009 Addenda up to and including program for the design and construction
a component that had the NPT Code the 2013 Edition of inaccessible below- of nuclear power plants and fuel
Symbol Stamp applied during the time grade concrete surfaces exposed to reprocessing plants; however, NQA–1
period from January 1, 2005, through foundation soil, backfill, or groundwater does not meet all of the requirements of
December 31, 2015. be performed at periodic intervals not to appendix B to 10 CFR part 50. Section
exceed 5 years. In addition, the licensee 50.55a(b)(2)(x) clarifies that licensees
must examine representative samples of using NQA–1 are also required to meet
ASME BPV Code, Section XI
the exposed portions of the below-grade appendix B to 10 CFR part 50 and the
The NRC is revising § 50.55a(b)(2) to concrete, when such below-grade commitments contained in their QA
reflect the editions and addenda of the concrete is excavated for any reason. program descriptions. To meet the
requirements of appendix B, when using 10 CFR 50.55a(b)(2)(xxiii) Section XI of the 2013 Edition of the ASME BPV
NQA–1 during ISI phase, licensees must Condition: Evaluation of Thermally Cut Code, Section XI. Paragraph
address, in their quality program Surfaces (b)(2)(xxxiv)(A) requires that an ASME
description, those areas where NQA–1 The NRC is revising BPV Code repair or replacement activity
is insufficient to meet appendix B. § 50.55a(b)(2)(xxiii) to modify the temporarily deferred under the
Additional guidance and regulatory applicability of the condition. The provisions of Nonmandatory Appendix
positions on how to meet appendix B condition will only apply to the 2001 U to the 2013 Edition of the ASME BPV
when using NQA–1 are provided in RG Edition through the 2009 Addenda Code, Section XI, shall be performed
1.28. IWA–4461.4, which was revised in the during the next scheduled refueling
2010 Edition to remove paragraph IWA– outage. Paragraph (b)(2)(xxxiv)(B)
10 CFR 50.55a(b)(2)(xii) Section XI
4461.4.2, which permitted an requires the use of the mandatory
Condition: Underwater Welding
application specific evaluation of appendix in ASME BPV Code Case N–
The NRC is revising § 50.55a(b)(2)(xii) thermally cut surfaces in lieu of a 513–3, in lieu of the appendix
to allow underwater welding on thermal metal removal process referenced in paragraph U–S1–4.2.1(c)
irradiated materials in accordance with qualification. of Appendix U, which was
IWA–4660 under certain conditions. inadvertently omitted from Appendix U.
Licensees are allowed to perform 10 CFR 50.55a(b)(2)(xxxi) Section XI
Condition: Mechanical Clamping 10 CFR 50.55a(b)(2)(xxxv) Section XI
welding on irradiated materials if Condition: Use of RTT0 in the KIa and KIc
certain neutron fluence criteria and, for Devices
Equations
certain material classes, helium The NRC is adding
concentration criteria are not exceeded. § 50.55a(b)(2)(xxxi) to provide a new The NRC is adding
If these criteria are exceeded, the condition maintaining the requirement § 50.55a(b)(2)(xxxv) to provide a new
licensee is prohibited from performing to use Appendix IX, now renumbered as condition to specify that when licensees
welding on irradiated materials unless Appendix W, when installing a use ASME BPV Code, Section XI, 2013
the licensee obtains NRC approval in mechanical clamping device on an Edition, Appendix A, paragraph A–
accordance with § 50.55a(z). ASME BPV Code Class piping system. 4200, if T0 is available, then RTT0 may
Additionally, the condition prohibits be used in place of RTNDT for
10 CFR 50.55a(b)(2)(xviii)(D) NDE the use of mechanical clamping devices applications using the KIc equation and
Personnel Certification: Fourth in accordance with the changes made to the associated KIc curve, but not for
Provision IWA–4131.1(c) in the 2010 Edition and applications using the KIa equation and
The NRC is adding IWA–4131.1(d) in the 2011 Addenda the associated KIa curve.
§ 50.55a(b)(2)(xviii)(D) to provide a new through 2013 Edition on small item 10 CFR 50.55a(b)(2)(xxxvi) Section XI
condition prohibiting the use of Class 1 piping and portions of a piping Condition: Fracture Toughness of
Appendix VII and Subarticle VIII–2200 system that form the containment
Irradiated Materials
of the 2011 Addenda and 2013 Edition boundary.
The NRC is adding
of Section XI of the ASME BPV Code. 10 CFR 50.55a(b)(2)(xxxii) Section XI § 50.55a(b)(2)(xxxvi) to provide a new
Licensees are required to implement Condition: Summary Report Submittal condition requiring licensees using
Appendix VII and Subarticle VIII–2200
The NRC is adding ASME BPV Code, Section XI, 2013
of the 2010 Edition of Section XI.
§ 50.55a(b)(2)(xxxii) to provide a new Edition, Appendix A, paragraph A–
10 CFR 50.55a(b)(2)(xxi)(A) Table IWB– condition requiring licensees using the 4400, to obtain NRC approval under
2500–1 Examination Requirements: 2010 Edition or later editions and § 50.55a(z) before using irradiated T0
First Provision addenda of Section XI to follow the and the associated RTT0 in establishing
requirements of IWA–6240 of the 2009 fracture toughness of irradiated
The NRC is revising Addenda of Section XI for the submittal materials.
§ 50.55a(b)(2)(xxi)(A) to modify the of Preservice and Inservice Summary
standard for visual magnification 10 CFR 50.55a(b)(2)(xxxvii) Section XI
Reports. The condition also describes
resolution sensitivity and contrast for Condition: ASME BPV Code Case N–824
the timing of the submission of the
visual examinations performed on Summary Reports by referencing the The NRC is adding
Examination Category B–D components specific Section XI paragraph IWA– § 50.55a(b)(2)(xxxvii) to provide a new
instead of ultrasonic examinations. A 6240(b) in the regulation. provision that allows licensees to
visual examination with magnification implement ASME BPV Code Case N–
that has a resolution sensitivity to 10 CFR 50.55a(b)(2)(xxxiii) Section XI 824, ‘‘Ultrasonic Examination of Cast
resolve 0.044 inch (1.1 mm) lower case Condition: Risk-Informed Allowable Austenitic Piping Welds From the
characters without an ascender or Pressure Outside Surface Section XI, Division 1,’’
descender (e.g., a, e, n, v), utilizing the The NRC is adding subject to four conditions in paragraphs
allowable flaw length criteria in Table § 50.55a(b)(2)(xxxiii) to provide a new (b)(2)(xxxvii)(A) through (D). Each of
IWB–3512–1, 1997 Addenda through condition to prohibit the use of these paragraphs are discussed in the
the latest edition and addenda Appendix G, Paragraph G–2216, in the following headings.
incorporated by reference in 2011 Addenda and later editions and
§ 50.55a(a)(1)(ii), with a limiting 10 CFR 50.55a(b)(2)(xxxvii)(A) Section
addenda of the ASME BPV Code,
assumption on the flaw aspect ratio (i.e., XI Condition: ASME BPV Code Case N–
Section XI.
a/l = 0.5), may be performed instead of 824

an ultrasonic examination. This revision 10 CFR 50.55a(b)(2)(xxxiv) Section XI The NRC is adding
removes a requirement that was in Condition: Nonmandatory Appendix U § 50.55a(b)(2)(xxxvii)(A) to add a new
addition to the ASME BPV Code that The NRC is adding condition that requires ultrasonic
required 1-mil wires to be used in § 50.55a(b)(2)(xxxiv)(A) and (B) to examinations performed to implement
licensees’ Sensitivity, Resolution, and require that two conditions be satisfied ASME BPV Code Case N–824 to be
Contrast Standard targets. when using Nonmandatory Appendix U spatially encoded.
10 CFR 50.55a(b)(2)(xxxvii)(B) Section 1995 Edition through the 2012 Edition Statement. As discussed earlier in
XI Condition: ASME BPV Code Case N– of the OM Code. Licensees are required Section II, the NRC provides guidance
824 to meet appendix B to 10 CFR part 50, in RG 1.174 that acceptably small
The NRC is adding and NQA–1 is one way of meeting changes are relative and depend on the
§ 50.55a(b)(2)(xxxvii)(B) to add a new portions of appendix B. current plant CDF and LERF. For plants
condition that requires that ultrasonic NQA–1 provides a method for with total baseline CDF of 10¥4 per year
examinations performed to implement establishing and implementing a QA or less, acceptably small means CDF
ASME BPV Code Case N–824 shall use program for the design and construction increases of up to 10¥5 per year; and for
dual, transmit-receive, refracted of nuclear power plants and fuel plants with total baseline CDF greater
longitudinal wave, multi-element reprocessing plants; however, NQA–1 than 10¥4 per year, acceptably small
phased array search units instead of the does not meet all of the requirements of means CDF increases of up to 10¥6 per
requirements of Paragraph 1(c)(1)(–a) of appendix B to 10 CFR part 50. Section year. For plants with total baseline
N–824. 50.55a(b)(3)(i) clarifies that licensees LERF of 10¥5 per year or less,
using NQA–1 are also required to meet acceptably small LERF increases are
10 CFR 50.55a(b)(2)(xxxvii)(C) Section appendix B to 10 CFR part 50 and the considered to be up to 10¥6 per year;
XI Condition: ASME BPV Code Case N– commitments contained in their QA and for plants with total baseline LERF
824 program descriptions. To meet the greater than 10¥5 per year, acceptably
The NRC is adding requirements of appendix B, licensees small LERF increases are considered to
§ 50.55a(b)(2)(xxxvii)(C) to add a new must address, in their quality program be up to 10¥7 per year.
condition that requires that ultrasonic description, those areas where NQA–1
10 CFR 50.55a(b)(3)(ii)(C) MOV Risk
examinations performed to implement is insufficient to meet appendix B.
Categorization
ASME BPV Code Case N–824 on piping Additional guidance and regulatory
greater than 1.6 inches (41 mm) thick positions on how to meet appendix B The NRC is adding
shall use a phased array search unit when using NQA–1 are provided in RG § 50.55a(b)(3)(ii)(C) to require, when
with a center frequency of 500 kHz with 1.28. applying Appendix III to the OM Code,
a tolerance of + /¥ 20 percent instead that licensees categorize MOVs
10 CFR 50.55a(b)(3)(ii) OM Condition: according to their safety significance
of the requirements of Paragraph Motor-Operated Valve (MOV) Testing
1(c)(1)(–c)(–2). using the methodology described in OM
The NRC is revising § 50.55a(b)(3)(ii) Code Case OMN–3 subject to the
10 CFR 50.55a(b)(2)(xxxvii)(D) Section to set forth four conditions on the use conditions discussed in RG 1.192, or
XI Condition: ASME BPV Code Case N– of mandatory Appendix III, ‘‘Preservice using an MOV risk ranking methodology
824 and Inservice Testing of Active Electric accepted by the NRC on a plant-specific
The NRC is adding Motor Operated Valve Assemblies in or industry-wide basis in accordance
§ 50.55a(b)(2)(xxxvii)(D) to add a new Light-Water Reactor Power Plants,’’ in with the conditions in the applicable
condition that requires that ultrasonic the OM Code, 2009 Edition, 2011 safety evaluation.
examinations performed to implement Addenda, and 2012 Edition. The four
10 CFR 50.55a(b)(3)(ii)(D) MOV Stroke
ASME BPV Code Case N–824 shall use conditions, which are set forth in
Time
a phased array search unit which paragraphs (b)(3)(ii)(A) through (D), are
produces angles including, but not discussed in the next four headings. The NRC is adding
limited to, 30 to 55 degrees with a § 50.55a(b)(3)(ii)(D) to require, when
10 CFR 50.55a(b)(3)(ii)(A) MOV applying Paragraph III–3600, ‘‘MOV
maximum increment of 5 degrees
Diagnostic Test Interval Exercising Requirements,’’ of Appendix
instead of the requirements of Paragraph
1(c)(1)(–d). The NRC is adding III to the OM Code, licensees shall verify
§ 50.55a(b)(3)(ii)(A) to require that that the stroke time of MOVs specified
10 CFR 50.55a(b)(3) Conditions on licensees evaluate the adequacy of the in plant technical specifications satisfies
ASME OM Code diagnostic test intervals established for the assumptions in the plant’s safety
The NRC is revising § 50.55a(b)(3) to MOVs within the scope of OM Code, analyses.
clarify that Subsections ISTA, ISTB, Appendix III, not later than 5 years or
10 CFR 50.55a(b)(3)(iii) OM Condition:
ISTC, ISTD, ISTE, and ISTF; Mandatory three refueling outages (whichever is
New Reactors
Appendices I, II, III, and V; and longer) from initial implementation of
Nonmandatory Appendices A through H OM Code, Appendix III. The NRC is adding § 50.55a(b)(3)(iii)
and J through M of the OM Code are to specify that, in addition to complying
10 CFR 50.55a(b)(3)(ii)(B) MOV Testing with the provisions in the OM Code as
each incorporated by reference into
Impact on Risk required with the conditions specified
§ 50.55a. The NRC is also clarifying that
the OM Code Nonmandatory The NRC is adding in § 50.55a(b)(3), holders of operating
Appendices incorporated by reference § 50.55a(b)(3)(ii)(B) to require that licenses for nuclear power reactors that
into § 50.55a are approved for use, but licensees ensure that the potential received construction permits under
are not mandated. The Nonmandatory increase in CDF and LERF associated this part on or after the date 12 months
Appendices may be used by applicants with the extension is acceptably small after August 17, 2017, and holders of
and licensees of nuclear power plants, when extending exercise test intervals COLs issued under 10 CFR part 52,
subject to the conditions in for high risk MOVs beyond a quarterly whose initial fuel loading occurs on or
§ 50.55a(b)(3). frequency. As specified in RG 1.192, after the date 12 months after August 17,
when extending exercise test intervals 2017, shall also comply with four
10 CFR 50.55a(b)(3)(i) OM Condition: for high risk MOVs beyond a quarterly condition on power-operated valves,
Quality Assurance frequency, licensees must ensure that check valves, flow-induced vibration,
The NRC is revising § 50.55a(b)(3)(i) the potential increase in CDF and risk and operational readiness of high-risk
to allow licensees to use the 1994 associated with the extension is small non-safety systems, to the extent
Edition, 2008 Edition, and 2009–1a and consistent with the intent of the applicable. These four conditions,
Addenda of NQA–1 when using the Commission’s Safety Goal Policy which are set forth in
§ 50.55a(b)(3)(iii)(A), (B), (C), and (D), resonance during preservice testing or guidance for the treatment of RTNSS
are discussed in the next four headings. inservice testing to identify potential equipment that is consistent with
adverse flow effects that might impact Commission policy. Guidance on the
10 CFR 50.55a(b)(3)(iii)(A) Power-
components within the scope of the IST implementation of the Commission
Operated Valves (First Condition on
program. policy for RTNSS equipment is set forth
New Reactors)
10 CFR 50.55a(b)(3)(iii)(D) High Risk in NRC Inspection Procedure 73758,
The NRC is adding ‘‘Part 52, Functional Design and
§ 50.55a(b)(3)(iii)(A) to require that Non-Safety Systems (Fourth Condition
on New Reactors) Qualification, and Preservice and
licensees subject to § 50.55a(b)(3)(iii) Inservice Testing Programs for Pumps,
periodically verify the capability of The NRC is adding Valves and Dynamic Restraints,’’ dated
power-operated valves (POVs) to § 50.55a(b)(3)(iii)(D) to require that April 19, 2013.
perform their design-basis safety licensees subject to § 50.55a(b)(3)(iii)
functions. establish a program to assess the 10 CFR 50.55a(b)(3)(iv) OM Condition:
operational readiness of pumps, valves, Check Valves (Appendix II)
10 CFR 50.55a(b)(3)(iii)(B) Check Valves and dynamic restraints within the scope
(Second Condition on New Reactors) of the Regulatory Treatment of Non- The NRC is revising § 50.55a(b)(3)(iv)
The NRC is adding Safety Systems for applicable reactor to extend the existing conditions on the
§ 50.55a(b)(3)(iii)(B) to require that designs. As of the time of this final rule, use of Appendix II to the new Editions
licensees subject to § 50.55a(b)(3)(iii) these are designs which have been and Addenda which are the subject of
perform bi-directional testing of check certified in a design certification rule this rulemaking. These conditions are
valves within the IST program where under 10 CFR part 52. This final rule that: (i) Trending and evaluation shall
practicable. refers to these RTNSS components using support the determination that the valve
the term, ‘‘high risk non-safety or group of valves is capable of
10 CFR 50.55a(b)(3)(iii)(C) Flow- systems.’’ performing its intended function(s) over
Induced Vibration (Third Condition on As noted by the public commenters, the entire interval; and (ii) at least one
New Reactors) ASME is preparing guidance for new of the Appendix II condition monitoring
The NRC is adding reactor licensees to use in developing activities for a valve group shall be
§ 50.55a(b)(3)(iii)(C) to require that programs for the treatment of RTNSS performed on each valve of the group at
licensees subject to § 50.55a(b)(3)(iii) equipment. The NRC staff is approximate equal intervals not to
monitor flow-induced vibration (FIV) participating on the OM Code exceed the maximum interval shown in
from hydrodynamic loads and acoustic committees to assist in developing the following table:
MAXIMUM INTERVALS FOR USE WHEN APPLYING INTERVAL EXTENSIONS

