Nuclear Power Plant License Renewal; Proposed Revisions

Federal RegisterSep 9, 1994

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NUCLEAR REGULATORY COMMISSION

10 CFR Parts 2, 51, and 54

RIN 3150-AF05

Nuclear Power Plant License Renewal; Proposed Revisions

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing to amend

its regulations to change the requirements that an applicant for

renewal of a nuclear power plant operating license must meet, clarify

the required information that must be submitted to the NRC for review

so that the agency can determine whether those requirements have in

fact been met, and change the administrative requirements that a holder

of a renewed license must meet. The proposed amendments are intended to

provide a more stable and predictable regulatory process for license

renewal. This proposed rule would inform nuclear power plant licensees

and interested members of the public of the proposed changes to the

regulatory requirements for extending nuclear power plant operating

licenses beyond 40 years.

DATES: Submit comments by December 8, 1994. Comments received after

this date will be considered if it is practical to do so, but the

Commission is able only to ensure consideration for comments received

on or before this date.

ADDRESSES: Send comments to: Secretary, U.S. Nuclear Regulatory

Commission, Washington, DC 20555, Attention: Docketing and Service

Branch.

Deliver comments to: One White Flint North, 11555 Rockville Pike,

Rockville, Maryland 20852, between 7:45 am and 4:15 pm Federal

workdays.

Copies of comments received may be examined at: NRC Public Document

Room, 2120 L Street N.W. (lower level), Washington, DC.

FOR FURTHER INFORMATION CONTACT: Thomas G. Hiltz, Office of Nuclear

Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC

20555, telephone: (301) 504-1105.

SUPPLEMENTARY INFORMATION:

I. Background.

II. Proposed Action.

III. Principal Issues.

a. Continued validity of certain findings in previous

rulemaking.

b. Reaffirmation of the regulatory philosophy and approach and

clarification of the two principles of license renewal.

c. Systems, structures, and components within the scope of

license renewal.

d. The regulatory process and aging management.

e. Current licensing basis and maintaining the function of

systems, structures, and components.

f. Integrated plant assessment.

g. Time-limited aging analyses and exemptions.

h. Standards for issuance of a renewed license and the scope of

hearings.

i. Regulatory and administrative controls.

IV. Availability of Documents.

V. Questions.

VI. Finding of No Significant Environmental Impact: Availability.

VII. Paperwork Reduction Act Statement.

VIII. Regulatory Analysis.

IX. Regulatory Flexibility Act Certification.

X. Non-Applicability of the Backfit Rule.

I. Background

The license renewal rule (10 CFR Part 54) was adopted by the

Commission on December 13, 1991 (56 FR 64943). This rule established

the procedures, criteria, and standards governing the renewal of

nuclear power plant operating licenses.

Since publishing the license renewal rule, the staff of the NRC has

conducted various activities related to implementing this rule,

including developing a draft regulatory guide and a draft standard

review plan for license renewal, interacting with lead plant licensees,

and reviewing generic industry technical reports sponsored by the

Nuclear Management and Resources Council (now part of the Nuclear

Energy Institute).

In November 1992, the law firm of Shaw, Pittman, Potts, and

Trowbridge submitted a paper to the NRC that presented Northern States

Power Company's perspectives on the license renewal process. The paper

included specific recommendations for making the license renewal

process more workable. In addition, industry representatives provided

the Commission with views on several key license renewal implementation

issues. In late 1992, the NRC staff conducted a senior management

review and interacted with the Commission, industry groups, and

individual licensees to discuss key license renewal issues. The NRC

staff discussed its recommendations regarding several of these key

license renewal issues in two recent Commission policy papers (SECY-93-

049, ``Implementation of 10 CFR Part 54, `Requirements for Renewal of

Operating Licenses for Nuclear Power Plants,''' and SECY-93-113,

``Additional Implementation Information for 10 CFR Part 54,

`Requirements for Renewal of Operating Licenses for Nuclear Power

Plants''').

In its staff requirements memorandum (SRM) of June 28, 1993, the

Commission indicated that a predictable and stable regulatory process

that defines the Commission's expectations for license renewal in a

clear and unequivocal way is essential. This would permit licensees to

make decisions about license renewal without these decisions being

influenced by a regulatory process that is perceived to be uncertain,

unstable, or not clearly defined. The Commission directed the NRC staff

to convene a public workshop to evaluate alternative approaches for

license renewal that best take advantage of existing licensee

activities and programs as a basis for concluding that aging will be

addressed in an acceptable manner during the period of extended

operation. In particular, the Commission directed the NRC staff to

examine the extent to which greater reliance can be placed on the

maintenance rule (10 CFR 50.65, Requirements for Monitoring the

Effectiveness of Maintenance at Nuclear Power Plants) as a basis for

concluding that the effects of aging will be effectively managed during

the license renewal term.

On September 30, 1993, the NRC staff conducted a public workshop in

Bethesda, Maryland, that was attended by over 180 representatives from

nuclear utilities, industry organizations, architect and engineering

firms, consultants and contractors, and Federal and State governments.

In December 1993, the NRC staff forwarded SECY-93-331, ``License

Renewal Workshop Results and Staff Proposals for Revision to 10 CFR

Part 54, `Requirements for Renewal of Operating Licenses for Nuclear

Power Plants,''' to the Commission. The NRC staff recommended that the

Commission direct it to amend 10 CFR Part 54 to establish a more stable

and predictable license renewal process.

In its SRM of February 3, 1994, the Commission agreed with the NRC

staff's conceptual approach in SECY-93-331 for performing license

renewal reviews and directed the staff to proceed with rulemaking to

amend 10 CFR Part 54. The Commission believes that the license renewal

process should focus on the management of the effects of aging on

certain systems, structures, and components during the period of

extended operation. An objective for the proposed amendment is to

establish a more stable and predictable license renewal process that

identifies certain systems, structures, and components1 that

require review to provide the necessary assurance that these systems,

structures, and components will continue to perform their intended

function for the period of extended operation.

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\1\Throughout the Statement of Considerations, the phrases

systems, structures, and components and structures and components

are used. As a matter of clarification, the Commission intends that

the phrase systems, structures, and components applies to the

matters involving the discussions of the overall renewal review, the

specific license renewal scope (Sec. 54.4), time-limited aging

analyses (Sec. 54.21(c)), and the license renewal finding

(Sec. 54.29). The phrase structures and components applies to

matters involving the integrated plant assessment (IPA) required by

Sec. 54.21(c) because the aging management review required within

the IPA should be a component and structure level review rather than

a more general system level review. The phrase systems, structures,

and components applies to the evaluation of time-limited aging

analyses required by Sec. 54.21(c) because such plant-specific

analyses may have been carried out, for the initial operating term,

for either systems, structures, or components. Reevaluation for the

renewal term is intended to focus on the same systems, structures,

or components subject to the initial term time-limited aging

analyses. The finding required by Sec. 54.29 considers both the

results of the integrated plant assessment and the time-limited

aging analyses and, therefore, the phrase system, structures, and

components is applicable to this section.