Maximum Maximum
interval interval
between between
Group size activities of activities of
member valves each valve
in the groups in the group
(years) (years)
≥4 ..................................................................................................................................................................... 4.5 16
3 ....................................................................................................................................................................... 4.5 12
2 ....................................................................................................................................................................... 6 12
1 ....................................................................................................................................................................... Not applicable 10
The conditions currently specified for NRC approval in accordance with establishing a risk-informed IST
the use of Appendix II, 1995 Edition § 50.55a(z) to apply Subsection ISTE on program, the licensee should address a
with the 1996 and 1997 Addenda, and a plant-specific basis as a risk-informed wide range of components important to
1998 Edition through the 2002 alternative to the applicable IST safety at the nuclear power plant that
Addenda, of the OM Code remain the requirements in the OM Code. includes both safety-related and
same in this final rule. The NRC will evaluate § 50.55a(z) nonsafety-related components. These
10 CFR 50.55a(b)(3)(vii) OM Condition: requests for approval to implement components might extend beyond the
Subsection ISTB Subsection ISTE in accordance with the scope of the OM Code.
following considerations. These 2. Risk-Ranking Methodology
The NRC is adding § 50.55a(b)(3)(vii)
considerations are consistent with the
to prohibit the use of Subsection ISTB
in the 2011 Addenda to the OM Code. guidance provided in RG 1.174. The licensee should specify, in its
1. Scope of Risk-Informed IST Program request for authorization to implement a
10 CFR 50.55a(b)(3)(viii) OM Condition: risk-informed IST program, the
Subsection ISTE Subsection ISTE–1100, methodology to be applied in risk
The NRC is adding § 50.55a(b)(3)(viii) ‘‘Applicability,’’ establishes the ranking its components. ISTE–4000,
to specify that licensees who wish to component safety categorization ‘‘Specific Component Categorization
implement Subsection ISTE, ‘‘Risk- methodology and process for dividing Requirements,’’ incorporates OM Code
Informed Inservice Testing of the population of pumps and valves, as Case OMN–3 for the categorization of
Components in Light-Water Reactor identified in the IST Program Plan, into pumps and valves in developing a risk-
Nuclear Power Plants,’’ of the OM Code, high safety significant component informed IST program. The OMN–3
2009 Edition, 2011 Addenda, and 2012 (HSSC) and low safety significant Code Case methodology for risk ranking
Edition, must first request and obtain component (LSSC) categories. When uses two categories of safety
significance. The NRC staff has also Probabilistic Risk Assessment Results in the OM Code to address weaknesses
accepted other methodologies for risk for Risk-Informed Activities,’’ and RG in the Code requirements to assess the
ranking that use three categories of 1.201, ‘‘Guidelines for Categorizing operational readiness of pumps to
safety significance. Structures, Systems, and Components in perform their design-basis safety
Nuclear Power Plants According to their function. Therefore, the licensee should
3. Safety Significance Categorization
Safety Significance,’’ provide guidance ensure that testing under Subsection
The licensee should categorize for PRA technical adequacy and ISTE will provide assurance of the
components according to their safety component risk ranking. operational readiness of pumps in each
significance based on the methodology (f) The implementation of ISTE–4240, safety significant categorization to
described in Subsection ISTE with the ‘‘Reconciliation,’’ should specify that perform their design-basis safety
applicable conditions on the use of OM the expert panel may not classify function as described in RGs 1.174 and
Code Case OMN–3 specified in RG components that are ranked HSSC by 1.175.
1.192, or use other risk ranking the results of a qualitative or
methodologies accepted by the NRC on quantitative PRA evaluation (excluding 5. Motor-Operated Valve Testing
a plant-specific or industry-wide basis the sensitivity studies) or the defense- Subsection ISTE–5300, ‘‘Motor
with applicable conditions specified by in-depth assessment to LSSC. Operated Valve Assemblies,’’ provides a
the NRC for their acceptance. The (g) The implementation of ISTE–3220, risk-informed IST approach instead of
licensee should address the seven ‘‘Living PRA,’’ should be consistent the IST requirements for MOVs in
conditions in RG 1.192 for the use of with the following: (i) To account for Mandatory Appendix III to the OM
OM Code Case OMN–3, as appropriate, potential changes in failure rates and Code. The ASME prepared Appendix III
in developing the risk-informed IST other changes that could affect the PRA, to the OM Code to replace the
program described in Subsection ISTE. changes to the plant must be reviewed requirement for quarterly stroke-time
With respect to the provisions in and, as appropriate, the PRA updated; testing of MOVs with a program of
Subsection ISTE, these conditions are: (ii) when the PRA is updated, the periodic exercising and diagnostic
(a) The implementation of ISTE–1100 categorization of structures, systems, testing to address lessons learned from
should include within the scope of a and components must be reviewed and nuclear power plant operating
licensee’s risk-informed IST program changed, if necessary, to remain experience and industry and regulatory
non-ASME OM Code pumps and valves consistent with the categorization research programs for MOV
categorized as HSSCs that might not process; and (iii) the review of the plant performance. Subsection ISTC of the
currently be included in the IST changes must be performed in a timely OM Code specifies the implementation
program at the nuclear power plant. manner and must be performed once of Appendix III for periodic exercising
(b) The decision criteria discussed in every two refueling outages, or as and diagnostic testing of MOVs to
ISTE–4410, ‘‘Decision Criteria,’’ and required by § 50.71(h)(2) for COL replace quarterly stroke-time testing
Nonmandatory Appendix L, holders. previously required for MOVs.
‘‘Acceptance Guidelines,’’ of the OM Appendix III incorporates provisions
Code for evaluating the acceptability of 4. Pump Testing
that allow a risk-informed IST approach
aggregate risk effects (i.e., for CDF and Subsection ISTE–5100, ‘‘Pumps,’’ for MOVs as described in OM Code
LERF) should be consistent with the incorporates OM Code Case OMN–7 for Cases OMN–1 and OMN–11. Subsection
guidance provided in RG 1.174, ‘‘An risk-informed testing of pumps ISTE–5300 is not consistent with the
Approach for Using Probabilistic Risk categorized as LSSCs. Subsection ISTE– provisions for the risk-informed IST
Assessment in Risk-Informed Decisions 5100 allows the interval for Group A program for MOVs specified in
on Plant-Specific Changes to the and Group B testing of LSSC pumps Appendix III to the OM Code (and Code
Licensing Basis.’’ specified in Subsection ISTB of the OM Cases OMN–1 and 11). Therefore,
(c) The implementation of ISTE–4440, Code to be extended from the current 3- licensees who wish to implement
‘‘Defense in Depth,’’ should be month interval to intervals of 6 months Subsection ISTE should address the
consistent with the guidance contained or 2 years. Subsection ISTE–5100 provisions in paragraph III–3700, ‘‘Risk-
in Section 2.2.1, ‘‘Defense-in-Depth eliminates the requirement in Informed MOV Inservice Testing,’’ of
Evaluation,’’ and Section 2.2.2, ‘‘Safety Subsection ISTB to perform Appendix III to the OM Code as
Margin Evaluation,’’ of RG 1.175, ‘‘An comprehensive pump testing for LSSC incorporated by reference in § 50.55a,
Approach for Plant-Specific, Risk- pumps. Table ISTE–5121–1, ‘‘LSSC with the applicable conditions, instead
Informed Decisionmaking: Inservice Pump Testing,’’ specifies that pump of ISTE–5300.
Testing.’’ operation may be required more
(d) The implementation of ISTE–4500, frequently than the specified test 6. Pneumatically and Hydraulically
‘‘Inservice Testing Program,’’ and ISTE– frequency (6 months) to meet vendor Operated Valve Testing
6100, ‘‘Performance Monitoring,’’ recommendations. Subsection ISTE– Subsection ISTE–5400,
should be consistent with the guidance 4500, ‘‘Inservice Testing Program,’’ ‘‘Pneumatically and Hydraulically
contained in Section 3.2, ‘‘Program specifies in ISTE–4510, ‘‘Maximum Operated Valves,’’ specifies that
Implementation,’’ and Section 3.3, Testing Interval,’’ that the maximum licensees test their AOVs and HOVs in
‘‘Performance Monitoring,’’ of RG 1.175. testing interval shall be based on the accordance with Appendix IV to the OM
(e) The implementation of ISTE–3210, more limiting of (a) the results of the Code. Subsection ISTE–5400 indicates
‘‘Plant-Specific PRA,’’ should be aggregate risk, or (b) the performance that Appendix IV is in the course of
consistent with the guidance that the history of the component. ISTE–5130, preparation. The NRC staff will need to
Owner is responsible for demonstrating ‘‘Maximum Test Interval—Pre-2000 review Appendix IV prior to accepting
and justifying the technical adequacy of Plants,’’ specifies that the most limiting its use as part of Subsection ISTE.
the PRA analyses used as the basis to interval for LSSC pump testing shall be Therefore, licensees who wish to
perform component risk ranking and for determined from ISTE–4510 and ISTE– implement Subsection ISTE should
estimating the aggregate risk impact. For 5120, ‘‘Low Safety Significant Pump describe the planned IST provisions for
example, RG 1.200, ‘‘An Approach for Testing.’’ The ASME developed the AOVs and HOVs in its request for
Determining the Technical Adequacy of comprehensive pump test requirements approval to implement Subsection ISTE.
7. Pump Periodic Verification Test to pumps and valves that are within the 10 CFR 50.55a(g)(6)(ii)(D) Augmented
Subsection ISTE does not include a scope of the OM Code. The NRC is also ISI Requirements: Reactor Vessel Head
requirement to implement the pump including an additional provision in Inspections
periodic verification test program § 50.55a(f)(4) stating that the IST The NRC is revising
specified in Mandatory Appendix V to requirements for pumps and valves that § 50.55a(g)(6)(ii)(D) to reflect the NRC’s
the OM Code, 2012 Edition. Therefore, are within the scope of the OM Code but approval of ASME BPV Code Case N–
licensee should address the are not classified as ASME BPV Code 729–4, which supersedes the NRC’s
consideration of a pump periodic Class 1, Class 2, or Class 3 may be earlier approval of ASME BPV Code
verification test program in its risk- satisfied as an augmented IST program, Case N–729–1. The revisions include
informed IST program, proposed as part in accordance with § 50.55a(f)(6)(ii), changes to the conditions governing the
of the authorization request to without requesting relief under use of the Code Case to reflect the
implement Subsection ISTE. § 50.55a(f)(5) or alternatives under change from N–729–1 to N–729–4. The
§ 50.55a(z). This use of an augmented effect of these changes is to require
10 CFR 50.55a(b)(3)(ix) OM Condition:
IST program may be acceptable licensees to implement an augmented
Subsection ISTF
provided the basis for deviations from ISI program for the examination of the
The NRC is adding § 50.55a(b)(3)(ix) pressurized water reactor RPV upper
to specify that licensees applying the OM Code, as incorporated by
head penetrations. The following
Subsection ISTF, ‘‘Inservice Testing of reference in this section, demonstrates
discussions provide a more detailed
Pumps in Light-Water Reactor Nuclear an acceptable level of quality and safety,
discussion of the revisions to
Power Plants—Post-2000 Plants,’’ in the or that implementing the Code § 50.55a(g)(6)(ii)(D).
2012 Edition of the OM Code shall provisions would result in hardship or
satisfy the requirements of Mandatory unusual difficulty without a 10 CFR 50.55a(g)(6)(ii)(D)(1)
Appendix V, ‘‘Pump Periodic compensating increase in the level of Implementation
Verification Test Program,’’ of the OM quality and safety, where documented The NRC is revising
Code, 2012 Edition. The paragraph also and available for NRC review. These § 50.55a(g)(6)(ii)(D)(1) to require
states that Subsection ISTF, 2011 changes align the scope of pumps and licensees to implement an augmented
Addenda, is not acceptable for use. valves for inservice testing with the ISI program for the examination of the
scope defined in the OM Code without pressurized water reactor RPV upper
10 CFR 50.55a(b)(3)(x) OM Condition: head penetrations meeting ASME BPV
ASME OM Code Case OMN–20 imposing an unnecessary paperwork
burden on nuclear power plant Code Case N–729–4 instead of the
The NRC is adding § 50.55a(b)(3)(x) to licensees for the submittal of relief and previously approved requirements to
allow licensees to implement OM Code alternative requests for pumps and use ASME BPV Code Case N–729–1, as
Case OMN–20, ‘‘Inservice Test valves within the scope of the OM Code conditioned by the NRC.
Frequency,’’ in the OM Code, 2012
but not classified as ASME BPV Code Removal of Existing Conditions in 10
Edition, for the editions and addenda of
Class 1, Class 2, or Class 3 components. CFR 50.55a(g)(6)(ii)(D)(2) Through (5)
the OM Code that are listed in
§ 50.55a(a)(1)(iv). 10 CFR 50.55a(g) Preservice and The NRC is removing the existing
Inservice Inspection Requirements conditions in § 50.55a(g)(6)(ii)(D)(2)
10 CFR 50.55a(b)(3)(xi) OM Condition: through (5) and redesignating the
Valve Position Indication The NRC is revising the heading in existing condition in
The NRC is adding § 50.55a(b)(3)(xi) § 50.55a(g), adding new paragraphs § 50.55a(g)(6)(ii)(D)(6) as
to emphasize the provisions in the OM (g)(2)(i), (ii), and (iii), and revising § 50.55a(g)(6)(ii)(D)(2).
Code, 2012 Edition, Subsection ISTC– current paragraphs (g) introductory text, 10 CFR 50.55a(g)(6)(ii)(D)(2) Appendix I
3700, ‘‘Position Verification Testing,’’ to (g)(2), (g)(3) introductory text, and Use
verify that valve obturator position is (g)(3)(i), (ii), and (v) to distinguish the
accurately indicated. The OM Code, The NRC is revising the existing
requirements for accessibility,
Subsection ISTC–3700 requires valves condition in § 50.55a(g)(6)(ii)(D)(6),
preservice examination, and inservice
with remote position indicators shall be which is redesignated as
inspection. No substantive change to the § 50.55a(g)(6)(ii)(D)(2) in this final rule,
observed locally at least once every 2 requirements is intended by these
years to verify that valve operation is to require NRC approval prior to
revisions. implementing Appendix I of ASME BPV
accurately indicated. Licensees will be
required to implement the condition 10 CFR 50.55a(g)(4) Inservice Inspection Code Case N–729–4.
when adopting the 2012 Edition of the Standards Requirement for Operating 10 CFR 50.55a(g)(6)(ii)(D)(3) Bare Metal
OM Code as their Code of Record for the Plants Visual Frequency
applicable 120-month IST interval.
The NRC is revising § 50.55a(g)(4)(ii) The NRC is adding a new condition
10 CFR 50.55a(f) Preservice and to add an implementation period of 18- in § 50.55a(g)(6)(ii)(D)(3) which requires
Inservice Testing Requirements cold head plants with less than eight
months for licensees whose ISI interval
The NRC is revising the heading for commences during the 12 through 18- effective degradation years (EDY<8)
§ 50.55a(f) and clarifying that the OM month period after the publication of without PWSCC flaws to perform a bare
Code includes provisions for preservice this final rule. The NRC is also revising metal visual examination (VE) each
testing of components as part of its outage a volumetric exam is not
§ 50.55a(g)(4)(i) and (ii) to add a

overall provisions for IST programs. performed and allows these plants to
provision allowing licensees to adopt
extend the bare metal visual inspection
10 CFR 50.55a(f)(4) Inservice Testing the latest version of Appendix VIII of frequency from once each refueling
Standards Requirement for Operating the ASME BPV Code edition or addenda outage, as stated in Table 1 of N–729–
Plants listed in § 50.55a(a)(1) at any time in the 4, to once every 5 years, only if the
The NRC is revising § 50.55a(f)(4) to licensee’s 120-month ISI interval. licensee performed a wetted surface
ensure that the paragraph is applicable examination of all of the partial
penetration welds during the previous baseline examinations, must meet the 10 CFR 50.55a(g)(6)(ii)(F)(7) Defining
volumetric examination. In addition, requirements of ASME BPV Code Case ‘‘t’’
this new condition clarifies that a bare N–770–2, as conditioned in this section. The NRC is revising
metal visual examination is not required Additionally, this condition clarifies § 50.55a(g)(6)(ii)(F)(7) to add an
during refueling outages when a that the examination coverage explanatory heading, ‘‘Defining ‘t’.’’
volumetric or surface examination is requirements, for a licensee to count
performed of the partial penetration previous inspections as baseline 10 CFR 50.55a(g)(6)(ii)(F)(8) Optimized
welds. examinations, must meet the Weld Overlay Examination
10 CFR 50.55a(g)(6)(ii)(D)(4) Surface examination coverage requirements The NRC is revising
Exam Acceptance Criteria described in Paragraphs –2500(a) or § 50.55a(g)(6)(ii)(F)(8) to add an
–2500(b) of ASME BPV Code Case N– explanatory heading, ‘‘Optimized weld
The NRC is adding a new condition
770–2, as conditioned by the NRC in overlay examination,’’ and to continue
in § 50.55a(g)(6)(ii)(D)(4) clarifying that
this section. Upon implementation of the current condition located in
rounded indications found by surface
this rule, if a licensee is currently in an § 50.55a(g)(6)(ii)(F)(9) which requires
examinations of the partial-penetration
outage, then the baseline inspection that the initial examination of optimized
or associated fillet welds in accordance
requirement can be met by performing weld overlays (i.e., Inspection Item C–2
with N–729–4 must meet the acceptance
the inspections in accordance with the of ASME BPV Code Case N–770–2) be
criteria for surface examinations of
previous regulatory requirements of performed between the third refueling
paragraph NB–5352 of ASME 2013
§ 50.55a(g)(6)(ii)(F), in lieu of the outage and no later than 10 years after
Edition of Section III for the licensee’s
examination requirements of Paragraphs application of the overlay and delete the
ongoing 10-year ISI interval.
–2500(a) or –2500(b) of ASME BPV other current examination requirements
10 CFR 50.55a(g)(6)(ii)(F)(1) for optimized weld overlay examination
Code Case N–770–2.
Implementation frequency, as these requirements were
The NRC is revising 10 CFR 50.55a(g)(6)(ii)(F)(4) included in the revision from N–770–1
§ 50.55a(g)(6)(ii)(F)(1) to require Examination Coverage to N–770–2.
licensees to implement an augmented 10 CFR 50.55a(g)(6)(ii)(F)(9) Deferral
The NRC is revising
ISI program for the examination of
ASME Class 1 piping and nozzle butt § 50.55a(g)(6)(ii)(F)(4) to clarify that The NRC is revising
welds meeting ASME BPV Code Case when licensees are implementing § 50.55a(g)(6)(ii)(F)(9) to add an
N–770–2 instead of the previously paragraph –2500(a) of ASME BPV Code explanatory heading, ‘‘Deferral,’’ and to
approved ASME BPV Code Case N–770– Case N–770–2, essentially 100 percent modify the current condition to
1. of the required volumetric examination continue denial of the deferral of the
Furthermore, the NRC is revising coverage shall be obtained, including initial inservice examination of
§ 50.55a(g)(6)(ii)(F)(1) to update the date greater than 90 percent volumetric uncracked welds mitigated by
of applicability for pressurized water examination coverage is obtained for optimized weld overlays. These welds
reactors, to note the change to circumferential flaws, to continue the shall continue to have their initial
implement ASME BPV Code Case N– restriction on the licensee’s use of inservice examinations as prescribed in
770–2 instead of N–770–1, and to reflect Paragraph –2500(c) and to continue the N–770–1 within 10 years of the
the number of conditions which must be restriction that the use of new Paragraph application of the optimized weld
applied. –2500(d) of ASME BPV Code Case N– overlay and not allow deferral of this
initial examination. Subsequent
10 CFR 50.55a(g)(6)(ii)(F)(2) 770–2 is not allowed without prior NRC
inservice examinations may be deferred
Categorization review and approval in accordance with
as allowed by N–770–2. Additionally,
§ 50.55a(z), as it would permit a
The NRC is revising the modified condition will delete the
reduction in volumetric examination current condition on examination
§ 50.55a(g)(6)(ii)(F)(2) to clarify the
coverage for circumferential flaws. requirements for the deferral of welds
requirements for licensees to establish
the initial categorization of each weld However, a licensee may request mitigated by inlay, onlay, stress
and modify the wording to reflect the approval for use of these paragraphs improvement and optimized weld
ASME BPV Code Case N–770–2 change under § 50.55a(z), and the NRC may overlay, as these requirements were,
in the inspection item category for full approve the request if technically with one exception (i.e., optimized weld
structural weld overlays (C to C–1 and justified. overlay), included in the revision from
F to F–1). Additionally, the NRC is 10 CFR 50.55a(g)(6)(ii)(F)(5) Inlay/Onlay N–770–1 to N–770–2.
adding a sentence which clarifies the Inspection Frequency 10 CFR 50.55a(g)(6)(ii)(F)(10)
NRC position that Paragraph –1100(e) of Examination Technique
ASME BPV Code Case N–770–2 shall The NRC is revising
not be used to exempt welds that rely § 50.55a(g)(6)(ii)(F)(5) to add an The NRC is revising
on Alloy 82/182 for structural integrity explanatory heading, ‘‘Inlay/onlay § 50.55a(g)(6)(ii)(F)(10) to add an
from any requirement of inspection frequency,’’ and to make explanatory heading, ‘‘Examination
§ 50.55a(g)(6)(ii)(F). minor editorial corrections without technique,’’ and to modify the current
substantive changes in the requirement. condition to allow the previously
10 CFR 50.55a(g)(6)(ii)(F)(3) Baseline prohibited alternate examination
Examinations 10 CFR 50.55a(g)(6)(ii)(F)(6) Reporting requirements of Note (b) of Figure 5(a)