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II. Proposed Action

The proposed rule would revise certain requirements contained in 10

CFR Part 54 and establish a regulatory process that is simpler, more

stable, and more predictable than the current license renewal rule. The

proposed rule would continue to ensure that continued operation beyond

the term of the original operating license will not be inimical to the

public health and safety. The more significant proposed changes to the

license renewal rule are as follows:

(1) The intent of the license renewal review would be clarified to

focus on the adverse effects of aging rather than identification of all

aging mechanisms. This change would emphasize that the rule is intended

to ensure that important systems, structures, and components will

continue to perform their intended function in the period of extended

operation. Identification of individual aging mechanisms would not be

required as part of the renewal review. The definitions of age-related

degradation, age-related degradation unique to license renewal, aging

mechanisms, renewal term, and effective program would be deleted.

(2) The definition of integrated plant assessment (IPA) (Sec. 54.3)

and the IPA process (Sec. 54.21(a)) would be clarified to be consistent

with the revised focus in item (1) on the detrimental effects of aging.

(3) A new Sec. 54.4 would be added to replace the current

definition of systems, structures, and components ``important to

license renewal'' in Sec. 54.3. Section 54.4 would define those

systems, structures, and components within the scope of the license

renewal rule and would identify the important functions (intended

functions) of the systems, structures, and components that must be

maintained. The requirement to include systems, structures, and

components that have limiting conditions for operation in facility

technical specifications within the scope of license renewal has been

deleted.

(4) In Sec. 54.21(a), the IPA process would be simplified. The

wording would be changed to resolve any ambiguity associated with the

use of the terms systems, structures, and components (SSCs) and

structures and components (SCs). A simplified methodology for

determining whether a structure or component requires an aging

management review for license renewal would be delineated. Only long-

lived, passive structures and components would be subject to an aging

management review for license renewal. Sections 54.21(b) and (d) of the

current rule would be deleted, and a new Sec. 54.21(c) dealing with

time-limited analyses and a new Sec. 54.21(d) dealing with final safety

analysis report (FSAR) supplement requirements would be added. The

requirement to review any relief from codes and standards contained in

Sec. 54.21(c) of the current rule would be deleted, and the requirement

to review exemptions from regulatory requirements contained in

Sec. 54.21(c) of the current rule would be clarified and linked with

the time-limited analyses.

(5) In Sec. 54.22, the requirement to include technical

specification changes in the FSAR supplement would be clarified

consistent with the revised focus on the detrimental effects of aging.

(6) In Sec. 54.29, the standards for issuance of a renewed license

would be changed to reflect the revised focus on the detrimental

effects of aging concerning structures and components requiring an

aging management review for license renewal and any time-limited issues

(including exemptions) applicable for the renewal term. A new paragraph

(b) would be added to separate those issues identified during the

license renewal process that require resolution during the current

license term from those issues that require resolution during the

license renewal process.

(7) In Sec. 54.33, requirements for continuation of the current

licensing basis (CLB) and conditions of renewed licenses would be

changed to delete all reference to age-related degradation unique to

license renewal (ARDUTLR). Section 54.33(d) of the current rule, which

requires a specific change control process, would be deleted.

(8) In Sec. 54.37, additional records and recordkeeping

requirements would be changed to be less prescriptive. Section 54.37(c)

would be deleted.

A set of questions, which is included in Section V of this

statement of considerations (SOC), identifies certain issues considered

in the development of the proposed rule for which the Commission is

soliciting additional information from members of the public.

III. Principal Issues

a. Continued Validity of Certain Findings in Previous Rulemaking

The purpose of this proposed rule is to simplify and clarify the

current license renewal rule. As such, it is a narrowly circumscribed

rulemaking. Unless otherwise clarified or reevaluated, either directly

or indirectly, in the discussion for this proposed rule, the

conclusions in the SOC for the current license renewal rule remain

valid (56 FR 64943; December 13, 1991). Therefore, if any conflicts

arise between discussions in the SOC for the December 13, 1991, license

renewal rule and discussions in the justification for this proposed

rule that follow, the intent discussed in the justification for this

proposed rule should take precedent.

b. Reaffirmation of the Regulatory Philosophy and Approach and

Clarification of the Two Principles of License Renewal

(i) Regulatory Philosophy

In developing the current license renewal rule, the Commission

concluded that issues that are material to renewal of a nuclear power

plant operating license are to be confined to those issues that the

Commission determines are uniquely relevant to protecting the public

health and safety and preserving common defense and security during the

period of extended operation. Other issues would, by definition, have a

relevance to the safety and security of the public during current plant

operation. Given the Commission's ongoing obligation to oversee the

safety and security of operating reactors, issues that are relevant to

current plant operation will be addressed within the present license

term rather than deferred until the time of license renewal.

Consequently, the Commission formulated the following two principles of

license renewal.

The first principle of license renewal was that, with the exception

of age-related degradation unique to license renewal and possibly some

few other issues related to safety only during extended operation of

nuclear power plants, the regulatory process is adequate to ensure that

the licensing bases of all currently operating plants provide and

maintain an acceptable level of safety so that operation will not be

inimical to public health and safety or common defense and security.

Moreover, consideration of the range of issues relevant only to

extended operation led the Commission to conclude that the detrimental

effects of aging is probably the only issue generally applicable to all

plants. As a result, continuing this regulatory process in the future

will ensure that this principle remains valid during any period of

extended operation if the regulatory process is modified to address

age-related degradation that is of unique relevance to license renewal.

Consequently, the current license renewal rule focuses the Commission's

review on this one safety issue. Under the current rule, the Commission

may address any other safety issue unique to the period of extended

operation.

The second and equally important principle of license renewal holds

that the plant-specific licensing basis must be maintained during the

renewal term in the same manner and to the same extent as during the

original licensing term. This principle would be accomplished, in part,

through a program of age-related degradation management for systems,

structures, and components that are important to license renewal as

defined in the current rule.

The Commission continues its fundamental support for these

principles. In particular, the Commission still believes that

mitigation of the deleterious effects of aging resulting from operation

beyond the initial license term should be the focus for license

renewal. After further consideration and experience in implementing the

current rule, the Commission has, however, determined that the

requirements for carrying out the license renewal review can and should

be simplified and clarified. The Commission has concluded that, for

certain plant systems, structures, and components, the existing

regulatory process will continue to mitigate the effects of aging to

provide an acceptable level of safety in the period of extended

operation.

The Commission now believes that it can generically exclude from

the IPA aging management review for license renewal (1) those

structures and components which perform active functions and (2)

structures and components subject to replacement based on qualified

life or specified time period. However, all systems, structures, and

components subject to time-limited aging analyses would be subject to a

license renewal evaluation. The objective of a license renewal review

is to determine whether the detrimental effects of aging could

adversely affect the functionality of systems, structures, and

components that the Commission determines require review for the period

of extended operation. The license renewal review is intended to

identify any additional actions that will be needed to maintain the

functionality of these systems, structures, and components in the

period of extended operation. Detailed discussions concerning

determination of those systems, structures, and components requiring a

license renewal review are contained in Section III.c of this SOC;

detailed discussions of those structures and components subject to an

aging management review are in Section III.f of this SOC; and, detailed

discussions on systems, structures, and components requiring a license

renewal evaluation are contained in Section III.g of this SOC.