The NRC is revising Requirements of ASME BPV Code Cases N–770–1 and
§ 50.55a(g)(6)(ii)(F)(3) to clarify the N–770–2 and the same requirements in
current requirement in this paragraph to The NRC is revising Note 14(b) of Table 1 of ASME BPV
complete baseline examinations by § 50.55a(g)(6)(ii)(F)(6) to add an Code Case N–770–2 for optimized weld
stating that previously-conducted explanatory heading, ‘‘Reporting overlays only if the full examination
examinations, in order to count as requirements.’’ requirements of Note 14(a) of Table 1 of
ASME BPV Code Case N–770–2 cannot NUREG–1950, ‘‘Disposition of Public subject to the conditions of this rule, are
be met. Comments and Technical Bases for acceptable for the AMPs in the GALL
Changes in the License Renewal Report and the conclusions of the GALL
10 CFR 50.55a(g)(6)(ii)(F)(11) Cast
Guidance Documents NUREG–1801 and Report remain valid with the
Stainless Steel
NUREG–1800,’’ which describes the augmentations specifically noted in the
The NRC is adding technical bases for the changes in GALL Report. Accordingly, an applicant
§ 50.55a(g)(6)(ii)(F)(11) to provide a new Revision 2 of the GALL Report and for license renewal may use, in its plant-
condition requiring licensees to Revision 2 of the SRP for review of specific license renewal application,
establish a Section XI, Appendix VIII, license renewal applications. Revision 2 Subsections IWB, IWC, IWD, IWE, IWF,
qualification requirement for ultrasonic of the GALL Report, in Sections XI.M1, and IWL of Section XI of the 2007
inspection of cast stainless steel and XI.S1, XI.S2, and XI.S3, describes the Edition with the 2009 Addenda through
through cast stainless steel to meet the evaluation and technical bases for the 2013 Edition of the ASME BPV
examination requirements of Paragraph determining the sufficiency of ASME Code, as subject to the conditions in this
–2500(a) of ASME BPV Code Case N– BPV Code Subsections IWB, IWC, IWD, rule, without additional justification.
770–2 by January 1, 2022. IWE, IWF, and IWL for managing aging Similarly, a licensee approved for
10 CFR 50.55a(g)(6)(ii)(F)(12) Stress during the period of extended operation. license renewal that relied on the GALL
Improvement Inspection Coverage In addition, many other AMPs in the AMPs may use Subsections IWB, IWC,
GALL Report rely, in part but to a lesser IWD, IWE, IWF, and IWL of Section XI
The NRC is adding degree, on the requirements specified in
§ 50.55a(g)(6)(ii)(F)(12) to provide a new of the 2007 Edition with the 2009
the ASME BPV Code, Section XI. Addenda through the 2013 Edition of
condition that would allow licensees to Revision 2 of the GALL Report also
implement a stress improvement the ASME BPV Code. However, a
states that the 1995 Edition through the licensee must assess and follow
mitigation technique for items 2004 Edition of the ASME BPV Code,
containing cast stainless steel that applicable NRC requirements with
Section XI, Subsections IWB, IWC, IWD, regard to changes to its licensing basis.
would meet the requirements of IWE, IWF, and IWL, as modified and
Appendix I of ASME BPV Code Case N– Some of the AMPs in the GALL Report
limited by § 50.55a, were found to be recommend augmentation of certain
770–2, if the required examination acceptable editions and addenda for
volume can be examined by Appendix Code requirements in order to ensure
complying with the requirements of
VIII procedures to the maximum extent adequate aging management for license
§ 54.21(a)(3), unless specifically noted
practical including 100 percent of the renewal. The technical and regulatory
in certain sections of the GALL Report.
susceptible material volume. aspects of the AMPs for which
The GALL Report further states that the
augmentations are recommended also
10 CFR 50.55a(g)(6)(ii)(F)(13) Encoded future Federal Register notices that
apply if the editions or addenda from
Ultrasonic Examination amend § 50.55a will discuss the
the 2007 Edition with the 2009
acceptability of editions and addenda
The NRC is adding Addenda through the 2013 Edition of
more recent than the 2004 edition for
§ 50.55a(g)(6)(ii)(F)(13) to provide a new Section XI of the ASME BPV Code are
their applicability to license renewal.
condition requiring licensees to perform In a final rule issued on June 21, 2011 used to meet the requirements of
encoded examinations of 100 percent of (76 FR 36232), subsequent to Revision 2 § 54.21(a)(3). The NRC staff evaluated
the required inspection volume when of the GALL Report, the NRC found that the changes in the 2007 Edition with the
required to perform volumetric the 2004 Edition with the 2005 2009 Addenda through the 2013 Edition
examinations of all non-mitigated and Addenda through the 2007 Edition with of Section XI of the ASME BPV Code to
cracked mitigated butt welds in the the 2008 Addenda of Section XI of the determine if the augmentations
reactor coolant pressure boundary in ASME BPV Code, Subsections IWB, described in the GALL Report remain
accordance with ASME BPV Code Case IWC, IWD, IWE, IWF, and IWL, as necessary. The NRC staff’s evaluation
N–770–2. subject to the conditions in § 50.55a, are has concluded that the augmentations
VI. Generic Aging Lessons Learned acceptable for the AMPs in the GALL described in the GALL Report are
Report Report and the conclusions of the GALL necessary to ensure adequate aging
Report remain valid with the management. For example, Table IWB–
Background augmentations specifically noted in the 2500–1, in the 2007 Edition with the
In December 2010, the NRC issued GALL Report. 2009 Addenda of ASME BPV Code,
NUREG–1801, Revision 2, for applicants Section XI, Subsection IWB, requires
to use in preparing their license renewal Evaluation With Respect to Aging surface examination of ASME BPV Code
applications. The GALL Report provides Management Class 1 branch pipe connection welds
aging management programs (AMPs) As part of this rulemaking, the NRC less than nominal pipe size (NPS) 4
that the NRC staff has concluded are evaluated whether those AMPs in under Examination Category B–J.
sufficient for aging management in Revision 2 of the GALL Report which However, the NRC staff finds that
accordance with the license renewal rely upon Subsections IWB, IWC, IWD, volumetric or opportunistic destructive
rule, as required in § 54.21(a)(3). In IWE, IWF, and IWL of Section XI in the examination, rather than surface
addition, NUREG–1800, Revision 2, editions and addenda of the ASME BPV examination, is necessary to adequately
‘‘Standard Review Plan for Review of Code incorporated by reference into detect and manage the aging effect due
License Renewal Applications for § 50.55a, continue to be acceptable if the to stress corrosion cracking or thermal,
Nuclear Power Plants,’’ was issued in AMP relies upon the versions of these mechanical and vibratory loadings in
December 2010 to ensure the quality Subsections in the 2007 Edition with the components for the period of
and uniformity of NRC staff reviews of the 2009 Addenda through the 2013 extended operation. Therefore, GALL
license renewal applications and to Edition. The NRC finds that the 2007 Report Section XI.M35, ‘‘One-Time
present a well-defined basis on which Edition with the 2009 Addenda through Inspection of ASME BPV Code Class 1
the NRC staff evaluates the applicant’s the 2013 Edition of Section XI of the Small-Bore Piping,’’ includes the
aging management programs and ASME BPV Code, Subsections IWB, augmentation of the requirements in
activities. In April 2011, the NRC issued IWC, IWD, IWE, IWF, and IWL, as ASME BPV Code, Section XI,
Subsection IWB to perform a one-time or the operating license or the design addenda of Section III does not
inspection of a sample of ASME BPV approval. constitute ‘‘backfitting’’ as defined in
Code Class 1 piping less than NPS 4 and Section 50.55a requires nuclear power § 50.109(a)(1).
greater than or equal to NPS 1 using plant licensees to:
• Construct ASME BPV Code Class 1, Overall Backfitting Considerations:
volumetric or opportunistic destructive Section XI of the ASME BPV Code and
examination. The GALL Report 2, and 3 components in accordance with
the rules provided in Section III, the OM Code
addresses this augmentation to confirm
that there is no need to manage age- Division 1, of the ASME BPV Code Incorporation by reference of more
related degradation through periodic (‘‘Section III’’). recent editions and addenda of Section
volumetric inspections or that an • Inspect Class 1, 2, 3, Class MC, and XI of the ASME BPV Code and the OM
existing AMP (for example, Water Class CC components in accordance Code affects the ISI and IST programs of
Chemistry AMP) is effective to manage with the rules provided in Section XI, operating reactors. However, the Backfit
the aging effect due to stress corrosion Division 1, of the ASME BPV Code Rule generally does not apply to
cracking or thermal, mechanical and (‘‘Section XI’’). incorporation by reference of later
vibratory loadings for the period of • Test Class 1, 2, and 3 pumps, editions and addenda of the ASME BPV
extended operation. A license renewal valves, and dynamic restraints Code (Section XI) and OM Code. As
applicant may either augment its AMPs (snubbers) in accordance with the rules previously mentioned, the NRC’s
as described in the GALL Report, or provided in the OM Code. longstanding regulatory practice has
This final rule is incorporating by been to incorporate later versions of the
propose alternatives for the NRC to
reference the 2009 Addenda, 2010 ASME Codes into § 50.55a. Under
review as part of the applicant’s plant-
Edition, 2011 Addenda, and the 2013 § 50.55a, licensees shall revise their ISI
specific justification for its AMPs.
Edition of the ASME BPV Code, Section and IST programs every 120 months to
VII. Regulatory Flexibility Certification III, Division 1 and ASME BPV Code, the latest edition and addenda of
Under the Regulatory Flexibility Act Section XI, Division 1, including NQA– Section XI of the ASME BPV Code and
(5 U.S.C. 605(b)), the NRC certifies that 1 (with conditions on its use), as well the OM Code incorporated by reference
this rule does not have a significant as the 2009 Edition and 2011 Addenda into § 50.55a 12 months before the start
economic impact on a substantial and 2012 Edition of the OM Code and of a new 120-month ISI and IST
number of small entities. This final rule Code Cases N–770–2 and N–729–4. interval. Therefore, when the NRC
The ASME BPV and OM Codes are approves and requires the use of a later
affects only the licensing and operation
national consensus standards developed version of the Code for ISI and IST, it
of nuclear power plants. The companies
by participants with broad and varied is implementing this longstanding
that own these plants do not fall within
interests, in which all interested parties regulatory practice and requirement.
the scope of the definition of ‘‘small
(including the NRC and utilities) Other circumstances where the NRC
entities’’ set forth in the Regulatory
participate. A consensus process does not apply the Backfit Rule to the
Flexibility Act or the size standards
involving a wide range of stakeholders approval and requirement to use later
established by the NRC (§ 2.810).
is consistent with the NTTAA, Code editions and addenda are as
VIII. Regulatory Analysis inasmuch as the NRC has determined follows:
The NRC has prepared a final that there are sound regulatory reasons 1. When the NRC takes exception to
regulatory analysis on this regulation. for establishing regulatory requirements a later ASME BPV Code or OM Code
The analysis examines the costs and for design, maintenance, ISI, and IST by provision but merely retains the current
benefits of the alternatives considered rulemaking. The process also facilitates existing requirement, prohibits the use
by the NRC. The regulatory analysis is early stakeholder consideration of of the later Code provision, limits the
available as indicated in the backfitting issues. Therefore, the NRC use of the later Code provision, or
‘‘Availability of Documents’’ section of believes that the NRC need not address supplements the provisions in a later
this document. backfitting with respect to the NRC’s Code. The Backfit Rule does not apply
general practice of incorporating by because the NRC is not imposing new
IX. Backfitting and Issue Finality reference updated ASME Codes. requirements. However, the NRC
explains any such exceptions to the
Introduction Overall Backfitting Considerations:
Code in the statement of considerations
The NRC’s Backfit Rule in § 50.109 Section III of the ASME BPV Code
and regulatory analysis for the rule.
states that the NRC shall require the Incorporation by reference of more 2. When an NRC exception relaxes an
backfitting of a facility only when it recent editions and addenda of Section existing ASME BPV Code or OM Code
finds the action to be justified under III of the ASME BPV Code does not provision but does not prohibit a
specific standards stated in the rule. affect a plant that has received a licensee from using the existing Code
Section 50.109(a)(1) defines backfitting construction permit or an operating provision. The Backfit Rule does not
as the modification of or addition to license or a design that has been apply because the NRC is not imposing
systems, structures, components, or approved. This is because the edition new requirements.
design of a facility; the design approval and addenda to be used in constructing 3. The NRC’s consideration of
or manufacturing license for a facility; a plant are, under § 50.55a, determined backfitting for modifications and
or the procedures or organization based on the date of the construction limitations imposed during previous
required to design, construct, or operate permit, and are not changed thereafter, routine updates of § 50.55a have
a facility. Any of these modifications or except voluntarily by the licensee. The established a precedent for determining
additions may result from a new or incorporation by reference of more the kinds of modifications or limitations
amended provision in the NRC’s rules recent editions and addenda of Section which should be considered backfitting,
or the imposition of a regulatory III ordinarily applies only to applicants or require a backfit analysis (e.g., final
position interpreting the NRC’s rules after the effective date of a final rule rule dated September 10, 2008 (73 FR
that is either new or different from a incorporating these new editions and 52730), and a correction dated October
previously applicable NRC position addenda. Therefore, incorporation by 2, 2008 (73 FR 57235)). The
after issuance of the construction permit reference of a more recent edition and consideration of backfitting and issue
finality with respect to the requirements of NQA–1, 1994 Edition, condition in § 50.55a(b)(2)(viii)(H)
modifications and limitations in this 2008 Edition, and the 2009–1a Addenda captures the reporting requirements of
rulemaking are consistent with the are acceptable for use, provided that the the current § 50.55a(b)(2)(viii)(E) which
consideration and application of edition and addenda of NQA–1 were not included in IWL–2512.
backfitting and issue finality specified in either NCA–4000 or NCA– Therefore, this change is not a backfit
requirements to analogous 7000 is used in conjunction with the because the requirements have not
modifications and limitations in administrative, quality, and technical changed. The revision to add the
previous § 50.55a rulemakings. provisions contained in the edition and condition in § 50.55a(b)(2)(viii)(I)
The incorporation by reference and addenda of Section III being used. This addresses a new code provision in IWL–
adoption of a requirement mandating revision clarifies the current 2512(b) for evaluation of below-grade
the use of a later ASME BPV Code or requirements, and is considered to be concrete surfaces during the period of
OM Code may constitute backfitting in consistent with the meaning and intent extended operation of a renewed
some circumstances. In these cases, the of the current requirements, and license. The condition assures
NRC would perform a backfit analysis or therefore is not considered to result in consistency with the GALL Report,
documented evaluation in accordance a change in requirements. Therefore, Revision 2, and applies to plants going
with § 50.109. These include the this change is not a backfit. forward using the 2007 Edition with
following: 3. Add a new condition as 2009 Addenda through the 2013 Edition
1. When the NRC endorses a later § 50.55a(b)(1)(viii), ‘‘Use of ASME of Subsection IWL. The requirements
provision of the ASME BPV Code or OM Certification Marks,’’ to allow licensees remain unchanged from the
Code that takes a substantially different to use either the ASME BPV Code recommendations in the GALL Report
direction from the existing Symbol Stamp or ASME Certification and, therefore, this change is not a
requirements, the action is treated as a Mark with the appropriate certification backfit.
backfit (e.g., 61 FR 41303 (August 8, designator and class designator as 3. Revise § 50.55a(b)(2)(ix), ‘‘Metal
1996)). specified in the 2013 Edition through containment examinations,’’ to extend
2. When the NRC requires the latest edition and addenda the applicability of the existing
implementation of a later ASME BPV incorporated by reference in § 50.55a. conditions in § 50.55a(b)(2)(ix)(A)(2)
Code or OM Code provision on an This condition does not result in a and (b)(2)(ix)(B) and (J) to the 2007
expedited basis, the action is treated as change in requirements previously Edition with 2009 Addenda through the
a backfit. This applies when approved in the Code and, therefore, is 2013 Edition of Subsection IWE. This
implementation is required sooner than not a backfit. condition does not result in a change to
it would be required if the NRC simply current requirements, and is therefore
ASME BPV Code, Section XI
endorsed the Code without any not a backfit.
expedited language (e.g., 64 FR 51370 1. Revise § 50.55a(b)(2)(vi), ‘‘Effective 4. Revise § 50.55a(b)(2)(x), ‘‘Quality
(September 22, 1999)). edition and addenda of Subsection IWE assurance,’’ to require that when
3. When the NRC takes an exception and Subsection IWL,’’ to clarify that the applying the editions and addenda later
to an ASME BPV Code or OM Code provision applies only to the class of than the 1989 Edition of ASME BPV
provision and imposes a requirement licensees of operating reactors that were Code, Section XI, the requirements of
that is substantially different from the required by previous versions of NQA–1, 1994 Edition, the 2008 Edition,
existing requirement as well as § 50.55a to develop, implement a and the 2009–1a Addenda specified in
substantially different from the later containment ISI program in accordance either IWA–1400 or Table IWA 1600–1,
Code (e.g., 67 FR 60529 (September 26, with Subsection IWE and Subsection ‘‘Referenced Standards and
2002)). IWL, and complete an expedited Specifications,’’ of that edition and
examination of containment during the addenda of Section XI are acceptable for
Detailed Backfitting Discussion: 5-year period from September 9, 1996, use, provided the licensee uses its
Changes Beyond Those Necessary To to September 9, 2001. This revision appendix B to 10 CFR part 50 QA
Incorporate by Reference the New ASME clarifies the current requirements, is program in conjunction with Section XI
BPV and OM Code Provisions considered to be consistent with the requirements. This revision clarifies the
This section discusses the backfitting meaning and intent of the current current requirements, which the NRC
considerations for all the changes to requirements, and is not considered to considers to be consistent with the
§ 50.55a that go beyond the minimum result in a change in requirements. meaning and intent of the current
changes necessary and required to adopt Therefore, this change is not a backfit. requirements. Therefore, the NRC does
the new ASME Code Addenda into 2. Revise § 50.55a(b)(2)(viii), not consider the clarification to be a
§ 50.55a. ‘‘Concrete containment examinations,’’ change in requirements. Therefore, this
so that when using the 2007 Edition change is not a backfit.
ASME BPV Code, Section III with 2009 Addenda through the 2013 5. Revise § 50.55a(b)(2)(xii),
1. Revise § 50.55a(b)(1)(ii), ‘‘Weld leg Edition of Subsection IWL, the ‘‘Underwater welding,’’ to allow
dimensions,’’ to clarify rule language conditions in § 50.55a(b)(2)(viii)(E) do underwater welding on irradiated
and add Table I, which clarifies not apply, but the new conditions in materials under certain conditions. The
prohibited Section III provisions for § 50.55a(b)(2)(viii)(H) and (I) do apply. revision eliminates the prohibition on
welds with leg sizes less than 1.09 tn in This revision does not require welding on irradiated materials.
tabular form. This change does not alter § 50.55a(b)(2)(viii)(E) to be used when Therefore, this change is not a backfit.
the original intent of this requirement following the 2007 Edition with 2009 6. Add a new condition as
and, therefore, does not impose a new Addenda through the 2013 Edition of § 50.55a(b)(2)(xviii)(D), ‘‘NDE personnel
requirement. Therefore, this change is Subsection IWL because most of its certification: Fourth provision,’’ to
not a backfit. requirements have been included in prohibit the use of Appendix VII and
2. Revise § 50.55a(b)(1)(iv), ‘‘Quality IWL–2512, ‘‘Inaccessible Areas.’’ Subarticle VIII–2200 of the 2011
assurance,’’ to require that when Therefore, this change is not a backfit Addenda and 2013 Edition of Section XI
applying editions and addenda later because the requirements have not of the ASME BPV Code. Licensees are
than the 1989 Edition of Section III, the changed. The revision to add the required to implement Appendix VII
and Subarticle VIII–2200 of the 2010 Appendix U.’’ Paragraph used by the licensee (i.e., a ‘‘voluntary
Edition of Section XI. This condition (b)(2)(xxxiv)(A) requires that repair or alternative’’).
does not constitute a change in NRC replacement activities temporarily
OM Code
position because the use of the subject deferred under the provisions of
provisions is not currently allowed by Nonmandatory Appendix U shall be 1. Add a new condition as
§ 50.55a. Therefore, the addition of this performed during the next scheduled § 50.55a(b)(3)(ii)(A), ‘‘MOV diagnostic
new condition is not a backfit. refueling outage. This condition is test interval,’’ to require that licensees
7. Revise § 50.55a(b)(2)(xxi)(A), imposed to ensure that repairs/ evaluate the adequacy of the diagnostic
‘‘Table IWB–2500–1 examination replacements are performed on test intervals established for MOVs
requirements: First provision,’’ to degraded components when a unit is within the scope of OM Code, Appendix
modify the standard for visual shutdown for refueling. This change is III, not later than 5 years or three
magnification resolution sensitivity and consistent with the condition previously refueling outages (whichever is longer)
contrast for visual examinations of placed on ASME BPV Code Case N– from initial implementation of
Examination Category B–D components, 513–3 and, therefore, does not impose a Appendix III of the OM Code. This
making the rule conform with ASME new requirement. This change is not a condition represents an exception to a
BPV Code, Section XI requirements for backfit. Paragraph (b)(2)(xxxiv)(B) later OM Code provision but merely
VT–1 examinations. This revision requires that the mandatory appendix in retains the current NRC condition on
removes a condition that was in ASME BPV Code Case N–513–3 be used ASME OM Code Case OMN–1, and is
addition to the ASME BPV Code in lieu of the appendix referenced in therefore not a backfit because the NRC
requirements and does not impose a Paragraph U–S1–4.2.1(c) of Appendix is not imposing a new requirement.
new requirement. Therefore, this change U. This change is required because the 2. Add a new condition as
is not a backfit. appendix referenced in Appendix U was § 50.55a(b)(3)(ii)(B), ‘‘MOV testing
8. Add a new condition as unintentionally omitted. This change is impact on risk,’’ to require that licensees
§ 50.55a(b)(2)(xxxi), ‘‘Mechanical not a backfit. ensure that the potential increase in
clamping devices;’’ to prohibit the use 12. Add a new condition as core damage frequency and large early
of mechanical clamping devices in § 50.55a(b)(2)(xxxv), ‘‘Use of RTT0 in the release frequency associated with the
accordance with IWA–4131.1(c) in the KIa and KIc equations,’’ to specify that extension is acceptably small when
2010 Edition and IWA–4131.1(d) in the when licensees use ASME BPV Code, extending exercise test intervals for high
2011 Addenda through 2013 Edition on Section XI 2013 Edition Nonmandatory risk MOVs beyond a quarterly
small item Class 1 piping and portions Appendix A, Paragraph A–4200, if T0 is frequency. This condition represents an
of a piping system that forms the available, then RTT0 may be used in exception to a later OM Code provision
containment boundary. This condition place of RTNDT for applications using but merely retains the current NRC
does not constitute a change in NRC the KIc equation and the associated KIc condition on ASME OM Code Case
position and does not affect licensees curve, but not for applications using the OMN–1, and is therefore not a backfit
because the use of the subject provisions KIa equation and the associated KIa because the NRC is not imposing a new
is not currently allowed by § 50.55a. curve. Conditions on the use of ASME requirement.
Therefore, the addition of this new BPV Code, Section XI, Nonmandatory 3. Add a new condition as
condition is not a backfit. Appendices do not constitute § 50.55a(b)(3)(ii)(C), ‘‘MOV risk
9. Add a new condition as backfitting inasmuch as those categorization,’’ to require, when
§ 50.55a(b)(2)(xxxii), ‘‘Summary report provisions apply to voluntary actions applying Appendix III to the OM Code,
submittal,’’ to clarify that licensees initiated by the licensee to use the that licensees categorize MOVs
using the 2010 Edition or later editions ‘‘nonmandatory compliance’’ provisions according to their safety significance
and addenda of Section XI must in these Appendices of the rule. using the methodology described in OM
continue to submit to the NRC the 13. Add a new condition as Code Case OMN–3 subject to the
Preservice and Inservice Summary § 50.55a(b)(2)(xxxvi), ‘‘Fracture conditions discussed in RG 1.192, or
Reports required by IWA–6240 of the toughness of irradiated materials,’’ to using an MOV risk ranking methodology
2009 Addenda of Section XI. This require licensees using ASME BPV accepted by the NRC on a plant-specific
condition does not result in a change in Code, Section XI 2013 Edition or industry-wide basis in accordance
the NRC’s requirements insomuch as Nonmandatory Appendix A, Paragraph with the conditions in the applicable
these reports have been required in the A–4400, to obtain NRC approval before safety evaluation. This condition
2009 Addenda of Section XI and all using irradiated T0 and the associated represents an exception to a later OM
previous editions and addenda. RTT0 in establishing fracture toughness Code provision but merely retains the
Therefore, the addition of this new of irradiated materials. Conditions on current NRC condition on ASME OM
condition is not a backfit. the use of ASME BPV Code, Section XI, Code Case OMN–1, and is therefore not
10. Add a new condition as Nonmandatory Appendices do not a backfit because the NRC is not
§ 50.55a(b)(2)(xxxiii), ‘‘Risk-Informed constitute backfitting inasmuch as those imposing a new requirement.
allowable pressure,’’ to prohibit the use provisions apply to voluntary actions 4. Add a new condition as
of ASME BPV Code, Section XI, initiated by the licensee to use the § 50.55a(b)(3)(ii)(D), ‘‘MOV stroke time,’’
Appendix G, Paragraph G–2216. The ‘‘nonmandatory compliance’’ provisions to require that, when applying
use of Paragraph G–2216 is not in these Appendices of the rule. Paragraph III–3600, ‘‘MOV Exercising
currently allowed by § 50.55a. 14. Add a new condition as Requirements,’’ of Appendix III to the
Therefore, the condition does not § 50.55a(b)(2)(xxxvii), ‘‘ASME BPV Code OM Code, licensees shall verify that the
constitute a new or changed NRC Case N–824,’’ to allow the use of the stroke time of the MOVs specified in
position on the lack of acceptability of code case as conditioned. Conditions on plant technical specifications satisfies
Paragraph G–2216. Therefore, the the use of ASME BPV Code Case N–824 the assumptions in the plant’s safety
addition of this new condition is not a do not constitute backfitting, inasmuch analyses. This condition retains the
backfit. as the use of this code case is not MOV stroke time requirement for a
11. Add a new condition as required by the NRC but instead is an smaller set of MOVs than was specified
§ 50.55a(b)(2)(xxxiv), ‘‘Nonmandatory alternative which may be voluntarily in previous editions and addenda of the
OM Code. The retention of this after August 17, 2017, and (2) holders of Monitoring Program,’’ of the OM Code,
requirement is not a backfit. COLs issued under 10 CFR part 52, 2003 Addenda through the 2012
5. Add new conditions as whose initial fuel loading occurs on or Edition, is acceptable for use with the
§ 50.55a(b)(3)(iii)(A) through (D), ‘‘New after the date 12 months after August 17, following clarification: Trending and
reactors,’’ to apply specific conditions 2017. This implementation schedule for evaluation shall support the
for IST programs applicable to licensees new reactors is consistent with the NRC determination that the valve or group of
of new nuclear power plants in addition regulations in § 50.55a(f)(4)(i). These valves is capable of performing its
to the provisions of the OM Code as conditions represent an exception to a intended function(s) over the entire
incorporated by reference with later OM Code provision but merely interval. At least one of the Appendix II
conditions in § 50.55a. Licensees of retain a current NRC requirement, and
condition monitoring activities for a
‘‘new reactors’’ are, as identified in the are therefore not a backfit because the
paragraph: (1) Holders of operating valve group shall be performed on each
NRC is not imposing a new requirement.
licenses for nuclear power reactors that 6. Revise § 50.55a(b)(3)(iv), ‘‘Check valve of the group at approximate equal
received construction permits under valves (Appendix II),’’ to specify that intervals not to exceed the maximum
this part on or after the date 12 months Appendix II, ‘‘Check Valve Condition interval shown in the following table:
MAXIMUM INTERVALS FOR USE WHEN APPLYING INTERVAL EXTENSIONS

Maximum
Maximum interval
interval between between
activities of
Group size activities of
member valves each valve
(years) (years)
≥4 ..................................................................................................................................................................... 4.5 16
3 ....................................................................................................................................................................... 4.5 12
2 ....................................................................................................................................................................... 6 12
1 ....................................................................................................................................................................... Not applicable 10
The regulation is being revised to exception to a later OM Code provision indicated. This condition emphasizes
extend the applicability of this existing but merely limits the use of the later the OM Code requirements for valve
NRC condition on the OM Code to the Code provision, and is therefore not a position indication and is not a change
2012 Edition of the OM Code and to backfit because the NRC is not imposing to those requirements. As such, this
update the clarification for the use of a new requirement. condition is not a backfit.
Appendix II. This does not represent a 9. Add a new condition as 12. Revise § 50.55a(f), ‘‘Preservice and
change in the NRC’s position that the § 50.55a(b)(3)(ix), ‘‘Subsection ISTF,’’ to inservice testing requirements,’’ to
condition is needed with respect to the specify that licensees applying clarify that the OM Code includes
OM Code. Therefore, this condition is Subsection ISTF, 2012 Edition, shall provisions for preservice testing of
not a backfit. satisfy the requirements of Mandatory components as part of its overall
7. Add a new condition as Appendix V, ‘‘Pump Periodic provisions for IST programs. No
§ 50.55a(b)(3)(vii), ‘‘Subsection ISTB,’’ Verification Test Program,’’ of the OM expansion of IST program scope is
to prohibit the use of Subsection ISTB Code, 2012 Edition. The condition also intended by this clarification. This
in the 2011 Addenda to the OM Code specifies that Subsection ISTF, 2011 condition does not result in a change in
because the complete set of planned Addenda, is not acceptable for use. This requirements previously approved in
Code modifications to support the condition represents an exception to a the Code and is, therefore, not a backfit.
changes to the comprehensive pump later OM Code provision but merely 13. Revise § 50.55a(f)(4), ‘‘Inservice
test acceptance criteria was not made in limits the use of the later Code testing standards for operating plants,’’
that addenda. This condition represents provision, and is therefore not a backfit to state that the paragraph is applicable
an exception to a later OM Code because the NRC is not imposing a new to pumps and valves that are within the
provision but merely limits the use of requirement. scope of the OM Code. Also, revise
the later Code provision, and is 10. Add a new condition as § 50.55a(f)(4) to state that the IST
therefore not a backfit because the NRC § 50.55a(b)(3)(x), ‘‘ASME OM Code Case requirements for pumps and valves that
is not imposing a new requirement. OMN–20,’’ to allow licensees to are within the scope of the OM Code but
8. Add a new condition as implement OM Code Case OMN–20, are not classified as ASME BPV Code
§ 50.55a(b)(3)(viii), ‘‘Subsection ISTE,’’ ‘‘Inservice Test Frequency,’’ in the OM Class 1, Class 2, or Class 3 may be
to allow licensees to implement Code, 2012 Edition. This condition satisfied as an augmented IST program
Subsection ISTE, ‘‘Risk-Informed allows voluntary action initiated by the in accordance with § 50.55a(f)(6)(ii)
Inservice Testing of Components in licensee to use the code case and is, without requesting relief under
Light-Water Reactor Nuclear Power therefore, not a backfit. § 50.55a(f)(5) or alternatives under
Plants,’’ in the OM Code, 2009 Edition, 11. Add a new condition as § 50.55a(z). This use of an augmented
2011 Addenda and 2012 Edition, where § 50.55a(b)(3)(xi), ‘‘Valve Position IST program may be acceptable
the licensee has obtained authorization Indication,’’ to emphasize, when provided the basis for deviations from
to implement Subsection ISTE as an implementing OM Code (2012 Edition), the OM Code as incorporated by
alternative to the applicable IST Subsection ISTC–3700, ‘‘Position reference in this section demonstrates
requirements in the OM Code on a case- Verification Testing,’’ licensees shall an acceptable level of quality and safety,
by-case basis in accordance with implement the OM Code provisions to or that implementing the Code
§ 50.55a(z). This condition represents an verify that valve operation is accurately provisions would result in hardship or
unusual difficulty without a rupture. General Design Criterion 31 redefinition of the requirements
compensating increase in the level of specifies that the probability of rapidly necessary to provide reasonable
quality and safety, where documented propagating fracture of the RCPB be assurance of adequate protection of
and available for NRC review. These minimized. General Design Criterion 32 public health and safety. Therefore, a
changes align the scope of pumps and specifies that components that are part backfit analysis need not be prepared for
valves for inservice testing with the of the RCPB have the capability of being this portion of the rule in accordance
scope defined in the OM Code. These periodically inspected to assess their with § 50.109(a)(4)(ii) and (iii).
changes do not result in a change in structural and leak-tight integrity.
The NRC concludes that ASME BPV ASME BPV Code Case N–770–2
requirements previously approved in
the Code, and is therefore not a backfit. Code Case N–729–4, as conditioned, Revise § 50.55a(g)(6)(ii)(F),
shall be mandatory in order to ensure ‘‘Examination requirements for Class 1
ASME BPV Code Case N–729–4 that the requirements of the GDC are piping and nozzle dissimilar metal butt
Revise § 50.55a(g)(6)(ii)(D), ‘‘Reactor satisfied. Imposition of ASME BPV Code welds.’’
vessel head inspections.’’ Case N–729–4, with conditions, ensures On June 9, 2011, the ASME approved
On June 22, 2012, the ASME that the ASME BPV Code-allowable the second revision of ASME BPV Code
approved the fourth revision of ASME limits will not be exceeded, leakage will Case N–770 (N–770–2). The NRC is
BPV Code Case N–729 (N–729–4). The likely not occur, and potential flaws updating the requirements of
NRC proposed to update the will be detected before they challenge § 50.55a(g)(6)(ii)(F) to require licensees
requirements of § 50.55a(g)(6)(ii)(D) to the structural or leak-tight integrity of to implement ASME BPV Code Case N–
require licensees to implement ASME the RPV upper head within current 770–2, with conditions. The ASME BPV
BPV Code Case N–729–4, with nondestructive examination limitations. Code Case N–770–2 contains similar
conditions. The ASME BPV Code Case The NRC concludes that the regulatory baseline and ISI requirements for
N–729–4 contains similar requirements framework for providing adequate unmitigated nickel-alloy butt welds, and
as N–729–1; however, N–729–4 also protection of public health and safety is preservice and ISI requirements for
contains new requirements to address accomplished by the incorporation of mitigated butt welds as N–770–1.
previous NRC conditions, including ASME BPV Code Case N–729–4 into However, N–770–2 also contains new
changes to inspection frequency and § 50.55a, as conditioned. All current requirements for optimized weld
qualifications. The new NRC conditions licensees of U.S. pressurized water overlays, a specific mitigation technique
on the use of ASME BPV Code Case N– reactors will be required to implement and volumetric inspection coverage.
729–4 address operational experience, ASME BPV Code Case N–729–4, as Further, the NRC conditions on the use
clarification of implementation, and the conditioned. The Code Case provisions of ASME BPV Code Case N–770–2 have
use of alternatives to the code case. on examination requirements for RPV been modified to address the changes in
The current regulatory requirements upper heads are essentially the same as the code case, clarify inspection
for the examination of pressurized water those established under ASME BPV coverage requirements and require the
reactor upper RPV heads that use Code Case N–729–1, as conditioned. development of inspection
nickel-alloy materials are provided in One exception is the condition in qualifications to allow complete weld
§ 50.55a(g)(6)(ii)(D). This section was § 50.55a(g)(6)(ii)(D)(3), which will inspection coverage in the future.
first created by rulemaking, dated require, for upper heads with Alloy 600 The current regulatory requirements
September 10, 2008 (73 FR 52730), to penetration nozzles, that bare metal for the examination of ASME Class 1
require licensees to implement ASME visual examinations be performed each piping and nozzle dissimilar metal butt
BPV Code Case N–729–1, with outage in accordance with Table 1 of welds that use nickel-alloy materials is
conditions, instead of the inspections ASME BPV Code Case N–729–4. provided in § 50.55a(g)(6)(ii)(F). This
previously required by the ASME BPV Accordingly, the NRC imposition of the section was first created by rulemaking,
Code, Section XI. The action did ASME BPV Code Case N–729–4, as dated June 21, 2011 (76 FR 36232), to
constitute a backfit; however, the NRC conditioned, may be deemed to be a require licensees to implement ASME
concluded that imposition of ASME modification of the procedures to BPV Code Case N–770–1, with
BPV Code Case N–729–1, as operate a facility resulting from the conditions. The NRC added
conditioned, constituted an adequate imposition of the new regulation, and as § 50.55a(g)(6)(ii)(F) to require licensees
protection backfit. such, this rulemaking provision may be to implement ASME BPV Code Case N–
The General Design Criteria (GDC) for considered backfitting under 770–1, with conditions, instead of the
nuclear power plants (appendix A to 10 § 50.109(a)(1). inspections previously required by the
CFR part 50) or, as appropriate, similar The NRC continues to find that ASME BPV Code, Section XI. The action
requirements in the licensing basis for a inspections of RPV upper heads, their did constitute a backfit; however, the
reactor facility, provide bases and penetration nozzles, and associated NRC concluded that imposition of
requirements for NRC assessment of the partial penetration welds are necessary ASME BPV Code Case N–770–1, as
potential for, and consequences of, for adequate protection of public health conditioned, constituted an adequate
degradation of the reactor coolant and safety and that the requirements of protection backfit.
pressure boundary (RCPB). The ASME BPV Code Case N–729–4, as The GDC for nuclear power plants
applicable GDC include GDC 14 conditioned, represent an acceptable (appendix A to 10 CFR part 50) or, as
(Reactor Coolant Pressure Boundary), approach, developed, in part, by a appropriate, similar requirements in the
GDC 31 (Fracture Prevention of Reactor voluntary consensus standards body for licensing basis for a reactor facility,
Coolant Pressure Boundary), and GDC performing future inspections. The NRC provide bases and requirements for NRC
32 (Inspection of Reactor Coolant concludes that approval of ASME BPV assessment of the potential for, and
Pressure Boundary). General Design Code Case N–729–4, as conditioned, by consequences of, degradation of the
Criterion 14 specifies that the RCPB be incorporation by reference of the Code RCPB. The applicable GDC include GDC
designed, fabricated, erected, and tested Case into § 50.55a, is necessary to 14 (Reactor Coolant Pressure Boundary),
so as to have an extremely low ensure that the facility provides GDC 31 (Fracture Prevention of Reactor
probability of abnormal leakage, of adequate protection to the health and Coolant Pressure Boundary) and GDC 32
rapidly propagating failure, and of gross safety of the public and constitutes a (Inspection of Reactor Coolant Pressure
Boundary). General Design Criterion 14 constitutes a redefinition of the study the impacts of their ‘‘major
specifies that the RCPB be designed, requirements necessary to provide Federal actions significantly affecting
fabricated, erected, and tested so as to reasonable assurance of adequate the quality of the human environment,’’
have an extremely low probability of protection of public health and safety. and prepare detailed statements on the
abnormal leakage, of rapidly Therefore, a backfit analysis need not be environmental impacts of the proposed
propagating failure, and of gross prepared for this portion of the rule in action and alternatives to the proposed
rupture. General Design Criterion 31 accordance with § 50.109(a)(4)(ii) and action (42 U.S.C. 4332(C); NEPA Sec.
specifies that the probability of rapidly (iii). 102(C)).
propagating fracture of the RCPB be The NRC has determined under
Conclusion NEPA, as amended, and the NRC’s
minimized. General Design Criterion 32
specifies that components that are part The NRC finds that incorporation by regulations in subpart A of 10 CFR part
of the RCPB have the capability of being reference into § 50.55a of the 2009 51, that this rule is not a major Federal
periodically inspected to assess their Addenda through 2013 Edition of action significantly affecting the quality
structural and leak-tight integrity. Section III, Division 1, of the ASME BPV of the human environment and,
The NRC concludes that ASME BPV Code, subject to the identified therefore, an environmental impact
Code Case N–770–2, as conditioned, conditions; the 2009 Addenda through statement is not required. The
must be imposed in order to ensure that 2013 Edition of Section XI, Division 1, rulemaking does not significantly
the requirements of the GDC are of the ASME BPV Code, subject to the increase the probability or consequences
satisfied. Imposition of ASME BPV Code identified conditions; and the 2009 of accidents, no changes are being made
Case N–770–2, with conditions, ensures Edition through the 2012 Edition of the in the types of effluents that may be
that the requirements of the GDC are OM Code, subject to the identified released off-site, and there is no
met for all mitigation techniques conditions, does not constitute significant increase in public radiation
currently in use for Alloy 82/182 butt backfitting or represent an inconsistency exposure. The NRC estimates the
welds because ASME BPV Code- with any issue finality provisions in 10 radiological dose to plant personnel
allowable limits will not be exceeded, CFR part 52. performing the inspections required by
leakage would likely not occur and The NRC finds that the incorporation ASME BPV Code Case N–770–2 would
potential flaws will be detected before by reference of Code Cases N–824 and be about 3 rem per plant over a 10-year
they challenge the structural or leak- OMN–20 does not constitute backfitting interval, and a one-time exposure for
tight integrity of piping welds. All or represent an inconsistency with any mitigating welds of about 30 rem per
current licensees of U.S. pressurized issue finality provisions in 10 CFR part plant. The NRC estimates the
water reactors will be required to 52. radiological dose to plant personnel
implement ASME BPV Code Case N– The NRC finds that the inclusion of a performing the inspections required by
770–2, as conditioned. The Code Case new condition on Code Case N–729–4 ASME BPV Code Case N–729–4 would
provisions on examination requirements and a new condition on Code Case N– be about 3 rem per plant over a 10-year
for ASME Class 1 piping and nozzle 770–2 constitutes backfitting necessary interval and a one-time exposure for
nickel-alloy dissimilar metal butt welds for adequate protection. mitigating welds of about 30 rem per
are somewhat different from those plant. As required by 10 CFR part 20,
X. Plain Writing
established under ASME BPV Code Case and in accordance with current plant
N–770–1, as conditioned, and will The Plain Writing Act of 2010 procedures and radiation protection
require a licensee to modify its (Pub. L. 111–274) requires Federal programs, plant radiation protection
procedures for inspection of ASME agencies to write documents in a clear, staff will continue monitoring dose rates
Class 1 nickel-alloy welds to meet these concise, and well-organized manner. and would make adjustments in
requirements. Accordingly, the NRC The NRC has written this document to shielding, access requirements,
imposition of the ASME BPV Code Case be consistent with the Plain Writing Act decontamination methods, and
N–770–2, as conditioned, may be as well as the Presidential procedures as necessary to minimize the
deemed to be a modification of the Memorandum, ‘‘Plain Language in dose to workers. The increased
procedures to operate a facility resulting Government Writing,’’ published June occupational dose to individual workers
from the imposition of the new 10, 1998 (63 FR 31883). stemming from the ASME BPV Code
regulation, and as such, this rulemaking XI. Finding of No Significant Case N–770–2 and N–729–4 inspections
provision may be considered backfitting Environmental Impact: Environmental must be maintained within the limits of
under § 50.109(a)(1). 10 CFR part 20 and as low as reasonably
Assessment
The NRC continues to find that ASME achievable. Therefore, the NRC
Class 1 nickel-alloy dissimilar metal This final rule is in accordance with concludes that the increase in
weld inspections are necessary for the NRC’s policy to incorporate by occupational exposure would not be
adequate protection of public health and reference in § 50.55a new editions and significant. This final rule does not
safety, and that the requirements of addenda of the ASME BPV and OM involve non-radiological plant effluents
ASME BPV Code Case N–770–2, as Codes to provide updated rules for and has no other environmental
conditioned, represent an acceptable constructing and inspecting components impacts. Therefore, no significant non-
approach developed by a voluntary and testing pumps, valves, and dynamic radiological impacts are associated with
consensus standards body for restraints (snubbers) in light-water this action. The determination of this
performing future ASME Class 1 nickel- nuclear power plants. The ASME Codes environmental assessment is that there
alloy dissimilar metal weld inspections. are national voluntary consensus will be no significant off-site impact to
The NRC concludes that approval of standards and are required by the the public from this action.
ASME BPV Code Case N–770–2, as NTTAA to be used by government
conditioned, by incorporation by agencies unless the use of such a XII. Paperwork Reduction Act
reference of the Code Case into § 50.55a, standard is inconsistent with applicable Statement
is necessary to ensure that the facility law or otherwise impractical. The This final rule amends collections of
provides adequate protection to the National Environmental Policy Act information subject to the Paperwork
health and safety of the public and (NEPA) requires Federal agencies to Reduction Act of 1995 (44 U.S.C. 3501
et seq.). The collections of information XIV. Voluntary Consensus Standards licensees of nuclear power plants)
were approved by the Office of Section 12(d)(3) of the National participate. Therefore, the NRC’s
Management and Budget (OMB), Technology Transfer and Advancement approval of the use of the ASME Code
approval number 3150–0011. Act of 1995, Public Law 104–113 Cases in this final rule is consistent with
Because the rule will reduce the (NTTAA), and implementing guidance the overall objectives of the NTTAA and
burden for existing information in OMB Circular A–119 (February 10, OMB Circular A–119.
collections, the public burden for the As discussed in Section II of this
1998), requires each Federal government
information collections is expected to be document, ‘‘Discussion,’’ the NRC is
agency (should it decide that regulation
decreased by 58.5 hours per response. conditioning the use of certain
is necessary) to use a voluntary
This reduction includes the time for provisions of the 2009 Addenda, 2010
consensus standard instead of
reviewing instructions, searching Edition, 2011 Addenda, and 2013
developing a government-unique
existing data sources, gathering and Edition of the ASME BPV Code Section
standard. An exception to using a
maintaining the data needed, and III, Division 1 and Section XI, Division
voluntary consensus standard is
completing and reviewing the 1. The NRC is also conditioning the use
allowed where the use of such a
information collection. of certain provisions of the 2009
standard is inconsistent with applicable Edition, the 2011 Addenda, and the
The information collection is being law or is otherwise impractical. The 2012 Edition of the OM Code, Division
conducted to document the plans for NTTAA requires Federal agencies to use 1. This final rule also includes various
and the results of ISI and IST programs. industry consensus standards to the versions of quality assurance standard
The records are generally historical in extent practical; it does not require NQA–1 and Code Cases N–729–4, N–
nature and provide data on which future Federal agencies to endorse a standard 770–2, N–824, OMN–20, N–513–3
activities can be based. The practical in its entirety. Neither the NTTAA nor Mandatory Appendix I, and N–852. In
utility of the information collection for OMB Circular A–119 prohibit an agency addition, this final rule does not adopt
the NRC is that appropriate records are from adopting a voluntary consensus (‘‘excludes’’) certain provisions of the
available for auditing by NRC personnel standard while taking exception to ASME Codes, as discussed in this
to determine if ASME BPV and OM specific portions of the standard, if statement of considerations and in the
Code provisions for construction, those provisions are deemed to be regulatory analysis for this rulemaking.
inservice inspection, repairs, and ‘‘inconsistent with applicable law or The NRC staff’s position is that this final
inservice testing are being properly otherwise impractical.’’ Furthermore, rule complies with the NTTAA and
implemented in accordance with taking specific exceptions furthers the OMB Circular A–119 despite these
§ 50.55a, or whether specific Congressional intent of Federal reliance conditions and ‘‘exclusions.’’
enforcement actions are necessary. on voluntary consensus standards If the NRC did not conditionally
Responses to this collection of because it allows the adoption of accept ASME editions, addenda, and
information are generally mandatory substantial portions of consensus code cases, the NRC would disapprove
under 10 CFR 50.55a. standards without the need to reject the these entirely. The effect would be that
You may submit comments on any standards in their entirety because of licensees and applicants would submit
aspect of the information collection(s), limited provisions which are not a larger number of requests for use of
including suggestions for reducing the acceptable to the agency. alternatives under § 50.55a(z), requests
burden, by the following methods: In this final rule, the NRC is for relief under § 50.55a(f) and (g), or
continuing its existing practice of requests for exemptions under § 50.12
• Federal Rulemaking Web site: Go to
establishing requirements for the design, and/or § 52.7. These requests would
http://www.regulations.gov and search
construction, operation, ISI likely include broad scope requests for
for Docket ID NRC–2011–0088.
(examination), and IST of nuclear power approval to issue the full scope of the
• Mail comments to: Information plants by approving the use of the latest ASME Code editions and addenda
Services Branch, Office of the Chief editions and addenda of the ASME which would otherwise be approved in
Information Officer, Mail Stop: T–2F43, Codes in § 50.55a. The ASME Codes are this final rule (i.e., the request would
U.S. Nuclear Regulatory Commission, voluntary consensus standards, not be simply for approval of a specific
Washington, DC 20555–0001 or to developed by participants with broad ASME Code provision with conditions).
Aaron Szabo, Desk Officer, Office of and varied interests, in which all These requests would be an unnecessary
Information and Regulatory Affairs interested parties (including the NRC additional burden for both the licensee
(3150–0011), NEOB–10202, Office of and licensees of nuclear power plants) and the NRC, inasmuch as the NRC has
Management and Budget, Washington, participate. Therefore, the NRC’s already determined that the ASME
DC 20503; telephone: 202–395–3621, incorporation by reference of the ASME Codes and Code Cases which are the
email: oira_submission@omb.eop.gov. Codes is consistent with the overall subject of this final rule are acceptable
Public Protection Notification objectives of the NTTAA and OMB for use (in some cases with conditions).
Circular A–119. For these reasons, the NRC concludes
The NRC may not conduct or sponsor, In this final rule, the NRC is also that this final rule’s treatment of ASME
and a person is not required to respond continuing its existing practice of Code editions and addenda, and code
to, a collection of information unless the approving the use of ASME BPV and cases and any conditions placed on
document requesting the collection OM Code Cases, which are ASME- them does not conflict with any policy
displays a currently valid OMB control approved alternatives to compliance on agency use of consensus standards
number. with various provisions of the ASME specified in OMB Circular A–119.
XIII. Congressional Review Act BPV and OM Codes. The ASME Code The NRC did not identify any other
Cases are national consensus standards voluntary consensus standards,
This final rule is a rule as defined in as defined in the NTTAA and OMB developed by U.S. voluntary consensus
the Congressional Review Act (5 U.S.C. Circular A–119. The ASME Code Cases standards bodies for use within the
801–808). However, OMB has not found constitute voluntary consensus United States, which the NRC could
it to be a major rule as defined in the standards, in which all interested incorporate by reference instead of the
Congressional Review Act. parties (including the NRC and ASME Codes. The NRC also did not
identify any voluntary consensus that the materials the agency 301–415–7000; email:
standards, developed by multinational incorporates by reference are reasonably Library.Resource@nrc.gov.
voluntary consensus standards bodies available to interested parties and how Interested parties may purchase a
for use on a multinational basis, which interested parties can obtain the copy of the materials from ASME at
the NRC could incorporate by reference materials. The discussion in this section Three Park Avenue, New York, NY
instead of the ASME Codes. The NRC complies with the requirement for final 10016, or at the ASME Web site https://
identified codes addressing the same rules as set forth in § 51.5(b). www.asme.org/shop/standards. The
subject as the ASME Codes for use in The NRC considers ‘‘interested materials are also accessible through
individual countries. At least one parties’’ to include all potential NRC third-party subscription services such as
country, Korea, directly translated the stakeholders, not only the individuals IHS (15 Inverness Way East, Englewood,
ASME Code for use in that country. In and entities regulated or otherwise CO 80112; https://global.ihs.com) and
other countries (e.g., Japan), ASME subject to the NRC’s regulatory Thomson Reuters Techstreet (3916
Codes were the basis for development of oversight. These NRC stakeholders are Ranchero Dr., Ann Arbor, MI 48108;
the country’s codes, but the ASME not a homogenous group, so the http://www.techstreet.com). The
Codes were substantially modified to considerations for determining purchase prices for individual
accommodate that country’s regulatory ‘‘reasonable availability’’ vary by class documents range from $225 to $720 and
system and reactor designs. Finally, of interested parties. The NRC identifies the cost to purchase all documents is
there are countries (e.g., the Russian six classes of interested parties with approximately $9,000.
Federation) where that country’s code regard to the material to be incorporated For the class of interested parties
was developed without regard to the by reference in an NRC rule: constituting members of the general
ASME Code. However, some of these • Individuals and small entities public who wish to gain access to the
codes may not meet the definition of a regulated or otherwise subject to the materials to be incorporated by
voluntary consensus standard because NRC’s regulatory oversight who are reference in order to participate in the
they were developed by the state rather subject to the material to be rulemaking, the NRC recognizes that the
than a voluntary consensus standards incorporated by reference by $9,000 cost may be so high that the
body. The NRC’s evaluation of other rulemaking. This class also includes materials could be regarded as not
countries’ codes to determine whether applicants and potential applicants for reasonably available for purposes of
each code provides a comparable or licenses and other NRC regulatory commenting on this rulemaking, despite
enhanced level of safety, when approvals. In this context, ‘‘small the NRC’s actions to make the materials
compared against the level of safety entities’’ has the same meaning as a available at the NRC’s PDR.
provided under the ASME Codes, would ‘‘small entity’’ under § 2.810. Accordingly, the NRC sent a letter to
require a significant expenditure of • Large entities otherwise subject to the ASME on April 9, 2015, requesting
agency resources. This expenditure does the NRC’s regulatory oversight who are that they consider enhancing public
not seem justified, given that subject to the material to be access to these materials during the
substituting another country’s code for incorporated by reference by public comment period. In an April 21,
the U.S. voluntary consensus standard rulemaking. This class also includes 2015, letter to the NRC, the ASME
does not appear to substantially further applicants and potential applicants for agreed to make the materials available
the apparent underlying objectives of licenses and other NRC regulatory online in a read-only electronic access
the NTTAA. approvals. In this context, ‘‘large format during the public comment
In summary, this final rule satisfies entities’’ are those which do not qualify period.
the requirements of Section 12(d)(3) of as a ‘‘small entity’’ under § 2.810. During the public comment period,
the NTTAA and OMB Circular A–119. • Non-governmental organizations the ASME made publicly-available the
with institutional interests in the editions and addenda to the ASME
XV. Incorporation by Reference— matters regulated by the NRC. Codes for nuclear power plants, the
Reasonable Availability to Interested • Other Federal agencies, states, local ASME standard for quality assurance,
Parties governmental bodies (within the and the ASME Code Cases which the
The NRC is incorporating by reference meaning of § 2.315(c)). NRC proposed to incorporate by
recent editions and addenda to the • Federally-recognized and State- reference. The ASME made the
ASME Codes for nuclear power plants recognized 3 Indian tribes. materials publicly-available in read-only
and a standard for quality assurance. • Members of the general public (i.e., format at the ASME Web site http://
The NRC is also incorporating by individual, unaffiliated members of the go.asme.org/NRC.
reference six ASME Code Cases. As public who are not regulated or The materials are available to all
described in the ‘‘Background’’ and otherwise subject to the NRC’s interested parties in multiple ways and
‘‘Discussion’’ sections of this document, regulatory oversight) who may wish to in a manner consistent with their
these materials provide rules for safety gain access to the materials that the NRC interest in this rulemaking. Therefore,
governing the design, fabrication, and proposes to incorporate by reference in the NRC concludes that the materials
inspection of nuclear power plant order to participate in the rulemaking. the NRC is incorporating by reference in
components. The NRC makes the materials to be this rulemaking are reasonably available
The NRC is required by law to obtain incorporated by reference available for to all interested parties.
approval for incorporation by reference inspection to all interested parties, by
from the Office of the Federal Register appointment, at the NRC Technical XVI. Availability of Guidance
(OFR). The OFR’s requirements for Library, which is located at Two White The NRC will not be issuing guidance
incorporation by reference are set forth Flint North, 11545 Rockville Pike, for this rulemaking. The ASME BPV
in 1 CFR part 51. On November 7, 2014, Rockville, Maryland 20852; telephone: Code and OM Code provide direction
the OFR adopted changes to its for the performance of activities to
3 State-recognized Indian tribes are not within the
regulations governing incorporation by satisfy the Code requirements for
scope of § 2.315(c). However, for purposes of the
reference (79 FR 66267). The OFR NRC’s compliance with 1 CFR 51.5, ‘‘interested
design, inservice inspection, and
regulations require an agency to include parties’’ includes a broad set of stakeholders inservice testing of nuclear power plant
in a final rule a discussion of the ways including State-recognized Indian tribes. SSCs. In addition, the NRC provides
guidance in this Federal Register notice and 6.6). The NRC also publishes that preparation of a separate guidance
for the implementation of the new Regulatory Guides and Generic document is not necessary for this
conditions on the ASME BPV Code and Communications (i.e., Regulatory Issue update to § 50.55a. However, the NRC
OM Code, as necessary. The NRC has a Summaries, Information Notices) to will consider preparation of a revision
number of standard review plans communicate and clarify NRC technical to NUREG–1482 in the future to address
(SRPs), which provide guidance to NRC or policy positions on regulatory matters the latest edition of the ASME OM Code
reviewers and make communication and which may contain guidance relative to incorporated by reference in § 50.55a.
understanding of NRC review processes this rulemaking.
available to members of the public and Revision 2 of NUREG–1482, XVII. Availability of Documents
the nuclear power industry. NUREG– ‘‘Guidelines for Inservice Testing at
0800, ‘‘Review of Safety Analysis Nuclear Power Plants,’’ provides The NRC is making the documents
Reports for Nuclear Power Plants,’’ has guidance for the development and identified in Table 2 available to
numerous sections which discuss implementation of IST programs at interested persons through one or more
implementation of various aspects of the nuclear power plants. With direction of the following methods, as indicated.
ASME BPV Code and OM Code (e.g., provided in the ASME BPV and OM To access documents related to this
Sections 3.2.2, 3.8.1, 3.8.2, 3.9.3, 3.9.6, Codes, and guidance in this Federal action, see the ADDRESSES section of this
3.9.7, 3.9.8, 3.13, 5.2.1.1, 5.2.1.2, 5.2.4, Register notice, the NRC has determined document.
TABLE 2—AVAILABILITY OF DOCUMENTS