Accordingly, this proposed rule focuses the license renewal review

on certain systems, structures, and components that the Commission has

determined require evaluation to ensure that the effects of aging will

be managed adequately in the period of extended operation. This change

is viewed as a modification consistent with the first principle of

license renewal established in the current rule. In view of this

proposed rule, the first principle can be revised to state that, with

the possible exception of the detrimental effects of aging on the

functionality of certain plant systems, structures, and components in

the period of extended operation and possibly some other issues related

to safety only during extended operation, the regulatory process is

adequate to ensure that the licensing bases of all currently operating

plants provide and maintain an acceptable level of safety so that

operation will not be inimical to public health and safety or common

defense and security.

(ii) Deletion of the Term ``Age-Related Degradation Unique to License

Renewal''

The use of the term ``age-related degradation unique to license

renewal'' (ARDUTLR) has caused significant uncertainty. A key problem

involves how unique aging issues are to be identified and, in

particular, how existing licensee activities and Commission regulatory

activities are to be considered in the identification of systems,

structures, and components as either subject to or not subject to

ARDUTLR. The difficulty in clearly establishing ``uniqueness'' in

connection with the effects of aging is underscored by the fact that

aging is a continuing process, the fact that many licensee programs and

regulatory activities are already focused on mitigating the effects of

aging to ensure safety in the current operating term of the plant, and

the fact that no new aging phenomena have been identified as

potentially occurring only during the period of extended operation.

The proposed rule would eliminate both the definition of ARDUTLR

and use of the term in codified regulatory text. Confusion regarding

the detailed definition of ARDUTLR in the rule and questions regarding

which structures and components could be subject to ARDUTLR would be

eliminated. Specifically, the proposed rule would focus on ensuring

that the effects of aging in the period of extended operation are

adequately managed.

Under the current rule, time-limited aging analyses applicable to

systems, structures, and components important to license renewal that

were based either on an explicitly assumed service life or defined by

the current license term and were the basis for a safety analysis, are

considered subject to ARDUTLR. Because the proposed amendment would

delete the definition of ``ARDUTLR,'' the proposed rule would

explicitly identify time-limited aging analyses as requiring evaluation

as part of the renewal process. Time-limited aging issues are discussed

further in Section III.g of this SOC.

c. Systems, Structures, and Components Within the Scope of License

Renewal

(i) Scope of the License Renewal Review and Elimination of the

Technical Specification Limiting Conditions for Operation Scoping

Category

In the proposed rule, the Commission has deleted the definition (in

Sec. 54.3) of systems, structures, and components important to license

renewal and proposes to replace it with a new section entitled

Sec. 54.4 Scope. This new section will continue to define the set of

plant systems, structures, and components that would be the initial

focus of a license renewal review. From this set of systems,

structures, and components, a license renewal applicant will determine

those systems, structures, and components that would require review for

license renewal. The intent of the definition of systems, structures,

and components important to license renewal (i.e., to initially focus

the review on important systems, structures, and components) remains

intact in the proposed Sec. 54.4.

In the Statements of Consideration for the current license renewal

rule, the Commission concluded that applicants for license renewal

should focus on the management of aging for those systems, structures,

and components that are of principal importance to the safety of the

plant. The Commission also believed that the focus of an aging

evaluation for license renewal cannot be limited to only those systems,

structures, and components that the Commission has traditionally

defined as safety-related. Therefore, the Commission determined that,

in order to ensure the continued safe operation of the plant during the

renewal term, (1) safety-related systems, structures, and components,

(2) nonsafety-related systems, structures, and components that directly

support the function of a safety-related system, structure, or

component or whose failure could prevent the performance of a required

function of a safety-related system, structure, or component, (3)

systems, structures, and components relied upon to meet a specific set

of Commission regulations, and (4) systems, structures, and components

subject to the operability requirements contained in the facility

technical specification limiting conditions for operation should be the

initial focus of the license renewal review.

Since publishing the final rule, the Commission has gained

considerable pre-application rule implementation experience and gained

a better understanding of aging management, in part, through the

development of a regulatory guide to implement the maintenance rule, 10

CFR 50.65. The Commission now believes that (1) by appropriately

crediting existing licensee programs that manage the effects of aging

and (2) by appropriately crediting the continuing regulatory process,

it can more narrowly define those systems, structures, and components

within the scope of license renewal and more narrowly focus the license

renewal review.

The Commission continues to believe that the initial scoping for

the license renewal review should not be limited to only those systems,

structures, or components that the Commission has traditionally defined

as safety-related. However, the Commission proposes that the

requirement to consider additional systems, structures, and components

subject to the operability requirements contained in the facility

technical specification limiting conditions for operation be deleted

and not included in this new scope section; the other three categories

would not be changed.

The first two categories of systems, structures, and components

discussed in the proposed new scoping section (54.4(a)(1) and (a)(2))

are the same categories defined in the current definition of systems,

structures, and components important to license renewal. These scoping

categories concern (1) all safety-related systems, structures, and

components and (2) all non-safety related systems, structures, and

components that support the function of a safety-related system,

structure, or component or whose failure could prevent a safety-related

system, structure, or component from satisfactorily fulfilling its

intended function(s). These two categories are meant to capture, as a

minimum, automatic reactor shutdown systems, engineered safety feature

systems, systems required for safe shutdown (achieve and maintain the

reactor in a safe shutdown condition), and non-safety systems such as

auxiliary systems necessary for the function of safety systems.

The third category of systems, structures, and components discussed

in the proposed new scoping section (54.4(a)(3)) are those systems,

structures, and components whose functionality may be relied on in

safety analyses or plant evaluations to perform a function that

demonstrates compliance with the Commission's regulations for 10 CFR

50.48 (Fire Protection), 10 CFR 50.49 (Environmental Qualification), 10

CFR 50.61 (Pressurized Thermal Shock), 10 CFR 50.62 (Anticipated

Transients Without Scram), and 10 CFR 50.63 (Station Blackout). This

category is also specified in the current definition of systems,

structures, and components important to license renewal and includes

those systems, structures, and components relied upon to meet certain

regulations and was developed to ensure that important systems,

structures, and components which may be considered outside the

traditional definition of safety-related, and outside of the first two

categories in Sec. 54.4, would be included within the initial focus of

license renewal. Through evaluation of industry operating experience

and through continuing regulatory analysis, the Commission has

reaffirmed that systems, structures, and components required to comply

with these regulations are important to safe plant operation because

they provide substantial additional protection to the public health and

safety or are an important element in providing adequate protection to

the public health and safety; therefore, the Commission concludes that

these systems, structures, and components should be included as part of

the initial scope of the license renewal review.