ADAMS Accession No./
Document FEDERAL REGISTER citation/Web link
Proposed Rule Documents:

Proposed Rule—Federal Register Notice ............................................................................................. 80 FR 56820 (September 18, 2015).
Draft Regulatory Analysis ...................................................................................................................... ML14170B104.
Final Rule Documents:
Final Regulatory Analysis ...................................................................................................................... ML16130A522.
2017 Final Rule (10 CFR 50.55a) American Society of Mechanical Engineers Codes and Code ML16130A531.
Cases: Analysis of Public Comments.
Related Documents:
Fatigue and Fracture Mechanics: 33rd Volume, ASTM STP 1417, W.G. Reuter and R.S. Piascik, https://www.astm.org/DIGITAL_LI-
Eds., ASTM International, West Conshohocken, PA, 2002. BRARY/STP/SOURCE_PAGES/
STP1417.htm.
Final Results from the CARINA Project on Crack Initiation and Arrest of Irradiated German RPV http://www.astm.org/DIGITAL_LI-
Steels for Neutron Fluences in the Upper Bound, H. Hein et al., ASTM International, West BRARY/STP/PAGES/
Conshohocken, PA, June 2014. STP157220130113.htm.
Letter from Brian Thomas, NRC, to Michael Merker, ASME, ‘‘Public Access to Material the NRC ML15085A206.
Seeks to Incorporate by Reference into its Regulations,’’ April 9, 2015.
Letter from Mark Maxin, NRC, to Rick Libra, BWRVIP Chairman, ‘‘Safety Evaluation for Electric ML081680730.
Power Research Institute (EPRI) Boiling Water Reactor (BWR) Vessel and Internals Project
(BWRVIP) Report 1003020 (BWRVIP–97), ‘BWR Vessel and Internals Project, Guidelines for
Performing Weld Repairs to Irradiated BWR Internals’ (TAC No. MC3948),’’ June 30, 2008.
Letter from Michael Merker, ASME, to Brian Thomas, NRC; April 21, 2015 ....................................... ML15112A064.
Licensee Event Report 50–338/2012–001–00 ...................................................................................... ML12151A441.
NUREG–0800, ‘‘Standard Review Plan for the Review of Safety Analysis Reports for Nuclear ML070660036.
Power Plants, LWR Edition’’.
NUREG–0800, Section 3.9.6, Revision 3, ‘‘Functional Design, Qualification, and Inservice Testing ML070720041.
Programs for Pumps, Valves, and Dynamic Restraints,’’ March 2007.
NUREG–1482, Revision 2, ‘‘Guidelines for Inservice Testing at Nuclear Power Plants: Inservice ML13295A020.
Testing of Pumps and Valves and Inservice Examination and Testing of Dynamic Restraints
(Snubbers) at Nuclear Power Plants,’’ October 2013.
NUREG–1800, Revision 2, ‘‘Standard Review Plan for Review of License Renewal Applications for ML103490036.
Nuclear Power Plants,’’ December 2010.
NUREG–1801, Revision 2, ‘‘Generic Aging Lessons Learned (GALL) Report,’’ December 2010 ....... ML103490041.
NUREG–1950, ‘‘Disposition of Public Comments and Technical Bases for Changes in the License ML11116A062.
Renewal Guidance Documents NUREG–1801 and NUREG–1800,’’ April 2011.
NUREG–2124, ‘‘Final Safety Evaluation Report Related to the Combined Licenses for Vogtle Elec- ML12271A045.
tric Generating Plant, Units 3 and 4,’’ Section 3.9.6, ‘‘Inservice Testing of Pumps and Valves
(Related to RG 1.206, Section C.III.1, Chapter 3, C.I.3.9.6, ‘Functional Design, Qualification, and
Inservice Testing Programs for Pumps, Valves, and Dynamic Restraints’)’’.
NUREG/CR–6860, ‘‘An Assessment of Visual Testing,’’ November 2004 ........................................... ML043630040.
NUREG/CR–6933, ‘‘Assessment of Crack Detection in Heavy-Walled Cast Stainless Steel Piping ML071020410 and ML071020414.
Welds Using Advanced Low-Frequency Ultrasonic Methods,’’ March 2007.
NUREG/CR–7122, ‘‘An Evaluation of Ultrasonic Phased Array Testing for Cast Austenitic Stainless ML12087A004.
Steel Pressurizer Surge Line Piping Welds,’’ March 2012.
NRC Generic Letter 89–10, ‘‘Safety-Related Motor-Operated Valve Testing and Surveillance,’’ June ML031150300.
1989.
NRC Generic Letter 90–05, ‘‘Guidance for Performing Temporary Non-Code Repair of ASME Code ML031140590.
Class 1, 2, and 3 Piping (Generic Letter 90–05),’’ June 1990.
NRC Meeting Summary of June 5–7, 2013, Annual Materials Programs Technical Information Ex- ML14003A230.
change Public Meeting.
NRC Meeting Summary of January 19, 2016, Category 2 Public Meeting with Industry Representa- ML16050A383.
tives to Discuss Welding on Neutron Irradiated Ferritic and Austenitic Materials.
TABLE 2—AVAILABILITY OF DOCUMENTS—Continued