In the current license renewal rule, the Commission established a

fourth category of systems, structures, and components to be the focus

of the initial license renewal review. In this category, the Commission

included all systems, structures, and components that have operability

requirements in the plant technical specifications limiting conditions

for operation. As defined in Standard Technical Specifications, ``a

system, subsystem, train, component, or device shall be operable when

it is capable of performing its specified safety function(s) and when

all necessary attendant instrumentation, controls, normal or emergency

electrical power, cooling and seal water, lubrication, and other

auxiliary equipment that are required for the system, subsystem, train,

component, or device to perform its specified safety function(s) are

also capable of performing their related support function(s).'' This

was intended to include (1) all systems, structures, and components

specifically identified in the technical specification limiting

conditions for operation, (2) any system, structure or component for

which a functional requirement is specifically identified in the

technical specification limiting conditions for operation, and (3) any

necessary supporting system, structure or component that must be

operable or have operability in order for a required system, structure,

or component to be operable.

The Commission previously considered the technical specification

limiting conditions for operation scoping category to be consistent

with the Commission's intent to not re-examine the entire plant for

license renewal but to ensure that all systems, structures, and

components of principal importance to safe plant operation were

identified and evaluated. However, existing technical specifications

for many plants have functional requirements on certain systems,

structures, and components with low or indirect safety significance.

For example, limiting conditions for operation are frequently included

in technical specifications for plant meteorological monitoring

instrumentation, solid and liquid radioactive waste treatment systems,

and traversing incore probes. These requirements, while important for

certain aspects of power plant operation, have little or no direct

bearing on protection of public health and safety. Applying the first

three categories (54.4(a)(1), (2), and (3)) results in the majority of

systems, structures, and components that would be captured into the

license renewal scope when applying the technical specification

category. The technical specification category only adds non-safety

systems, structures, and components that do not support safety related

systems, structures, and components and consequently should not be the

subject of license renewal. Pre-application rule implementation

experience has indicated that this category of systems, structures, and

components as defined in the current rule could lead to an unwarranted

re-examination of plant systems, structures, and components that are

not of principal importance.

In its ``Final Policy Statement on Technical Specifications

Improvements for Nuclear Power Reactors'' (58 FR 39132), the Commission

identified four criteria for defining the scope of improved technical

specifications. The four criteria are as follows:

Criterion 1: Installed instrumentation that is used to detect, and

indicate in the control room, a significant abnormal degradation of the

reactor coolant pressure boundary.

Criterion 2: A process variable, design feature, or operating

restriction that is an initial condition of a Design Basis Accident or

Transient analysis that either assumes the failure of or presents a

challenge to the integrity of a fission product barrier.

Criterion 3: A structure, system, or component that is part of the

primary success path and which functions or actuates to mitigate a

Design Basis Accident or Transient that either assumes the failure of

or presents a challenge to the integrity of a fission product barrier.

Criterion 4: A structure, system, or component which operating

experience or probabilistic safety assessment has shown to be

significant to public health and safety.

Nuclear power plant licensees that voluntarily choose to

``improve'' their technical specifications based on this Commission

policy may submit changes to the Commission for review and approval

that will remove systems, structures, and components from their

technical specifications prior to conducting license renewal.

(Experience shows that approximately 40 percent of limiting conditions

for operation and surveillance requirements could be deleted).

While it is not the Commission's intent to require applicants for

license renewal to ``improve'' their technical specifications, it

remains the intent of the Commission to focus the license renewal

review on those systems, structures, and components that are of

principal importance to safety. Therefore, a license renewal scoping

category that requires wholesale consideration of systems, structures,

and components within the scope of technical specifications (that may

not be improved) may not appropriately focus licensee and NRC resources

on those systems, structures, and components that are of principal

importance to safety.

After considering the substantial overlap between the four criteria

for defining the scope of technical specifications and the first three

scoping categories for license renewal, the Commission has generically

concluded that the number of additional systems, structures, and

components that would be considered as a result of applying the

technical specification scoping category to improved technical

specifications is small. These additional systems, structures, and

components most likely would result from differences in each plant's

current licensing basis and from the application of these criteria and

categories on a plant-specific bases.

The Commission cannot make generic conclusions in this rulemaking

about these additional systems, structures, and components regarding

the appropriateness of whether they should be included in an individual

plant's technical specifications. However, the Commission can conclude

that these additional systems, structures, and components are of a

relatively lower safety significance because they are, by exclusion,

nonsafety-related systems, structures, and components whose failure

cannot prevent the performance or reduce the availability of a safety-

related system, structure, or component. Additionally, the Commission

believes that the current regulatory process for these additional

nonsafety-related systems, structures, and components is adequate to

ensure that age degradation will not result in a loss of functionality

in accordance with the CLB. Moreover, these additional nonsafety-

related systems, structures, and components should be within the scope

of the maintenance rule (Sec. 50.65).

The Commission believes that there is sufficient experience with

its policy on technical specifications to apply it generically in

revising the license renewal rule consistent with the Commission's

desire to credit existing regulatory programs. Therefore, the

Commission has concluded that the technical specification limiting

conditions for operation scoping category is unwarranted and proposes

to delete the requirement that identifies systems, structures, and

components with operability requirements in technical specifications as

being within the scope of the license renewal review.

(ii) Intended Function

The current license renewal rule requires an applicant for license

renewal to identify from the systems, structures, and components

important to license renewal those structures and components that

contribute to the performance of a ``required function'' or could, if

they fail, prevent systems, structures, and components from performing

a ``required function.'' This requirement initially posed some

difficulty in conducting pre-application reviews of proposed scoping

methodologies because it was not clear what was meant by ``required

function.'' Most systems, structures, and components have more than one

function and each could be regarded as ``required.'' Although the

Commission could have required a licensee to ensure all functions of a

system, structure, or component as part of the aging management review,

the Commission concluded that this requirement would be unreasonable

and inconsistent with the Commission's original intent to focus only on

those systems, structures, and components of primary importance to

safety. Consideration of ancillary functions would expand the scope of

the license renewal review beyond the Commission's intent. Therefore,

the Commission determined that ``required function'' in the current

license renewal rule refers to those functions that are responsible for

causing the systems, structures, and components to be considered

important to license renewal.

To avoid any confusion with the current rule, the Commission has

changed the term ``required function'' to ``intended function'' and

explicitly stated in Sec. 54.4 that the intended functions for systems,

structures, and components are the same functions that define the

systems, structures, and components as being within the scope of the

proposed rule.

(iii) Bounding the Scope of Review

Pre-application rule implementation has indicated that the

description of systems, structures, and components subject to review

for license renewal could be broadly interpreted and result in an

unnecessary expansion of the review. To limit the potential for an

unnecessary expansion of the review associated with the scoping

category relating to nonsafety-related systems, structures, and

components, the Commission intends this proposed nonsafety-related

category (Sec. 54.4(a)(2)) to apply to systems, structures, and

components whose failure would prevent the accomplishment of an

intended function of a safety-related system, structure, and component.

An applicant for license renewal should rely on the plant's current

licensing bases, actual plant-specific experience, industry-wide

operating experience, and existing engineering evaluations to determine

those nonsafety-related systems, structures, and components that are

the initial focus of the license renewal review. Consideration of

hypothetical failures that could result from system interdependencies

that are not part of the current licensing bases and that have not been

previously experienced is not required.

Likewise, in order to limit the potential for unnecessary expansion

of the review for the scoping category concerning those systems,

structures, and components whose function is relied upon in certain

plant safety analyses to demonstrate compliance with the Commission's

regulations (i.e., environmental qualification, station blackout,

anticipated transient without scram, pressurized thermal shock, and

fire protection), the Commission intends that this scoping category

include all systems, structures, and components whose function is

relied upon to demonstrate compliance with the Commission's

regulations. An applicant for license renewal should rely on the

plant's current licensing bases, actual plant-specific experience,

industry-wide operating experience, and existing engineering

evaluations to determine those systems, structures, and components that

are the initial focus of the license renewal review. Consideration of

hypothetical failures that could result from system interdependencies,

that are not part of the current licensing bases and that have not been

previously experienced is not required.

d. The Regulatory Process and Aging Management

(i) Aging Mechanisms and Effects of Aging

The current license renewal review approach discussed in the SOC

accompanying the December 13, 1991, rule emphasized the identification

and evaluation of aging mechanisms for systems, structures, and

components within the scope of the rule. Primarily through pre-

application implementation experience associated with the current

license renewal rule and the evaluation of comments resulting from the

September 1993 license renewal workshop, the Commission determined that

an approach to license renewal that focuses only on the identification

and evaluation of aging mechanisms could constitute an open-ended

research project. Ultimately, this type of approach may not provide

reasonable assurance that certain systems, structures, and components

will continue to perform their intended functions. The Commission

believes that regardless of the specific aging mechanism, only aging

degradation that leads to degraded performance or condition (i.e.,

detrimental effects) is of principal concern for license renewal

reviews. Because the detrimental effects of aging are manifested in

degraded performance or condition, an appropriate license renewal

review would ensure that licensee programs adequately monitor

performance or condition in a manner that allows for the timely

identification and correction of degraded conditions. The Commission

concludes that a shift in focus to managing the detrimental effects of

aging for license renewal reviews is appropriate and will provide

reasonable assurance that systems, structures, and components are

capable of performing their intended function during the period of

extended operation.

This shift in focus of the license renewal review has resulted in

several proposed changes to the license renewal rule. These changes

include deleting the definitions of aging mechanism and age-related

degradation, and replacing the references to managing ARDUTLR in the

IPA with a requirement to demonstrate that the effects of aging will be

adequately managed for the period of extended operation.

(ii) Regulatory Requirements and Reliance on the Regulatory Process for

Managing the Effects of Aging

The Commission amended its regulations on July 10, 1991 (56 FR

31306), to require commercial nuclear power plant licensees to monitor

the effectiveness of maintenance activities for safety-significant

plant equipment to minimize the likelihood of failures and events

caused by the lack of effective maintenance. The maintenance rule and

its implementation guidance (1) provides for continued emphasis on the

defense-in-depth principle by including selected balance-of-plant (BOP)

systems, structures, and components, (2) integrates risk consideration

into the maintenance process, (3) provides an enhanced regulatory basis

for inspection and enforcement of BOP maintenance-related issues, and

(4) provides a strengthened regulatory basis for ensuring that the

progress achieved to date is sustained in the future. The requirements

of the maintenance rule must be implemented by each licensee by July

10, 1996.

Commercial nuclear power plants have been performing a variety of

maintenance activities that function effectively as aging management

programs since plants were initially constructed. The Commission also

recognizes that both the industry and the NRC have acquired extensive

experience and knowledge in the area of nuclear power plant

maintenance. Regarding the need for a maintenance rule, the results of

the Commission's Maintenance Team Inspections (MTIs) indicated that

licensees have adequate maintenance programs in place and have

exhibited an improving trend in implementing them (56 FR 31307; July

10, 1991). However, the Commission determined that a maintenance rule

was needed, in part because the MTIs identified some common

maintenance-related weaknesses, such as inadequate root-cause analysis

leading to repetitive failures, lack of equipment performance trending,

and lack of appropriate consideration of plant risk in the

prioritization, planning, and scheduling of maintenance.

Since publishing the license renewal rule on December 13, 1991, the

regulatory process (e.g., regulatory requirements, aging research,

inspection requirements, and inspection philosophy) for managing the

detrimental effects of aging for important systems, structures, and

components has continued to evolve. The changes in the regulatory

process and initial experience with the license renewal rule have had a

direct bearing on the Commission's conclusions regarding the

appropriate focus of aging management review for systems, structures,

and components that are within the scope of the license renewal rule,

and how these systems, structures, and components are treated in the

IPA process.

In June 1993, the NRC issued Regulatory Guide 1.160, ``Monitoring

the Effectiveness of Maintenance at Nuclear Power Plants.'' The

regulatory guide provides an acceptable method for complying with the

requirements of the maintenance rule and states that a licensee can use

alternative methods if the licensee can demonstrate that these

alternative methods satisfy the requirements of the rule. Because aging

is a continuing process, the Commission has concluded that existing

programs and regulatory requirements that continue to be applicable in

the period of extended operation and provide adequate aging management

for systems, structures, and components should be credited for license

renewal. Accordingly, the proposed amendment to the license renewal

rule would focus the renewal review on plant systems, structures, and

components for which current activities and requirements may not be

sufficient to manage the effects of aging in the period of extended

operation.

(iii) Maintenance Rule Requirements and Implementation

As discussed in the regulatory analysis for the maintenance rule

and in Regulatory Guide 1.160, the Commission's determination that a

maintenance rule was needed arose from the conclusion that proper

maintenance was essential to plant safety. A clear link exists between

effective maintenance and safety as it relates to factors such as the

number of transients and challenges to safety systems and the

associated need for operability, availability, and reliability of

safety-related systems, structures, and components. In addition, good

maintenance is important to providing assurance that failures of other

than safety-related systems, structures, and components that could

initiate or adversely affect a transient or accident are minimized.

Minimizing challenges to safety systems is consistent with the

Commission's defense-in-depth philosophy. Therefore, nuclear power

plant maintenance is clearly important to protecting the public health

and safety.

The maintenance rule requires that power reactor licensees monitor

the performance or condition of systems, structures, and components

against licensee-established goals in a manner sufficient to provide

reasonable assurance that these systems, structures, and components are

capable of fulfilling their intended functions. Where it can be

demonstrated that the performance or condition of systems, structures,

and components is being effectively controlled through the performance

of appropriate preventive maintenance, performance and condition

monitoring against licensee-established goals is not required.

Performance and condition-monitoring activities and associated goals

and preventive maintenance activities must be evaluated once every

refueling cycle, provided the interval between evaluations does not

exceed 24 months.

As discussed in Regulatory Guide 1.160, the extent of monitoring

may vary from system to system, depending on the system's importance to

risk. Some monitoring at the component level may be necessary. However,

most of the monitoring could be done at the plant, system, or system

train level. For systems, structures, and components that fall within

the requirements of Sec. 50.65(a)(1), licensees must establish goals

and monitor performance against these goals. These goals should be

derived from information in the CLB and should be established

commensurate with safety significance of the systems, structures, or

components. These goals may be performance-oriented (reliability,

unavailability) or condition-oriented (pump flow, pressure, vibration,

valve stroke time, current, electrical resistance). An effective

preventive maintenance program is required under Sec. 50.65(a)(2) if

monitoring under Sec. 50.65(a)(1) is not performed.