ADAMS Accession No./
Document FEDERAL REGISTER citation/Web link
NRC Meeting Summary of March 2, 2016, Public Meeting on Stakeholder Comments on the Pro- ML16069A408.
posed Rule.
NRC Staff Memorandum, ‘‘Consolidation of SECY–94–084 and SECY–95–132,’’ July 24, 1995 ....... ML003708048.
NRC Memorandum, ‘‘Staff Requirements—Affirmation Session, 11:30 a.m., Friday, September 10, ML003755050.
1999, Commissioners’ Conference Room, One White Flint North, Rockville, Maryland (Open to
Public Attendance),’’ September 10, 1999.
NRC Regulatory Guide 1.28, Revision 4, ‘‘Quality Assurance Program Criteria (Design and Con- ML100160003.
struction),’’ June 2010.
NRC Regulatory Guide 1.147, Revision 17, ‘‘Inservice Inspection Code Case Acceptability, ASME ML13339A689.
Section XI, Division 1,’’ August 2014.
NRC Regulatory Guide 1.174, Revision 2, ‘‘An Approach for Using Probabilistic Risk Assessment in ML100910006.
Risk-Informed Decisions on Plant-Specific Changes to the Licensing Basis,’’ May 2011.
NRC Regulatory Guide 1.175, ‘‘An Approach for Plant-Specific, Risk-Informed Decisionmaking: In- ML003740149.
service Testing,’’ August 1998.
NRC Regulatory Guide 1.192, Revision 1, ‘‘Operation and Maintenance Code Case Acceptability, ML13340A034.
ASME OM Code,’’ August 2014.
NRC Regulatory Guide 1.200, Revision 2, ‘‘An Approach for Determining the Technical Adequacy ML090410014.
of Probabilistic Risk Assessment Results for Risk-Informed Activities,’’ March 2009.
NRC Regulatory Guide 1.201, Revision 1, ‘‘Guidelines for Categorizing Structures, Systems, and ML061090627.
Components in Nuclear Power Plants According to Their Safety Significance,’’ May 2006.
NRC Regulatory Information Conference, Recent Operating Reactors Materials Issues, Presen- http://www.nrc.gov/public-involve/con-
tation Materials, 2013. ference-symposia/ric/past/2013/
docs/abstracts/sessionabstract-
19.html.
NRC Regulatory Issue Summary 2013–07, ‘‘NRC Staff Position on the Use of American Society of ML13003A207.
Mechanical Engineers Certification Mark,’’ May 28, 2013.
Relief Request REP–1 U2, Revision 2 .................................................................................................. ML13232A308.
SECY–90–016, ‘‘Evolutionary Light Water Reactor (LWR) Certification Issues and Their Relation- ML003707849.
ship to Current Regulatory Requirements’’.
SECY–93–087, ‘‘Policy, Technical, and Licensing Issues Pertaining to Evolutionary and Advanced ML003708021.
Light-Water Reactor (ALWR) Designs’’.
SECY–94–084, ‘‘Policy and Technical Issues Associated with the Regulatory Treatment of Non- ML003708068.
Safety Systems in Passive Plant Designs’’.
SECY–95–132, ‘‘Policy and Technical Issues Associated with the Regulatory Treatment of Non- ML003708005.
Safety Systems (RTNSS) in Passive Plant Designs (SECY–94–084)’’.
Vogtle Electric Generating Plant, Units 3 and 4, Updated Final Safety Analysis Report, Revision 3, ML14183B276.
Chapter 3, Section 3.9, Mechanical Systems and Components.
List of Subjects in 10 CFR Part 50 187, 189, 223, 234 (42 U.S.C. 2014, 2131, (b)(1)(ii), (iv), and (vii) and add
2132, 2133, 2134, 2135, 2138, 2152, 2167, paragraphs (b)(1)(viii) and (ix);
Administrative practice and 2169, 2201, 2231, 2232, 2233, 2234, 2235,
procedure, Antitrust, Classified ■ g. Revise paragraphs (b)(2)
2236, 2237, 2239, 2273, 2282); Energy introductory text, (b)(2)(vi), and
information, Criminal penalties, Reorganization Act of 1974, secs. 201, 202,
Education, Fire prevention, Fire 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851);
(b)(2)(viii) introductory text, add
protection, Incorporation by reference, Nuclear Waste Policy Act of 1982, sec. 306 paragraphs (b)(2)(viii)(H) and (I), revise
Intergovernmental relations, Nuclear (42 U.S.C. 10226); National Environmental paragraphs (b)(2)(ix) introductory text,
power plants and reactors, Penalties, Policy Act of 1969 (42 U.S.C. 4332); 44 U.S.C. (b)(2)(ix)(D), and (b)(2)(x) and (xii), add
Radiation protection, Reactor siting 3504 note; Sec. 109, Pub. L. 96–295, 94 Stat. paragraph (b)(2)(xviii)(D), revise
783. paragraphs (b)(2)(xxi)(A) and
criteria, Reporting and recordkeeping
requirements, Whistleblowing. ■ 2. In § 50.55a: (b)(2)(xxiii), add and reserve paragraph
For the reasons set forth in the ■ a. Revise paragraphs (a) introductory (b)(2)(xxx), and add paragraphs
preamble, and under the authority of the text, (a)(1)(i) introductory text and (b)(2)(xxxi) through (xxxvii);
(a)(1)(i)(E)(12) and (13) and add ■ h. Revise paragraphs (b)(3)
Atomic Energy Act of 1954, as amended;
paragraphs (a)(1)(i)(E)(14) through (17); introductory text and (b)(3)(i) and (ii),
the Energy Reorganization Act of 1974,
■ b. Revise paragraphs (a)(1)(ii) add paragraph (b)(3)(iii), revise
as amended; and 5 U.S.C. 552 and 553,
introductory text and (a)(1)(ii)(C)(48) paragraph (b)(3)(iv) introductory text,
the NRC is adopting the following
and (49) and add paragraphs and add paragraphs (b)(3)(vii) through
amendments to 10 CFR part 50.
(a)(1)(ii)(C)(50) through (53); (xi);
PART 50—DOMESTIC LICENSING OF ■ c. Revise paragraphs (a)(1)(iii)(A) ■ i. Revise paragraphs (b)(4)
PRODUCTION AND UTILIZATION through (C) and add paragraphs introductory text and (b)(5) and (6);
FACILITIES (a)(1)(iii)(D) through (G); ■ j. Revise paragraphs (f) heading and

■ d. Revise paragraph (a)(1)(iv) introductory text, (f)(2), (f)(3)(iii)(A) and
■ 1. The authority citation for part 50 introductory text and add paragraphs (B), (f)(3)(iv)(A) and (B), (f)(4)
continues to read as follows: (a)(1)(iv)(B) and (C); introductory text, and (f)(4)(i) and (ii);
Authority: Atomic Energy Act of 1954, ■ e. Add paragraph (a)(1)(v); and
secs. 11, 101, 102, 103, 104, 105, 108, 122, ■ f. Revise paragraphs (b) introductory ■ k. Revise paragraphs (g) heading and
147, 149, 161, 181, 182, 183, 184, 185, 186, text, (b)(1) introductory text and introductory text, (g)(2), and (g)(3)
heading, remove paragraph (g)(3) identified in paragraph (b)(2) of this ‘‘Alternative Examination Requirements
introductory text, revise paragraphs section. and Acceptance Standards for Class 1
(g)(3)(i), (ii), and (v), (g)(4)(i) and (ii), * * * * * PWR Piping and Vessel Nozzle Butt
and (g)(6)(ii)(D)(1) through (4), remove (C) * * * Welds Fabricated with UNS N06082 or
paragraphs (g)(6)(ii)(D)(5) and (6), revise (48) 2007 Edition, UNS W86182 Weld Filler Material With
paragraphs (g)(6)(ii)(F)(1) through (10), (49) 2008 Addenda, or Without Application of Listed
and add paragraphs (g)(6)(ii)(F)(11) (50) 2009b Addenda, Mitigation Activities Section XI,
through (13). (51) 2010 Edition, Division 1’’ (Approval Date: June 9,
The revisions and additions read as (52) 2011a Addenda (Excluding 2011), with the conditions in paragraph
follows: Article IWB–2000: IWB–2500 (g)(6)(ii)(F) of this section.
‘‘Examination and Inspection: (E) ASME BPV Code Case N–824.
§ 50.55a Codes and standards. Examination and Pressure Test ASME BPV Code Case N–824,
(a) Documents approved for Requirements,’’ Table IWB–2500–1 ‘‘Ultrasonic Examination of Cast
incorporation by reference. The ‘‘Examination Categories,’’ Item Austenitic Piping Welds From the
standards listed in this paragraph (a) numbers B5.11 and B5.71), and Outside Surface Section XI, Division 1’’
have been approved for incorporation (53) 2013 Edition (Excluding Article (Approval Date: October 16, 2012), with
by reference by the Director of the IWB–2000: IWB–2500 ‘‘Examination the conditions in paragraphs
Federal Register pursuant to 5 U.S.C. and Inspection: Examination and (b)(2)(xxxvii)(A) through (D) of this
552(a) and 1 CFR part 51. The standards Pressure Test Requirements,’’ Table section.
are available for inspection, by IWB–2500–1 (B–F) ‘‘Examination (F) ASME BPV Code Case N–852.
appointment, at the NRC Technical Category B–F, Pressure Retaining ASME BPV Code Case N–852,
Library, which is located at Two White Dissimilar Metal Welds in Vessel ‘‘Application of the ASME NPT Stamp,
Flint North, 11545 Rockville Pike, Nozzles,’’ Item numbers B5.11 and Section III, Division 1; Section III,
Rockville, Maryland 20852; telephone: B5.71; Article IWB–3000 ‘‘Acceptance Division 2; Section III, Division 3;
301–415–7000; email: Standards,’’ IWB–3100 ‘‘Evaluation of Section III, Division 5’’ (Approval Date:
Library.Resource@nrc.gov; or at the Examination Results,’’ IWB–3110 February 9, 2015). ASME BPV Code
National Archives and Records ‘‘Preservice Volumetric and Surface Case N–852 is referenced in paragraph
Administration (NARA). For Examinations,’’ IWB–3112 (b)(1)(ix) of this section.
information on the availability of this ‘‘Acceptance,’’ paragraph (a)(3); and (G) ASME OM Code Case OMN–20.
material at NARA, call 202–741–6030 or Article IWC–3000 ‘‘Acceptance ASME OM Code Case OMN–20,
go to http://www.archives.gov/federal- Standards,’’ IWC–3100 ‘‘Evaluation of ‘‘Inservice Test Frequency,’’ in the 2012
register/cfr/ibr-locations.html. Examination Results,’’ IWC–3110 Edition of the ASME OM Code. OMN–
‘‘Preservice Volumetric and Surface 20 is referenced in paragraph (b)(3)(x) of
(1) * * *
Examinations,’’ IWC–3112 this section.
(i) ASME Boiler and Pressure Vessel ‘‘Acceptance,’’ paragraph (a)(3)).
Code, Section III. The editions and (iv) ASME Operation and
(iii) * * *
addenda for Section III of the ASME (A) ASME BPV Code Case N–513–3 Maintenance Code. The editions and
Boiler and Pressure Vessel Code Mandatory Appendix I. ASME BPV addenda for the ASME Operation and
(excluding Nonmandatory Appendices) Code Case N–513–3, ‘‘Evaluation Maintenance of Nuclear Power Plants
(referred to herein as ASME BPV Code) Criteria for Temporary Acceptance of (various edition titles referred to herein
are listed in this paragraph (a)(1)(i), but Flaws in Moderate Energy Class 2 or 3 as ASME OM Code) are listed in this
limited by those provisions identified in Piping Section XI, Division 1,’’ paragraph (a)(1)(iv), but limited by those
paragraph (b)(1) of this section. Mandatory Appendix I, ‘‘Relations for provisions identified in paragraph (b)(3)
* * * * * Fm, Fb, and F for Through-Wall Flaws’’ of this section.
(E) * * * (Approval Date: January 26, 2009). * * * * *
(12) 2007 Edition, ASME BPV Code Case N–513–3 (B) ‘‘Operation and Maintenance of
Mandatory Appendix I is referenced in Nuclear Power Plants, Division 1:
(13) 2008 Addenda,
paragraph (b)(2)(xxxiv)(B) of this Section IST Rules for Inservice Testing
(14) 2009b Addenda (including of Light-Water Reactor Power Plants:’’
Subsection NCA; and Division 1 section.
(B) ASME BPV Code Case N–722–1. (1) 2009 Edition; and
subsections NB through NH and (2) 2011 Addenda.
Appendices), ASME BPV Code Case N–722–1,
‘‘Additional Examinations for PWR (C) ‘‘Operation and Maintenance of
(15) 2010 Edition (including Nuclear Power Plants, Division 1: OM
Pressure Retaining Welds in Class 1
Subsection NCA; and Division 1 Code: Section IST:’’
Components Fabricated with Alloy 600/
subsections NB through NH and (1) 2012 Edition.
82/182 Materials, Section XI, Division
Appendices), (2) [Reserved]
1’’ (Approval Date: January 26, 2009),
(16) 2011a Addenda (including with the conditions in paragraph (v) ASME Quality Assurance
Subsection NCA; and Division 1 (g)(6)(ii)(E) of this section. Requirements. (A) ASME NQA–1,
subsections NB through NH and (C) ASME BPV Code Case N–729–4. ‘‘Quality Assurance Program
Appendices), and ASME BPV Code Case N–729–4, Requirements for Nuclear Facilities:’’
(17) 2013 Edition (including ‘‘Alternative Examination Requirements (1) NQA–1—1983 Edition;
Subsection NCA; and Division 1 for PWR Reactor Vessel Upper Heads (2) NQA–1a—1983 Addenda;
subsections NB through NH and With Nozzles Having Pressure-Retaining (3) NQA–1b—1984 Addenda;
Appendices). Partial-Penetration Welds Section XI, (4) NQA–1c—1985 Addenda;
(ii) ASME Boiler and Pressure Vessel Division 1’’ (Approval Date: June 22, (5) NQA–1—1986 Edition;
Code, Section XI. The editions and 2012), with the conditions in paragraph (6) NQA–1a—1986 Addenda;
addenda for Section XI of the ASME (g)(6)(ii)(D) of this section. (7) NQA–1b—1987 Addenda;
BPV Code are listed in this paragraph (D) ASME BPV Code Case N–770–2. (8) NQA–1c—1988 Addenda;
(a)(1)(ii), but limited by those provisions ASME BPV Code Case N–770–2, (9) NQA–1—1989 Edition;
(10) NQA–1a—1989 Addenda; requirements of the ASME BPV Code and the 1974 Edition (Division 1)
(11) NQA–1b—1991 Addenda; and and the ASME OM Code as specified in through the 2013 Edition (Division 1),
(12) NQA–1c—1992 Addenda. this paragraph (b). Each combined subject to the following conditions:
(B) ASME NQA–1, ‘‘Quality license for a utilization facility is subject * * * * *
Assurance Requirements for Nuclear to the following conditions.
Facility Applications:’’ (1) Conditions on ASME BPV Code (ii) Section III condition: Weld leg
(1) NQA–1—1994 Edition; Section III. Each manufacturing license, dimensions. When applying the 1989
(2) NQA–1—2008 Edition; and standard design approval, and design Addenda through the latest edition and
(3) NQA–1a—2009 Addenda. certification under 10 CFR part 52 is addenda incorporated by reference in
* * * * * subject to the following conditions. As paragraph (a)(1) of this section,
(b) Use and conditions on the use of used in this section, references to applicants and licensees may not apply
standards. Systems and components of Section III refer to Section III of the the Section III provisions identified in
boiling and pressurized water-cooled ASME BPV Code and include the 1963 Table I of this section for welds with leg
nuclear power reactors must meet the Edition through 1973 Winter Addenda size less than 1.09 tn:
TABLE I—PROHIBITED CODE PROVISIONS