The SOC for the maintenance rule (56 FR 31308; July 10, 1991)

states that the scope of Sec. 50.65(a)(2) includes those systems,

structures, and components that have ``inherently high reliability''

without maintenance. It is expected that many long-lived, passive

structures and components could be considered inherently reliable by

licensees and not be monitored under 10 CFR 50.65(a)(1). There may be

few, if any, actual maintenance activities (e.g., inspection or

condition monitoring) that a licensee conducts for such structures and

components. Further, experience gained under the current license

renewal rule, staff review of industry reports, NRC aging research, and

operating experience indicate that such structures and components

should be reviewed for license renewal if they are passive and long-

lived. Therefore, the Commission believes that such structures and

components that are technically within the scope of the maintenance

rule should not be excluded from review for license renewal on the

basis of their inherent reliability.

Although the maintenance rule does not become effective and

enforceable until July 10, 1996, the Commission believes that reliance

on the rule is an acceptable basis for managing the effects of aging

for active functions of systems, structures, and components. As

discussed in Regulatory Guide 1.160, implementation of the maintenance

rule relies extensively on existing maintenance programs and

activities. The industry has developed guidance for complying with the

maintenance rule. The NRC staff has reviewed this guidance and found it

acceptable. Many utilities may follow the industry guidance in

implementing the maintenance rule. Furthermore, the failure of any

licensee to comply with the maintenance rule is enforceable by the

Commission after July 10, 1996.

Therefore, the Commission believes that with the additional

experience it has gained with age-related degradation reviews and with

the implementation of the maintenance rule, there is a sufficient basis

for concluding that current licensee programs and activities, along

with the regulatory process, will be adequate to manage the effects of

aging on the active functions of all systems, structures, and

components within the scope of license renewal during the period of

extended operation such that the CLB will be maintained. The bases for

this conclusion are discussed further in the following sections.

(iv) Integration of the Regulatory Process and the Maintenance Rule

With the License Renewal Rule

Because of the resultant insight and understanding that the NRC

gained in developing the implementation guidance for the maintenance

rule, the Commission is now in a position to more fully integrate the

maintenance rule and the license renewal rule. Because the intent of

the license renewal rule and the maintenance rule is similar (ensuring

that the detrimental effects of aging on the functionality of important

systems, structures, and components are effectively managed), the

Commission has determined that the license renewal rule should credit

existing maintenance activities and maintenance rule requirements for

most structures and components. Fundamental to establishing credit for

the existing programs and the requirements of the maintenance rule is

the recognition that licensee activities associated with the

implementation of the maintenance rule will continue throughout the

renewal period and are consistent with the first principle of license

renewal. As a result, the requirements in this proposed rule reflect a

greater reliance on existing licensee programs that manage the

detrimental effects of aging on functionality, including those

activities implemented to meet the requirements of the maintenance

rule.

In addition to the maintenance rule, the Commission has many

individual requirements relative to maintenance throughout its

regulations. These include 10 CFR 50.34(a)(3)(i); 50.34(a)(7);

50.34(b)(6)(i), (ii), (iii), and (iv); 50.34(b)(9); 50.34(f)(1)(i),

(ii), (iii); 50.34(g); 50.34a(c); 50.36(a); 50.36(c)(2), (3), (5), and

(7); 50.36a(a)(1); 50.49(b); 50.55a(g); Part 50, Appendix A, Criteria

1, 13, 18, 21, 32, 36, 37, 40, 43, 45, 46, 52, 53; and Part 50,

Appendix B.

(v) Excluding Structures and Components With Active Functions

Performance and condition monitoring for systems, structures, and

components typically involves the collection and analysis of key

parametric data. This data provides information on the practical

effects of age-related degradation on the functionality of systems,

structures, and components. The nature of this parametric data

associated with active functions (e.g., pump flows, pressure,

vibrations, valve stroke time, current, electrical resistance) makes

the data generally easier to monitor and analyze than parametric data

related to passive functions (e.g., pipe wall thinning, fracture

toughness, ductility, and mechanical strength). Although, as previously

discussed, the requirements of the maintenance rule apply to systems,

structures, and components that perform both active and passive

functions, the Commission has determined that performance and

condition-monitoring programs for structures and components that

perform passive functions present limitations that should be considered

in determining which structures and components can be generically

excluded from an aging management review for license renewal.

Based on consideration of the effectiveness of existing programs

which monitor the performance and condition of systems, structures, and

components that perform active functions, the Commission concludes that

structures and components associated only with active functions can be

excluded from a license renewal aging management review. Functional

degradation resulting from the effects of aging of those systems,

structures, and components that perform active functions is more

readily determinable, and existing programs and requirements applicable

to this equipment are expected to continue to ensure the functionality

of such equipment. Considerable experience has demonstrated the

effectiveness of these programs and the performance-based requirements

of the maintenance rule delineated in Sec. 50.65 are expected to

further enhance existing maintenance programs. For example, many

licensee programs that ensure compliance with technical specifications

are based on surveillance activities that monitor performance of

systems, structures, and components that perform active functions. As a

result of the continued applicability of existing programs and

regulatory requirements, the Commission believes that active functions

of systems, structures, and components will be reasonably assured in

any period of extended operation. Further discussion and justification

for exclusion of active functions of structures and components within

the scope of the license renewal rule but outside the scope of the

maintenance rule are presented in Section (vi).

(vi) Excluding Active Fire Protection Components

The scope of the maintenance rule does not, in general, include

installed fire protection systems, structures, and components because

performance and condition monitoring is required by Sec. 50.48.

Therefore, for the purposes of license renewal, installed structures

and components with active functions can be excluded from an aging

management review because they are either within the scope of

Sec. 50.65 or Sec. 50.48. Compliance with Sec. 50.48 is verified

through the NRC inspection program.

The fire protection rule (Sec. 50.48) requires each nuclear power

plant licensee to have in place a fire protection plan (FPP) that

satisfies 10 CFR Part 50, Appendix A, Criterion 3. Licensees are

required by Sec. 50.48 to retain the FPP and each change to the plan

until the Commission terminates the reactor license. The NRC reviews

each licensee's total FPP as described in the licensee's safety

analysis report (SAR), using basic review guidance described in

Sec. 50.48, as applicable to each plant.

The FPP establishes the fire protection policy for the protection

of systems, structures, and components important to safety at each

plant and the procedures, equipment, and personnel requirements

necessary to implement the program at the plant site. The FPP is the

integrated effort that involves systems, structures, and components,

procedures, and personnel to carry out all activities of fire

protection. The FPP includes system and facility design, fire

prevention, fire detection, annunciation, confinement, suppression,

administrative controls, fire brigade organization, inspection and

maintenance, training, quality assurance, and testing.

The FPP is part of the CLB and contains maintenance and testing

criteria that provide reasonable assurance that fire protection

systems, structures, and components are capable of performing their

intended function. The Commission concludes that it is appropriate to

allow license renewal applicants to take credit for the FPP as an

existing program that manages the detrimental effects of aging. The

Commission concludes that active functions of installed fire protection

components are excluded from aging management review based on a generic

finding that performance or condition-monitoring programs afforded by

the FPP are capable of detecting and subsequently mitigating the

detrimental effects of aging.

(vii) Future Exclusion of Structures and Components Based on NRC

Requirements

As part of the ongoing regulatory process, the NRC evaluates

emerging technical issues and, when warranted, establishes new or

revised regulatory requirements as part of the resolution of a new

technical issue, subject to the provisions of the backfit rule

(Sec. 50.109). Increasing experience with aging nuclear power plants

has led to the imposition or consideration of additional requirements.

For example, at this time the Commission is considering rulemaking

activities associated with steam generator performance and containment

inspections. For steam generators, the Commission is considering the

need for a performance-based rule to address steam generator tube

integrity. To address concerns regarding containments and liners, the

Commission is considering amending Sec. 50.55(a) to incorporate the

most recent version of Subsections IWE and IWL in the American Society

of Mechanical Engineers (ASME) Code, Section XI.

Such new requirements, if implemented, would be relevant to both

aging management and the structures and components subject to an aging

management review for license renewal (i.e., long-lived, passive

structures and components). As a result, as part of relevant future

rulemakings, the Commission intends to evaluate whether these new

requirements can be considered effective in continuing to manage the

effects of aging through any renewal term. A positive conclusion could

establish the bases for further limiting the scope of review for

license renewal.

e. Current Licensing Basis and Maintaining the Function of Systems,

Structures, and Components

In the SOC for the current license renewal rule, the Commission

concluded that, with the exception of ARDUTLR, the current regulatory

processes are sufficiently broad and rigorous and that these processes

generally provide reasonable assurance that extended operation of

existing plants would not endanger the public health and safety and

would not be inimical to the common defense and security. By stating

that the CLB must be maintained for the period of extended operation,

the Commission indicated its intent to ensure the continuation of an

acceptable level of safety for the plant.

Note: The expression in the second principle ``Maintaining the

CLB,'' recognizes that a plant's CLB is not fixed. Rather, the CLB

is dynamic and can be modified at any time during the initial

operating term, during the license renewal process, and during the

period of extended operation.

As discussed in the SOC for the current license renewal rule, the

Commission stated that continued safe operation of a nuclear power

plant requires that systems, structures, and components that perform or

support safety functions continue to perform in accordance with the

applicable requirements in the licensing basis. In addition, the

Commission stated that the effects of ARDUTLR must be mitigated to

ensure that the aged systems, structures, and components will

adequately perform their designed safety or intended function.

In developing this proposed rule, a key issue that the Commission

considered was whether or not a focus on ensuring a system's,

structure's or component's function through performance or condition

monitoring is a sufficient basis for concluding that the CLB will be

maintained throughout the period of extended operation. The Commission

considered whether the regulatory process and a focus on functionality

during the license renewal review for the period of extended operation

are sufficient to provide reasonable assurance that an acceptable level

of safety (i.e., the CLB) will be maintained.

Continued safe operation of a commercial nuclear power plant

requires that systems, structures, and components that perform or

support safety functions continue to function in accordance with the

applicable requirements in the licensing basis of the plant and that

other plant systems, structures, and components do not substantially

increase the frequency of challenges to plant safety systems,

structures, and components. As a plant ages, a variety of aging

mechanisms are operative, including erosion, corrosion, wear, thermal

and radiation embrittlement, microbiologically induced aging effects,

creep, shrinkage, and possibly others yet to be identified or fully

understood. However, the detrimental effects of aging mechanisms can be

observed by detrimental changes in the performance characteristics or

condition of systems, structures, and components if they are properly

monitored.

Aging can affect all systems, structures, and components to some

degree. Generally, the changes resulting from detrimental aging effects

are gradual. Licensees have ample opportunity to detect these

degradations through performance and condition-monitoring programs,

technical specification surveillances required by Sec. 50.36, and other

licensee maintenance activities. Except for some well-understood aging

mechanisms such as neutron embrittlement and intergranular stress

corrosion cracking, the straightforward approach to detecting and

mitigating the effects of aging begins with a process that verifies

that the intended design functions of systems, structures, and

components have not been compromised or degraded. Licensees are

required by current regulations to develop and implement programs that

ensure that conditions adverse to quality, including degraded system,

structure, or component function, are promptly identified and

corrected. The licensees' programs include self-inspection,

maintenance, and technical specification surveillance programs that

monitor and test the physical condition of plant systems, structures,

and components.

For example, technical specifications include limiting conditions

for operation (LCOs), which are the lowest functional capability or

performance levels of equipment required for safe operation of the

facility. Technical specifications also require surveillance

requirements relating to test, calibration, or inspection to ensure

that the necessary quality of systems and components is maintained,

that facility operation will be within the safety limits, and that the

LCOs will be met. Furthermore, Sec. 50.55a requires, in part, that

structures, systems, and components be tested and inspected against

quality standards commensurate with the importance of the safety

function to be performed, such as inservice testing (IST) and inservice

inspections (ISIs) of pumps and valves.

Elements for timely mitigation of age-related degradation effects

include activities that provide reasonable assurance that systems,

structures, and components will perform their intended functions when

called upon to do so. Through these programs, licensees identify the

degradation of components resulting from a number of different

environmental stressors as well as degradation from faulty maintenance

or other errors caused by personnel. Once a detrimental performance or

condition caused by aging or other factors is revealed, mitigating

actions are taken to fully restore the conditions within the design

basis. As a result of these programs, degradation due to aging

mechanisms (detrimental aging effects) is currently being adequately

managed, either directly or indirectly, for many systems, structures,

and components.

Consequently, there is considerable logic in ensuring that the

design basis (as defined in Sec. 50.2) of systems, structures, and

components is maintained through activities that ensure continued

functionality. This process is relied on in the current term to ensure

continued operability of systems, structures, and components and

includes surveillance of systems, structures, and components to ensure

that, to the greatest extent practicable, the system, structure, or

component properly performs the intended design functions. The focus on

maintaining operability results in the continuing capability of

systems, structures, and components, including supporting systems,

structures, and components, to perform their intended functions as

designed.

A key element of the 10 CFR Part 54 definition of the CLB is the

plant-specific design-basis information defined in 10 CFR 50.2.

According to this definition, ``[d]esign bases means that information

which identifies the specific functions to be performed by a structure,

system, or component of a facility, and the specific values or ranges

of values chosen for controlling parameters as reference bounds for

design.'' In addition, design bases identify specific functions to be

performed by a system, structure, and component, and design-basis

values may be derived for achieving functional goals. For plant

systems, structures, and components that are not subject to performance

or condition-monitoring programs or for plant systems, structures, and

components on which the detrimental effects of aging may not be as

readily apparent, verification of specific design values (e.g., piping

wall thickness) or demonstration by analysis can be a basis for

concluding that the function of the system, structure, or component

will be maintained in the period of extended operation.

When the design bases of systems, structures, and components can be

confirmed either directly by inspection or by verification of

functionality through test or analysis, a reasonable conclusion can be

drawn that the CLB is or will be maintained. This conclusion recognizes

that the portion of the CLB that can be impacted by the detrimental

effects of aging is limited to the design bases aspects of the CLB.