Editions and addenda Code provision
1989 Addenda through 2013 Edition .................................................. Subparagraph NB–3683.4(c)(1); Subparagraph NB–3683.4(c)(2).
1989 Addenda through 2003 Addenda .............................................. Note 11 to Figure NC–3673.2(b)–1; Note 11 to Figure ND–3673.2(b)–1.
2004 Edition through 2010 Edition ..................................................... Note 13 to Figure NC–3673.2(b)–1; Note 13 to Figure ND–3673.2(b)–1.
2011 Addenda through 2013 Edition .................................................. Note 11 to Table NC–3673.2(b)–1; Note 11 to Table ND–3673.2(b)–1.
* * * * * pressure for the design and the 1996 Addenda of Subsection IWE and
(iv) Section III condition: Quality maximum set pressure that can be Subsection IWL, as conditioned by the
assurance. When applying editions and accommodated at the demonstration requirements in paragraphs (b)(2)(viii)
addenda later than the 1989 Edition of facility selected for the test. and (ix) of this section, when
Section III, the requirements of NQA–1, (viii) Section III condition: Use of implementing the initial 120-month
‘‘Quality Assurance Requirements for ASME certification marks. When inspection interval for the containment
Nuclear Facility Applications,’’ 1994 applying editions and addenda earlier inservice inspection requirements of
Edition, 2008 Edition, and the 2009–1a than the 2011 Addenda to the 2010 this section. Successive 120-month
Addenda specified in either NCA–4000 Edition, licensees may use either the interval updates must be implemented
or NCA–7000 of that edition and ASME BPV Code Symbol Stamps or the in accordance with paragraph (g)(4)(ii)
addenda of Section III may be used by ASME Certification Marks with the of this section.
an applicant or licensee, provided that appropriate certification designators and * * * * *
the administrative, quality, and class designators as specified in the (viii) Section XI condition: Concrete
technical provisions contained in that 2013 Edition through the latest edition containment examinations. Applicants
edition and addenda of Section III are and addenda incorporated by reference or licensees applying Subsection IWL,
used in conjunction with the applicant’s in paragraph (a)(1) of this section. 1992 Edition with the 1992 Addenda,
or licensee’s appendix B to this part (ix) Section III Condition: NPT Code must apply paragraphs (b)(2)(viii)(A)
quality assurance program; and that the Symbol Stamps. Licensees may use the through (E) of this section. Applicants
applicant’s or licensee’s Section III NPT Code Symbol Stamp with the or licensees applying Subsection IWL,
activities comply with those letters arranged horizontally as specified 1995 Edition with the 1996 Addenda,
commitments contained in the in ASME BPV Code Case N–852 for the must apply paragraphs (b)(2)(viii)(A),
applicant’s or licensee’s quality service life of a component that had the (b)(2)(viii)(D)(3), and (b)(2)(viii)(E) of
assurance program description. Where NPT Code Symbol Stamp applied this section. Applicants or licensees
NQA–1 and Section III do not address during the time period from January 1, applying Subsection IWL, 1998 Edition
the commitments contained in the 2005, through December 31, 2015. through the 2000 Addenda, must apply
applicant’s or licensee’s appendix B (2) Conditions on ASME BPV Code, paragraphs (b)(2)(viii)(E) and (F) of this
quality assurance program description, Section XI. As used in this section, section. Applicants or licensees
those licensee commitments must be references to Section XI refer to Section applying Subsection IWL, 2001 Edition
applied to Section III activities. XI, Division 1, of the ASME BPV Code, through the 2004 Edition, up to and
* * * * * and include the 1970 Edition through including the 2006 Addenda, must
(vii) Section III condition: Capacity the 1976 Winter Addenda and the 1977 apply paragraphs (b)(2)(viii)(E) through
certification and demonstration of Edition through the 2013 Edition, (G) of this section. Applicants or
function of incompressible-fluid subject to the following conditions: licensees applying Subsection IWL,
pressure-relief valves. When applying * * * * * 2007 Edition up to and including the
the 2006 Addenda through the 2013 (vi) Section XI condition: Effective 2008 Addenda must apply paragraph
Edition, applicants and licensees may edition and addenda of Subsection IWE (b)(2)(viii)(E) of this section. Applicants
use paragraph NB–7742, except that and Subsection IWL. Licensees that or licensees applying Subsection IWL,
paragraph NB–7742(a)(2) may not be implemented the expedited examination 2007 Edition with the 2009 Addenda
used. For a valve design of a single size of containment, in accordance with through the latest edition and addenda
to be certified over a range of set Subsection IWE and Subsection IWL, incorporated by reference in paragraph
pressures, the demonstration of function during the period from September 9, (a)(1)(ii) of this section, must apply
tests under paragraph NB–7742 must be 1996, to September 9, 2001, may use paragraphs (b)(2)(viii)(H) and (I) of this
conducted as prescribed in NB–7732.2 either the 1992 Edition with the 1992 section.
on two valves covering the minimum set Addenda or the 1995 Edition with the * * * * *
(H) Concrete containment required. For each flaw or area of welding on austenitic material other
examinations: Eighth provision. For degradation identified that exceeds than P-No. 8 material exposed to
each inaccessible area of concrete acceptance standards, the applicant or thermal neutron fluence greater than 1
identified for evaluation under IWL– licensee must provide the following in × 1017 n/cm2 (E < 0.5 eV). Licensees
2512(a), or identified as susceptible to the ISI Summary Report required by must obtain NRC approval in
deterioration under IWL–2512(b), the IWA–6000: accordance with paragraph (z) regarding
licensee must provide the applicable (1) A description of each flaw or area, the welding technique to be used prior
information specified in paragraphs including the extent of degradation, and to performing welding on P-No. 8
(b)(2)(viii)(E)(1), (2), and (3) of this the conditions that led to the austenitic material exposed to thermal
section in the ISI Summary Report degradation; neutron fluence greater than 1 × 1017
required by IWA–6000. (2) The acceptability of each flaw or n/cm2 (E < 0.5 eV) and measured or
(I) Concrete containment area and the need for additional calculated helium concentration of the
examinations: Ninth provision. During examinations to verify that similar material greater than 0.1 atomic parts
the period of extended operation of a degradation does not exist in similar per million.
renewed license under part 54 of this components; * * * * *
chapter, the licensee must perform the (3) A description of necessary (xviii) * * *
technical evaluation under IWL–2512(b) corrective actions; and (D) NDE personnel certification:
of inaccessible below-grade concrete (4) The number and type of additional Fourth provision. The use of Appendix
surfaces exposed to foundation soil, examinations to ensure detection of VII and Subarticle VIII–2200 of the 2011
backfill, or groundwater at periodic similar degradation in similar Addenda and 2013 Edition of Section XI
intervals not to exceed 5 years. In components. of the ASME BPV Code is prohibited.
addition, the licensee must examine * * * * * When using ASME BPV Code, Section
representative samples of the exposed (x) Section XI condition: Quality XI editions and addenda later than the
portions of the below-grade concrete, assurance. When applying the editions 2010 Edition, licensees and applicants
when such below-grade concrete is and addenda later than the 1989 Edition must use the prerequisites for ultrasonic
excavated for any reason. of ASME BPV Code, Section XI, the examination personnel certifications in
(ix) Section XI condition: Metal edition and addenda of NQA–1, Table VII–4110–1 and Subarticle VIII–
containment examinations. Applicants ‘‘Quality Assurance Requirements for 2200, Appendix VIII in the 2010
or licensees applying Subsection IWE, Nuclear Facility Applications,’’ 1994 Edition.
1992 Edition with the 1992 Addenda, or Edition, the 2008 Edition, and the 2009– * * * * *
the 1995 Edition with the 1996 1a Addenda specified in either IWA– (xxi) * * *
Addenda, must satisfy the requirements 1400 or Table IWA 1600–1 of that (A) Table IWB–2500–1 examination
of paragraphs (b)(2)(ix)(A) through (E) of edition and addenda of Section XI, may requirements: First provision. The
this section. Applicants or licensees be used by a licensee provided that the provisions of Table IWB 2500–1,
applying Subsection IWE, 1998 Edition licensee uses its appendix B to this part Examination Category B–D, Full
through the 2001 Edition with the 2003 quality assurance program in Penetration Welded Nozzles in Vessels,
Addenda, must satisfy the requirements conjunction with Section XI Items B3.40 and B3.60 (Inspection
of paragraphs (b)(2)(ix)(A) and (B) and requirements and the commitments Program A) and Items B3.120 and
(F) through (I) of this section. contained in the licensee’s quality B3.140 (Inspection Program B) of the
Applicants or licensees applying assurance program description. Where 1998 Edition must be applied when
Subsection IWE, 2004 Edition, up to and NQA–1 and Section XI do not address using the 1999 Addenda through the
including the 2005 Addenda, must the commitments contained in the latest edition and addenda incorporated
satisfy the requirements of paragraphs licensee’s appendix B quality assurance by reference in paragraph (a)(1)(ii) of
(b)(2)(ix)(A) and (B) and (F) through (H) program description, those licensee this section. A visual examination with
of this section. Applicants or licensees commitments must be applied to magnification that has a resolution
applying Subsection IWE, 2004 Edition Section XI activities. sensitivity to resolve 0.044 inch (1.1
with the 2006 Addenda, must satisfy the * * * * * mm) lower case characters without an
requirements of paragraphs (xii) Section XI condition: Underwater ascender or descender (e.g., a, e, n, v),
(b)(2)(ix)(A)(2) and (b)(2)(ix)(B) of this welding. The provisions in IWA–4660, utilizing the allowable flaw length
section. Applicants or licensees ‘‘Underwater Welding,’’ of Section XI, criteria in Table IWB–3512–1, 1997
applying Subsection IWE, 2007 Edition 1997 Addenda through the latest edition Addenda through the latest edition and
through the latest edition and addenda and addenda incorporated by reference addenda incorporated by reference in
incorporated by reference in paragraph in paragraph (a)(1)(ii) of this section, are paragraph (a)(1)(ii) of this section, with
(a)(1)(ii) of this section, must satisfy the approved for use on irradiated material a limiting assumption on the flaw aspect
requirements of paragraphs with the following conditions: ratio (i.e., a/l = 0.5), may be performed
(b)(2)(ix)(A)(2) and (b)(2)(ix)(B) and (J) (A) Underwater welding: First instead of an ultrasonic examination.
of this section. provision. Licensees must obtain NRC * * * * *
* * * * * approval in accordance with paragraph (xxiii) Section XI condition:
(D) Metal containment examinations: (z) of this section regarding the welding Evaluation of thermally cut surfaces.
Fourth provision. This paragraph technique to be used prior to performing The use of the provisions for
(b)(2)(ix)(D) may be used as an welding on ferritic material exposed to eliminating mechanical processing of
alternative to the requirements of IWE– fast neutron fluence greater than 1 × thermally cut surfaces in IWA–4461.4.2
2430. If the examinations reveal flaws or 1017 n/cm2 (E > 1 MeV). of Section XI, 2001 Edition through the
areas of degradation exceeding the (B) Underwater welding: Second 2009 Addenda, is prohibited.
acceptance standards of Table IWE– provision. Licensees must obtain NRC * * * * *
3410–1, an evaluation must be approval in accordance with paragraph (xxx) [Reserved]
performed to determine whether (z) of this section regarding the welding (xxxi) Section XI condition:
additional component examinations are technique to be used prior to performing Mechanical clamping devices. When
installing a mechanical clamping device T0 and the associated RTT0 in commitments must be applied to ASME
on an ASME BPV Code class piping establishing fracture toughness of OM Code activities.
system, Appendix W of Section XI shall irradiated materials. (ii) OM condition: Motor-Operated
be treated as a mandatory appendix and (xxxvii) Section XI condition: ASME Valve (MOV) testing. Licensees must
all of the provisions of Appendix W BPV Code Case N–824. Licensees may comply with the provisions for testing
shall be met for the mechanical use the provisions of ASME BPV Code MOVs in ASME OM Code, ISTC 4.2,
clamping device being installed. Case N–824, ‘‘Ultrasonic Examination of 1995 Edition with the 1996 and 1997
Additionally, use of IWA–4131.1(c) of Cast Austenitic Piping Welds From the Addenda, or ISTC–3500, 1998 Edition
the 2010 Edition of Section XI and Outside Surface Section XI, Division 1,’’ through the latest edition and addenda
IWA–4131.1(d) of the 2011 Addenda of subject to the following conditions. incorporated by reference in paragraph
the 2010 Edition and later versions of (A) Ultrasonic examinations must be (a)(1)(iv) of this section, and must
Section XI is prohibited on small item spatially encoded. establish a program to ensure that MOVs
Class 1 piping and portions of a piping (B) Instead of Paragraph 1(c)(1)(–a), continue to be capable of performing
system that form the containment licensees shall use dual, transmit- their design basis safety functions.
boundary. receive, refracted longitudinal wave, Licensees implementing ASME OM
(xxxii) Section XI condition: multi-element phased array search Code, Mandatory Appendix III,
Summary report submittal. When using units. ‘‘Preservice and Inservice Testing of
ASME BPV Code, Section XI, 2010 (C) Instead of Paragraph 1(c)(1)(–c)(– Active Electric Motor Operated Valve
Edition through the latest edition and 2), licensees shall use a phased array Assemblies in Light-Water Reactor
addenda incorporated by reference in search unit with a center frequency of Power Plants,’’ of the 2009 Edition, 2011
paragraph (a)(1)(ii) of this section, 500 kHz with a tolerance of ± 20 Addenda, and 2012 Edition shall
Summary Reports described in IWA– percent. comply with the following conditions:
6000 must be submitted to the NRC as (A) MOV diagnostic test interval.
(D) Instead of Paragraph 1(c)(1)(–d),
described in IWA–6240(a) and IWA– Licensees shall evaluate the adequacy of
the phased array search unit must
6240(b). Preservice inspection summary the diagnostic test intervals established
produce angles including, but not
reports shall be submitted prior to the for MOVs within the scope of ASME
limited to, 30 to 55 degrees with a OM Code, Appendix III, not later than
date of placement of the unit into
maximum increment of 5 degrees. 5 years or three refueling outages
commercial service and inservice
(3) Conditions on ASME OM Code. As (whichever is longer) from initial
inspection summary reports shall be
used in this section, references to the implementation of ASME OM Code,
submitted within 90 calendar days of
ASME OM Code are to the ASME OM Appendix III.
the completion of each refueling outage.
(xxxiii) Section XI condition: Risk- Code, Subsections ISTA, ISTB, ISTC, (B) MOV testing impact on risk.
Informed allowable pressure. The use of ISTD, ISTE, and ISTF; Mandatory Licensees shall ensure that the potential
Paragraph G–2216 in Appendix G in the Appendices I, II, III, and V; and increase in core damage frequency and
2011 Addenda and later editions and Nonmandatory Appendices A through H large early release frequency associated
addenda of the ASME BPV Code, and J through M, in the 1995 Edition with the extension is acceptably small
Section XI is prohibited. through the 2012 Edition, as specified in when extending exercise test intervals
(xxxiv) Section XI condition: paragraph (a)(1)(iv) of this section. for high risk MOVs beyond a quarterly
Nonmandatory Appendix U. When Mandatory appendices must be used if frequency.
using Nonmandatory Appendix U of the required by the OM Code; (C) MOV risk categorization. When
2013 Edition of the ASME BPV Code, nonmandatory appendices are approved applying Appendix III to the ASME OM
Section XI the following conditions for use by the NRC but need not be Code, licensees shall categorize MOVs
apply: used. The following conditions are according to their safety significance
(A) The repair or replacement applicable when implementing the using the methodology described in
activities temporarily deferred under the ASME OM Code: ASME OM Code Case OMN–3,
provisions of Nonmandatory Appendix (i) OM condition: Quality assurance. ‘‘Requirements for Safety Significance
U must be performed during the next When applying editions and addenda of Categorization of Components Using
scheduled refueling outage. the ASME OM Code, the requirements Risk Insights for Inservice Testing of
(B) In lieu of the appendix referenced of ASME Standard NQA–1, ‘‘Quality LWR Power Plants,’’ subject to the
in paragraph U–S1–4.2.1(c) of Appendix Assurance Requirements for Nuclear conditions applicable to OMN–3 which
U the mandatory appendix in ASME Facility Applications,’’ 1994 Edition, are set forth in Regulatory Guide 1.192,
BPV Code Case N–513–3 must be used. 2008 Edition, and 2009–1a Addenda, or using an MOV risk ranking
(xxxv) Section XI condition: Use of are acceptable as permitted by either methodology accepted by the NRC on a
RTT0 in the KIa and KIc equations. When ISTA 1.4 of the 1995 Edition through plant-specific or industry-wide basis in
using the 2013 Edition of the ASME 1997 Addenda or ISTA–1500 of the accordance with the conditions in the
BPV Code, Section XI, Appendix A, 1998 Edition through the latest edition applicable safety evaluation.
paragraph A–4200, if T0 is available, and addenda of the ASME OM Code (D) MOV stroke time. When applying
then RTT0 may be used in place of incorporated by reference in paragraph Paragraph III–3600, ‘‘MOV Exercising
RTNDT for applications using the KIc (a)(1)(iv) of this section, provided the Requirements,’’ of Appendix III to the
equation and the associated KIc curve, licensee uses its appendix B to this part ASME OM Code, licensees shall verify
but not for applications using the KIa quality assurance program in that the stroke time of MOVs specified
equation and the associated KIa curve. conjunction with the ASME OM Code in plant technical specifications satisfies
(xxxvi) Section XI condition: Fracture requirements and the commitments the assumptions in the plant’s safety
toughness of irradiated materials. When contained in the licensee’s quality analyses.
using the 2013 Edition of the ASME assurance program description. Where (iii) OM condition: New reactors. In
BPV Code, Section XI, Appendix A NQA–1 and the ASME OM Code do not addition to complying with the
paragraph A–4400, the licensee shall address the commitments contained in provisions in the ASME OM Code with
obtain NRC approval under paragraph the licensee’s appendix B quality the conditions specified in paragraph
(z) of this section before using irradiated assurance program description, the (b)(3) of this section, holders of
operating licenses for nuclear power from hydrodynamic loads and acoustic applying Appendix II, 1998 Edition
reactors that received construction resonance during preservice testing or through the 2012 Edition, shall satisfy
permits under this part on or after the inservice testing to identify potential the requirements of paragraphs
date 12 months after August 17, 2017, adverse flow effects on components (b)(3)(iv)(A), (B), and (D) of this section.
and holders of combined licenses issued within the scope of the IST program. Appendix II of the ASME OM Code,
under 10 CFR part 52, whose initial fuel (D) High risk non-safety systems. 2003 Addenda through the 2012
loading occurs on or after the date 12 Licensees shall assess the operational Edition, is acceptable for use with the
months after August 17, 2017, shall also readiness of pumps, valves, and following requirements. Trending and
comply with the following conditions, dynamic restraints within the scope of evaluation shall support the
as applicable: the Regulatory Treatment of Non-Safety determination that the valve or group of
(A) Power-operated valves. Licensees
Systems for applicable reactor designs. valves is capable of performing its
shall periodically verify the capability
of power-operated valves to perform (iv) OM condition: Check valves intended function(s) over the entire
their design-basis safety functions. (Appendix II). Licensees applying interval. At least one of the Appendix II
(B) Check valves. Licensees must Appendix II, ‘‘Check Valve Condition condition monitoring activities for a
perform bi-directional testing of check Monitoring Program,’’ of the ASME OM valve group shall be performed on each
valves within the IST program where Code, 1995 Edition with the 1996 and valve of the group at approximate equal
practicable. 1997 Addenda, shall satisfy the intervals not to exceed the maximum
(C) Flow-induced vibration. Licensees requirements of paragraphs (b)(3)(iv)(A) interval shown in the following table:
shall monitor flow-induced vibration through (C) of this section. Licensees
TABLE II—MAXIMUM INTERVALS FOR USE WHEN APPLYING INTERVAL EXTENSIONS

Maximum Maximum
interval between interval between
activities of activities of
Group size member valves each valve
(years) (years)
≥4 ..................................................................................................................................................................... 4.5 16
3 ....................................................................................................................................................................... 4.5 12
2 ....................................................................................................................................................................... 6 12
1 ....................................................................................................................................................................... Not applicable 10
* * * * * OM Code listed in paragraph (a)(1)(iv) of (i) ISI Code Case condition: Applying
(vii) OM condition: Subsection ISTB. this section. Code Cases. When a licensee initially
Subsection ISTB, 2011 Addenda, is (xi) OM condition: Valve Position applies a listed Code Case, the licensee
prohibited for use. Indication. When implementing ASME must apply the most recent version of
OM Code, 2012 Edition, Subsection that Code Case incorporated by
(viii) OM condition: Subsection ISTE. reference in paragraph (a) of this
Licensees may not implement the risk- ISTC–3700, ‘‘Position Verification
Testing,’’ licensees shall verify that section.
informed approach for inservice testing
valve operation is accurately indicated (ii) ISI Code Case condition: Applying
(IST) of pumps and valves specified in
by supplementing valve position different revisions of Code Cases. If a
Subsection ISTE, ‘‘Risk-Informed
indicating lights with other indications, licensee has previously applied a Code
Inservice Testing of Components in
such as flow meters or other suitable Case and a later version of the Code
Light-Water Reactor Nuclear Power
instrumentation, to provide assurance of Case is incorporated by reference in
Plants,’’ in the ASME OM Code, 2009
proper obturator position. paragraph (a) of this section, the
Edition, 2011 Addenda, or 2012 Edition,
licensee may continue to apply, to the
without first obtaining NRC (4) Conditions on Design, Fabrication, end of the current 120-month interval,
authorization to use Subsection ISTE as and Materials Code Cases. Each the previous version of the Code Case,
an alternative to the applicable IST manufacturing license, standard design as authorized, or may apply the later
requirements in the ASME OM Code, approval, and design certification version of the Code Case, including any
pursuant to paragraph (z) of this section. application under part 52 of this chapter NRC-specified conditions placed on its
(ix) OM condition: Subsection ISTF. is subject to the following conditions. use. Licensees who choose to continue
Licensees applying Subsection ISTF, Licensees may apply the ASME BPV use of the Code Case during subsequent
2012 Edition, shall satisfy the Code Cases listed in NRC Regulatory 120-month ISI program intervals will be
requirements of Mandatory Appendix V, Guide 1.84, as incorporated by reference required to implement the latest version
‘‘Pump Periodic Verification Test in paragraph (a)(3)(i) of this section, incorporated by reference into this
Program,’’ of the ASME OM Code, 2012 without prior NRC approval, subject to section as listed in Tables 1 and 2 of
Edition. Subsection ISTF, 2011 the following conditions: NRC Regulatory Guide 1.147, as
Addenda, is prohibited for use. * * * * * incorporated by reference in paragraph
(x) OM condition: ASME OM Code (5) Conditions on inservice inspection (a)(3)(ii) of this section.
Case OMN–20. Licensees may Code Cases. Licensees may apply the (iii) ISI Code Case condition:
implement ASME OM Code Case OMN– ASME BPV Code Cases listed in NRC Applying annulled Code Cases.
20, ‘‘Inservice Test Frequency,’’ which Regulatory Guide 1.147, as incorporated Application of an annulled Code Case is
is incorporated by reference in by reference in paragraph (a)(3)(ii) of prohibited unless a licensee previously
paragraph (a)(1)(iii)(G) of this section, this section, without prior NRC applied the listed Code Case prior to it
for editions and addenda of the ASME approval, subject to the following: being listed as annulled in NRC
Regulatory Guide 1.147. If a licensee has water-cooled nuclear facility is subject to the construction of the particular
applied a listed Code Case that is later to the following conditions, but the pump or valve or the summer 1973
listed as annulled in NRC Regulatory conditions in paragraphs (f)(4) through Addenda, whichever is later.
Guide 1.147, the licensee may continue (6) of this section must be met only after (B) Class 1 pumps and valves: Second
to apply the Code Case to the end of the the Commission makes the finding provision. In facilities whose
current 120-month interval. under § 52.103(g) of this chapter. construction permit under this part, or
(6) Conditions on ASME OM Code Requirements for inservice inspection of design certification, design approval,
Cases. Licensees may apply the ASME Class 1, Class 2, Class 3, Class MC, and combined license, or manufacturing
OM Code Cases listed in NRC Class CC components (including their license under part 52 of this chapter,
Regulatory Guide 1.192, as incorporated supports) are located in paragraph (g) of issued on or after November 22, 1999,
by reference in paragraph (a)(3)(iii) of this section. pumps and valves that are classified as
this section, without prior NRC * * * * * ASME BPV Code Class 1 must be
approval, subject to the following: (2) Design and accessibility designed and provided with access to
(i) OM Code Case condition: Applying requirements for performing inservice enable the performance of inservice
Code Cases. When a licensee initially testing in plants with CPs issued testing of the pumps and valves for
applies a listed Code Case, the licensee between 1971 and 1974. For a boiling or assessing operational readiness set forth
must apply the most recent version of pressurized water-cooled nuclear power in editions and addenda of the ASME
that Code Case incorporated by facility whose construction permit was OM Code (or the optional ASME OM
reference in paragraph (a) of this issued on or after January 1, 1971, but Code Cases listed in NRC Regulatory
section. before July 1, 1974, pumps and valves Guide 1.192, as incorporated by
(ii) OM Code Case condition: that are classified as ASME BPV Code reference in paragraph (a)(3)(iii) of this
Applying different revisions of Code Class 1 and Class 2 must be designed section), incorporated by reference in
Cases. If a licensee has previously and provided with access to enable the paragraph (a)(1)(iv) of this section at the
applied a Code Case and a later version time the construction permit, combined
performance of inservice tests for
of the Code Case is incorporated by license, manufacturing license, design
operational readiness set forth in
reference in paragraph (a) of this certification, or design approval is
editions and addenda of Section XI of
section, the licensee may continue to issued.
the ASME BPV Code incorporated by (iv) * * *
apply, to the end of the current 120- reference in paragraph (a)(1)(ii) of this (A) Class 2 and 3 pumps and valves:
month interval, the previous version of section (or the optional ASME Code First provision. In facilities whose
the Code Case, as authorized, or may Cases listed in NRC Regulatory Guide construction permit was issued before
apply the later version of the Code Case, 1.147 or NRC Regulatory Guide 1.192, as November 22, 1999, pumps and valves
including any NRC-specified conditions incorporated by reference in paragraphs that are classified as ASME BPV Code
placed on its use. Licensees who choose (a)(3)(ii) and (iii) of this section, Class 2 and Class 3 must be designed
to continue use of the Code Case during respectively) in effect 6 months before and be provided with access to enable
subsequent 120-month ISI program the date of issuance of the construction the performance of inservice testing of
intervals will be required to implement permit. The pumps and valves may the pumps and valves for assessing
the latest version incorporated by meet the inservice test requirements set operational readiness set forth in the
reference into this section as listed in forth in subsequent editions of this Code editions and addenda of Section XI of
Tables 1 and 2 of NRC Regulatory Guide and addenda that are incorporated by the ASME BPV Code incorporated by
1.192, as incorporated by reference in reference in paragraph (a)(1)(ii) of this reference in paragraph (a)(1)(ii) of this
paragraph (a)(3)(iii) of this section. section (or the optional ASME Code section (or the optional ASME BPV
(iii) OM Code Case condition: Cases listed in NRC Regulatory Guide Code Cases listed in NRC Regulatory
Applying annulled Code Cases. 1.147 or NRC Regulatory Guide 1.192, as Guide 1.147, as incorporated by
Application of an annulled Code Case is incorporated by reference in paragraphs reference in paragraph (a)(3)(ii) of this
prohibited unless a licensee previously (a)(3)(ii) and (iii) of this section, section) applied to the construction of
applied the listed Code Case prior to it respectively), subject to the applicable the particular pump or valve or the
being listed as annulled in NRC conditions listed therein. Summer 1973 Addenda, whichever is
Regulatory Guide 1.192. If a licensee has * * * * * later.
applied a listed Code Case that is later (3) * * * (B) Class 2 and 3 pumps and valves:
listed as annulled in NRC Regulatory (iii) * * * Second provision. In facilities whose
Guide 1.192, the licensee may continue (A) Class 1 pumps and valves: First construction permit under this part, or
to apply the Code Case to the end of the provision. In facilities whose design certification, design approval,
current 120-month interval. construction permit was issued before combined license, or manufacturing
* * * * * November 22, 1999, pumps and valves license under part 52 of this chapter,
(f) Preservice and inservice testing that are classified as ASME BPV Code issued on or after November 22, 1999,
requirements. Systems and components Class 1 must be designed and provided pumps and valves that are classified as
of boiling and pressurized water-cooled with access to enable the performance of ASME BPV Code Class 2 and 3 must be
nuclear power reactors must meet the inservice testing of the pumps and designed and provided with access to
requirements for preservice and valves for assessing operational enable the performance of inservice
inservice testing (referred to in this readiness set forth in the editions and testing of the pumps and valves for
paragraph (f) collectively as inservice addenda of Section XI of the ASME BPV assessing operational readiness set forth
testing) of the ASME BPV Code and Code incorporated by reference in in editions and addenda of the ASME
ASME OM Code as specified in this paragraph (a)(1)(ii) of this section (or the OM Code (or the optional ASME OM
paragraph (f). Each operating license for optional ASME Code Cases listed in Code Cases listed in NRC Regulatory
a boiling or pressurized water-cooled NRC Regulatory Guide 1.147 or NRC Guide 1.192, as incorporated by
nuclear facility is subject to the Regulatory Guide 1.192, as incorporated reference in paragraph (a)(3)(iii) of this
following conditions. Each combined by reference in paragraphs (a)(3)(ii) and section), incorporated by reference in
license for a boiling or pressurized (iii) of this section, respectively) applied paragraph (a)(1)(iv) of this section at the
time the construction permit, combined for safety, conducted during successive combined license, or manufacturing
license, or design certification is issued. 120-month intervals must comply with license under part 52 of this chapter,
* * * * * the requirements of the latest edition was issued on or after July 1, 1974,
(4) Inservice testing standards and addenda of the ASME OM Code components that are classified as ASME
requirement for operating plants. incorporated by reference in paragraph BPV Code Class 1, Class 2, and Class 3
Throughout the service life of a boiling (a)(1)(iv) of this section 12 months and supports for components that are
or pressurized water-cooled nuclear before the start of the 120-month classified as ASME BPV Code Class 1,
power facility, pumps and valves that interval (or the optional ASME Code Class 2, and Class 3 must be designed
are within the scope of the ASME OM Cases listed in NRC Regulatory Guide and provided with the access necessary
Code must meet the inservice test 1.147 or NRC Regulatory Guide 1.192 as to perform the required preservice and
requirements (except design and access incorporated by reference in paragraphs inservice examinations set forth in
provisions) set forth in the ASME OM (a)(3)(ii) and (iii) of this section, editions and addenda of Section III or
Code and addenda that become effective respectively), subject to the conditions Section XI of the ASME BPV Code
subsequent to editions and addenda listed in paragraph (b) of this section. incorporated by reference in paragraph
specified in paragraphs (f)(2) and (3) of * * * * * (a)(1) of this section (or the optional
this section and that are incorporated by (g) Preservice and inservice inspection ASME BPV Code Cases listed in NRC
reference in paragraph (a)(1)(iv) of this requirements. Systems and components Regulatory Guide 1.147, as incorporated
section, to the extent practical within of boiling and pressurized water-cooled by reference in paragraph (a)(3)(ii) of
the limitations of design, geometry, and nuclear power reactors must meet the this section) applied to the construction
materials of construction of the requirements of the ASME BPV Code as of the particular component.
specified in this paragraph. Each (iii) Accessibility requirements:
components. The inservice test
operating license for a boiling or Meeting later Code requirements. All
requirements for pumps and valves that
pressurized water-cooled nuclear components (including supports) may
are within the scope of the ASME OM
facility is subject to the following meet the requirements set forth in
Code but are not classified as ASME
conditions. Each combined license for a subsequent editions of codes and
BPV Code Class 1, Class 2, or Class 3
addenda or portions thereof that are
may be satisfied as an augmented IST boiling or pressurized water-cooled
incorporated by reference in paragraph
program in accordance with paragraph nuclear facility is subject to the
(a) of this section, subject to the
(f)(6)(ii) of this section without following conditions, but the conditions
conditions listed therein.
requesting relief under paragraph (f)(5) in paragraphs (g)(4) through (6) of this (3) Preservice examination
of this section or alternatives under section must be met only after the requirements—(i) Preservice
paragraph (z) of this section. This use of Commission makes the finding under examination requirements for plants
an augmented IST program may be § 52.103(g) of this chapter. with CPs issued between 1971 and 1974.
acceptable provided the basis for Requirements for inservice testing of For a boiling or pressurized water-
deviations from the ASME OM Code, as Class 1, Class 2, and Class 3 pumps and cooled nuclear power facility whose
incorporated by reference in this valves are located in paragraph (f) of construction permit was issued on or
section, demonstrates an acceptable this section. after January 1, 1971, but before July 1,
level of quality and safety, or that * * * * * 1974, components that are classified as
implementing the Code provisions (2) Accessibility requirements—(i) ASME BPV Code Class 1 and Class 2
would result in hardship or unusual Accessibility requirements for plants and supports for components that are
difficulty without a compensating with CPs issued between 1971 and 1974. classified as ASME BPV Code Class 1
increase in the level of quality and For a boiling or pressurized water- and Class 2 must meet the preservice
safety, where documented and available cooled nuclear power facility whose examination requirements set forth in
for NRC review. construction permit was issued on or editions and addenda of Section III or
(i) Applicable IST Code: Initial 120- after January 1, 1971, but before July 1, Section XI of the ASME BPV Code
month interval. Inservice tests to verify 1974, components that are classified as incorporated by reference in paragraph
operational readiness of pumps and ASME BPV Code Class 1 and Class 2 (a)(1) of this section (or the optional
valves, whose function is required for and supports for components that are ASME BPV Code Cases listed in NRC
safety, conducted during the initial 120- classified as ASME BPV Code Class 1 Regulatory Guide 1.147, as incorporated
month interval must comply with the and Class 2 must be designed and be by reference in paragraph (a)(3)(ii) of
requirements in the latest edition and provided with the access necessary to this section) in effect 6 months before
addenda of the ASME OM Code perform the required preservice and the date of issuance of the construction
incorporated by reference in paragraph inservice examinations set forth in permit.
(a)(1)(iv) of this section on the date 12 editions and addenda of Section III or (ii) Preservice examination
months before the date of issuance of Section XI of the ASME BPV Code requirements for plants with CPs issued
the operating license under this part, or incorporated by reference in paragraph after 1974. For a boiling or pressurized
12 months before the date scheduled for (a)(1) of this section (or the optional water-cooled nuclear power facility,
initial loading of fuel under a combined ASME BPV Code Cases listed in NRC whose construction permit under this
license under part 52 of this chapter (or Regulatory Guide 1.147, as incorporated part, or design certification, design
the optional ASME OM Code Cases by reference in paragraph (a)(3)(ii) of approval, combined license, or
listed in NRC Regulatory Guide 1.192, this section) in effect 6 months before manufacturing license under part 52 of
as incorporated by reference in the date of issuance of the construction this chapter, was issued on or after July
paragraph (a)(3)(iii) of this section, permit. 1, 1974, components that are classified
subject to the conditions listed in (ii) Accessibility requirements for as ASME BPV Code Class 1, Class 2, and
paragraph (b) of this section). plants with CPs issued after 1974. For a Class 3 and supports for components
(ii) Applicable IST Code: Successive boiling or pressurized water-cooled that are classified as ASME BPV Code
120-month intervals. Inservice tests to nuclear power facility, whose Class 1, Class 2, and Class 3 must meet
verify operational readiness of pumps construction permit under this part, or the preservice examination
and valves, whose function is required design certification, design approval, requirements set forth in the editions
and addenda of Section III or Section XI start of the 120-month inspection under the insulation through multiple
of the ASME BPV Code incorporated by interval (or the optional ASME Code access points in outages that the VE is
reference in paragraph (a)(1) of this Cases listed in NRC Regulatory Guide not completed. This IWA–2212 VT–2
section (or the optional ASME BPV 1.147, when using ASME BPV Code, visual examination may be performed
Code Cases listed in NRC Regulatory Section XI, or NRC Regulatory Guide with the reactor vessel depressurized.
Guide 1.147, as incorporated by 1.192, when using the ASME OM Code, (4) Surface exam acceptance criteria.
reference in paragraph (a)(3)(ii) of this as incorporated by reference in In addition to the requirements of
section) applied to the construction of paragraphs (a)(3)(ii) and (iii) of this Paragraph –3132.1(b) of ASME BPV
the particular component. section), subject to the conditions listed Code Case N–729–4, a component
* * * * * in paragraph (b) of this section. whose surface examination detects
(v) Preservice examination However, a licensee whose inservice rounded indications greater than
requirements: Meeting later Code inspection interval commences during allowed in Paragraph NB–5352 in size
requirements. All components the 12 through 18-month period after on the partial-penetration or associated
(including supports) may meet the August 17, 2017, may delay the update fillet weld shall be classified as having
requirements set forth in subsequent of their Appendix VIII program by up to an unacceptable indication and
editions of codes and addenda or 18 months after August 17, 2017. corrected in accordance with the
portions thereof that are incorporated by Alternatively, licensees may, at any time provisions of paragraph–3132.2 of
reference in paragraph (a) of this in their 120-month ISI interval, elect to ASME BPV Code Case N–729–4.
section, subject to the conditions listed use the Appendix VIII in the latest * * * * *
therein. edition and addenda of the ASME BPV (F) * * *
* * * * * Code incorporated by reference in (1) Implementation. Holders of
(4) * * * paragraph (a) of this section, subject to operating licenses or combined licenses
(i) Applicable ISI Code: Initial 120- any applicable conditions listed in for pressurized-water reactors as of or
month interval. Inservice examination paragraph (b) of this section. Licensees after August 17, 2017, shall implement
of components and system pressure using this option must also use the same the requirements of ASME BPV Code
tests conducted during the initial 120- Edition and Addenda of Appendix I as Case N–770–2 instead of ASME BPV
month inspection interval must comply Appendix VIII, including any applicable Code Case N–770–1, subject to the
with the requirements in the latest conditions listed in paragraph (b) of this conditions specified in paragraphs
edition and addenda of the ASME Code section. (g)(6)(ii)(F)(2) through (13) of this
incorporated by reference in paragraph * * * * * section, by the first refueling outage
(a) of this section on the date 12 months (6) * * * starting after August 17, 2017.
before the date of issuance of the (ii) * * * (2) Categorization. Full structural
operating license under this part, or 12 (D) * * * weld overlays, authorized by the NRC
months before the date scheduled for (1) Implementation. Holders of staff in accordance with the alternatives
initial loading of fuel under a combined operating licenses or combined licenses approval process of this section, may be
license under part 52 of this chapter (or for pressurized-water reactors as of or categorized as Inspection Items C–1 or
the optional ASME Code Cases listed in after August 17, 2017 shall implement F–1, as appropriate. Welds that have
NRC Regulatory Guide 1.147, when the requirements of ASME BPV Code been mitigated by the Mechanical Stress
using ASME BPV Code, Section XI, or Case N–729–4 instead of ASME BPV Improvement Process (MSIPTM) may be
NRC Regulatory Guide 1.192, when Code Case N–729–1, subject to the categorized as Inspection Items D or E,
using the ASME OM Code, as conditions specified in paragraphs as appropriate, provided the criteria in
incorporated by reference in paragraphs (g)(6)(ii)(D)(2) through (4) of this Appendix I of the code case have been
(a)(3)(ii) and (iii) of this section, section, by the first refueling outage met. For the purpose of determining ISI
respectively), subject to the conditions starting after August 17, 2017. frequencies, all other butt welds that
listed in paragraph (b) of this section. (2) Appendix I use. Appendix I of rely on Alloy 82/182 for structural
Licensees may, at any time in their 120- ASME BPV Code Case N–729–4 shall integrity shall be categorized as
month ISI interval, elect to use the not be implemented without prior NRC Inspection Items A–1, A–2, or B until
Appendix VIII in the latest edition and approval. the NRC staff has reviewed the
addenda of the ASME BPV Code (3) Bare metal visual frequency. mitigation and authorized an alternative
incorporated by reference in paragraph Instead of Note 4 of ASME BPV Code code case Inspection Item for the
(a) of this section, subject to any Case N–729–4, the following shall be mitigated weld, or an alternative code
applicable conditions listed in implemented. If effective degradation case Inspection Item is used based on
paragraph (b) of this section. Licensees years (EDY) < 8 and if no flaws are conformance with an ASME mitigation
using this option must also use the same found that are attributed to primary code case endorsed in NRC Regulatory
edition and addenda of Appendix I as water stress corrosion cracking: Guide 1.147 with any applying
Appendix VIII, including any applicable (i) A bare metal visual examination is conditions specified in NRC Regulatory
conditions listed in paragraph (b) of this not required during refueling outages Guide 1.147, as incorporated by
section. when a volumetric or surface reference in paragraph (a)(3)(ii) of this
(ii) Applicable ISI Code: Successive examination is performed; and section. Paragraph –1100(e) of ASME
120-month intervals. Inservice (ii) If a wetted surface examination BPV Code Case N–770–2 shall not be
examination of components and system has been performed of all of the partial used to exempt welds that rely on Alloy
pressure tests conducted during penetration welds during the previous 82/182 for structural integrity from any
successive 120-month inspection non-visual examination, the requirement of paragraph (g)(6)(ii)(F) of
intervals must comply with the reexamination frequency may be this section.
requirements of the latest edition and extended to every third refueling outage (3) Baseline examinations. Baseline
addenda of the ASME Code or 5 calendar years, whichever is less, examinations for welds in Table 1 of
incorporated by reference in paragraph provided an IWA–2212 VT–2 visual ASME BPV Code Case N–770–2,
(a) of this section 12 months before the examination of the head is performed Inspection Items A–1, A–2, and B, if not
previously performed or currently whenever the core barrel is removed requirements of Note 14(a) of Table 1 of
scheduled to be performed in an (unless it has already been inspected ASME BPV Code Case N–770–2 cannot
ongoing refueling outage as of August within the past 10 years) or within 20 be met.
17, 2017, in accordance with paragraph years, whichever is less. (11) Cast stainless steel. Examination
(g)(6)(ii)(F) of this section, shall be (6) Reporting requirements. For any of ASME BPV Code Class 1 piping and
completed by the end of the next mitigated weld whose volumetric vessel nozzle butt welds involving cast
refueling outage. Previous examinations examination detects growth of existing stainless steel materials, shall be
of these welds can be credited for flaws in the required examination performed with Appendix VIII,
baseline examinations only if they were volume that exceed the previous IWB– Supplement 9 qualifications, or
performed within the re-inspection 3600 flaw evaluations or new flaws, a qualifications similar to Appendix VIII,
period for the weld item in Table 1 of report summarizing the evaluation, Supplement 2 or 10 using cast stainless
ASME BPV Code Case N–770–2 and the along with inputs, methodologies, steel mockups no later than the next
examination of each weld meets the assumptions, and causes of the new scheduled weld examination after
examination requirements of paragraphs flaw or flaw growth is to be provided to January 1, 2022, in accordance with the
–2500(a) or –2500(b) of ASME BPV the NRC prior to the weld being placed requirements of Paragraph –2500(a).
Code Case N–770–2 as conditioned in in service other than modes 5 or 6.
(7) Defining ‘‘t’’. For Inspection Items (12) Stress improvement inspection
this section. Other previous coverage. Under Paragraph I.5.1, for cast
examinations that do not meet these G, H, J, and K, when applying the
acceptance standards of ASME BPV stainless steel items, the required
requirements can be used to meet the examination volume shall be examined
baseline examination requirement, Code, Section XI, IWB–3514, for planar
flaws contained within the inlay or by Appendix VIII procedures to the
provided NRC approval in accordance maximum extent practical including
with paragraph (z)(1) or (2) of this onlay, the thickness ‘‘t’’ in IWB–3514 is
the thickness of the inlay or onlay. For 100 percent of the susceptible material
section, is granted prior to the end of the volume.
next refueling outage. planar flaws in the balance of the
dissimilar metal weld examination (13) Encoded ultrasonic examination.
(4) Examination coverage. When Ultrasonic examinations of non-
volume, the thickness ‘‘t’’ in IWB–3514
implementing Paragraph –2500(a) of is the combined thickness of the inlay mitigated or cracked mitigated
ASME BPV Code Case N–770–2, or onlay and the dissimilar metal weld. dissimilar metal butt welds in the
essentially 100 percent of the required (8) Optimized weld overlay reactor coolant pressure boundary must
volumetric examination coverage shall examination. Initial inservice be performed in accordance with the
be obtained, including greater than 90 examination of Inspection Item C–2 requirements of Table 1 for Inspection
percent of the volumetric examination welds shall be performed between the Item A–1, A–2, B, E, F–2, J, and K for
coverage for circumferential flaws. third refueling outage and no later than 100 percent of the required inspection
Licensees are prohibited from using 10 years after application of the overlay. volume using an encoded method.
Paragraphs –2500(c) and –2500(d) of (9) Deferral. Note (11)(b)(1) in ASME * * * * *
ASME BPV Code Case N–770–2 to meet BPV Code Case N–770–2 shall not be
examination requirements. used to defer the initial inservice Dated at Rockville, Maryland, this 30th day
(5) Inlay/onlay inspection frequency. of June 2017.
examination of optimized weld overlays
All hot-leg operating temperature welds (i.e., Inspection Item C–2 of ASME BPV For the Nuclear Regulatory Commission.
in Inspection Items G, H, J, and K shall Code Case N–770–2). Michele G. Evans,
be inspected each inspection interval. A (10) Examination technique. Note Acting Director, Office of Nuclear Reactor
25 percent sample of Inspection Items 14(b) of Table 1 and Note (b) of Figure Regulation.
G, H, J, and K cold-leg operating 5(a) of ASME BPV Code Case N–770–2 [FR Doc. 2017–14166 Filed 7–17–17; 8:45 am]
temperature welds shall be inspected may only be implemented if the BILLING CODE 7590–01–P

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32934 Federal Register / Vol. 82, No.

136 / Tuesday, July 18, 2017 / Rules and Regulations

correction, with conditions as the

10 CFR 50.55a(b)(3)(i) OM Condition: specified in § 50.55a(b)(3)(ii)(A) that

Operated Valves 2 The NRC issued seven supplements to provide

Paragraph –2500(a) of ASME BPV Code condition changing the inspection

requirements of IWB–3112(a)(3) and applicant or licensee may select any

a/l = 0.5), may be performed instead of 824

MAXIMUM INTERVALS FOR USE WHEN APPLYING INTERVAL EXTENSIONS

§ 50.55a(g)(4)(i) and (ii) to add a

Examinations 10 CFR 50.55a(g)(6)(ii)(F)(6) Reporting requirements of Note (b) of Figure 5(a)

MAXIMUM INTERVALS FOR USE WHEN APPLYING INTERVAL EXTENSIONS

TABLE 2—AVAILABILITY OF DOCUMENTS

Proposed Rule Documents:

TABLE 2—AVAILABILITY OF DOCUMENTS—Continued

FACILITIES (a)(1)(iii)(D) through (G); ■ j. Revise paragraphs (f) heading and

TABLE I—PROHIBITED CODE PROVISIONS

TABLE II—MAXIMUM INTERVALS FOR USE WHEN APPLYING INTERVAL EXTENSIONS

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