Although the definition of CLB in Part 54 is broad and encompasses

various aspects of the NRC regulatory process (e.g., operability and

design requirements), the Commission concludes that a specific focus on

functionality is appropriate for performing the license renewal review.

Reasonable assurance that the function of important systems,

structures, and components will be maintained throughout the renewal

period, combined with the rule's stipulation that all aspects of a

plant's CLB (e.g., technical specifications) and the NRC's regulatory

process carry forward into the renewal period, are viewed as sufficient

to conclude that the CLB (which represents an acceptable level of

safety) will be maintained. Functional capability is the principal

emphasis for much of the CLB and is the focus of the maintenance rule

and other regulatory requirements to ensure that aging issues are

appropriately managed in the current license term.

An example of performance verification activities that must be

performed by licensees is the integrated loss of coolant accident

(LOCA)/loss of offsite power (LOOP) integrated test. This technical

specification surveillance is typically required to be performed at

least once every 18 months. This test simulates a coincident LOCA/LOOP

(design-basis accident) for each train or division of emergency

alternating current (ac) power source (e.g., emergency diesel

generators), the associated emergency core cooling systems (e.g.,

safety injection subsystems), and other electrically driven safety

components (e.g., containment isolation valves, emergency ventilation/

filtration components, and auxiliary steam generator feed components).

All engineered safety features required to actuate for an actual LOCA/

LOOP are required to actuate for the test and either duplicate the

LOCA/LOOP function completely (e.g., electric loads are sequenced onto

emergency busses, containment isolation valves actually shut from full

open positions) or approximate the actual function to the greatest

extent practicable (e.g., safety injection pumps start and run in

recirculation mode instead of actually injecting water into the reactor

coolant system). Design-basis values that can only be measured during

this testing, such as load sequence times and emergency bus voltage

response to the sequenced loads, are verified. Between integrated

tests, monthly and quarterly surveillances verify specific component

performance criteria such as valve stroke times or pump flow values.

The acceptance criteria stated in the surveillance requirements are

derived from design-basis values with appropriate conservatisms built

in to account for any uncertainties or measurement tolerances.

Satisfactory accomplishment and periodic repetition of these types of

surveillance provide reasonable assurance that system, structure, and

component functions will be performed as designed.

f. Integrated Plant Assessment

The current license renewal rule requires license renewal

applicants to perform a systematic screening of plant systems,

structures, and components to ultimately determine if aging would be

adequately managed in the period of extended operation. This IPA

process would begin broadly and consider all plant systems, structures,

and components. The IPA would then focus on only those that are

important to license renewal and finally on only those structures and

components that could be subject to ARDUTLR. For those structures and

components subject to ARDUTLR, the IPA process required an evaluation

and demonstration that either (1) New programs or licensee actions

would be implemented to prevent or mitigate any ARDUTLR during the

period of extended operation or (2) justifies that no actions are

necessary.

Based on experience gained from implementation of the license

renewal rule, the Commission determined that the current license

renewal review would require the evaluation of an unnecessarily large

number of plant systems, structures, and components to establish

appropriate aging management in the period of extended operation.

Experience, further consideration of existing activities, and the

requirements of the maintenance rule have led the Commission to

conclude that many of these systems, structures, and components are

already subject to activities that ensure their function through any

period of extended operation. Therefore, the Commission proposes to

amend the IPA process in the license renewal rule to more efficiently

focus the license renewal review on certain structures and components

for which the regulatory process and existing licensee programs and

activities may not adequately manage the detrimental effects of aging

in the period of extended operation.

The approach reflected in this proposed rule maintains the

requirement for each renewal applicant to address possible detrimental

effects of aging for certain structures and components during the

period of extended operation through the IPA process. The proposed rule

would simplify the IPA process consistent with (1) The Commission's

determination that the aging management review should focus on ensuring

that structures and components perform their intended function(s) and

(2) the additional experience the Commission has gained related to

aging management review since publishing the current license renewal

rule. The proposed rule would still require that applicants for license

renewal take necessary actions to ensure that the CLB will be

maintained and thus maintain an acceptable level of safety during the

period of extended operation.

Similarly, the IPA process would continue to require an initial

review of all plant systems, structures, and components to identify the

scope and would then focus on those structures and components requiring

aging management review for license renewal. The principal differences

between the IPA process in the current license renewal rule and the IPA

process in the proposed rule is--

(1) The determination of the reduced set of structures and

components which must undergo an aging management review;

(2) The form of the aging management review (managing the effects

of aging on functionality versus managing aging mechanisms); and

(3) The elimination of the term ARDUTLR.

(i) Determination of Structures and Components Requiring Aging

Management Review for License Renewal

In the SOC for the current license renewal rule, the Commission

stated that as it gains more experience with age-related degradation

reviews it may revisit the need for such a disciplined review process

and may narrow the scope of the safety review. The Commission now

believes that after reviewing its recent implementation experience, a

narrower scope of review is warranted. The Commission concludes that a

generic exclusion from aging management review is appropriate for those

categories of structures and components subject to existing programs

and activities that the Commission believes are sufficient to provide

reasonable assurance of continued function in the period of extended

operation.

As discussed in Section III.d of this SOC, the Commission has

determined that the current regulatory process, existing licensee

programs and activities, and the maintenance rule provide an acceptable

rationale for generically concluding that structures and components

that have active functions can be excluded from an aging management

review. However, the Commission does not believe that it can

generically exclude structures and components that--

(1) Do not have performance and condition characteristics that are

as readily monitorable as active components; and

(2) Are not subject to periodic, planned replacement.

Unlike the extensive experience associated with the performance and

condition monitoring of the active functions of structures and

components, little experience has been gained from the evaluation of

long-term effects of aging on the passive functions of structures and

components. The Commission considers that the detrimental effects of

aging affecting passive functions of structures and components are less

apparent than the detrimental effects of aging affecting the active

functions of structures and components. Therefore, the Commission

concludes that a generic exclusion for passive structures and

components is inappropriate at this time. The Commission also concludes

that an aging management review of the passive functions of structures

and components is warranted to provide the reasonable assurance that

their intended functions are adequately maintained during the period of

extended operation. Additional experience with managing the effects of

aging on the function of these structures and components may narrow the

selection of structures and components requiring an aging management

review for license renewal in the future.

(a) ``Passive'' structures and components. In Section III.d of this

SOC, the Commission concluded that structures and components having

active functions can be excluded from an aging management review based

on performance or condition-monitoring programs. The Commission

recognizes that ``passive'' structures and components, in general, do

not have performance and condition characteristics that are as readily

monitorable as active structures and components. Therefore, the

Commission concludes that an aging management review for certain

passive structures and components is required for license renewal.

The Commission has reviewed several industry concepts of

``passive'' structures and components and has determined that they do

not accurately describe the structures and components that should be

subject to an aging management review for license renewal. Accordingly,

the Commission has developed a description of ``passive''

characteristics of structures and components that require aging

management review. Furthermore, the Commission has directly

incorporated these characteristics into the IPA process to avoid the

creation of a new term, ``passive.'' This SOC uses the term ``passive''

for convenience. Furthermore, the description of ``passive'' structures

and components incorporated into Sec. 54.21(a) should be utilized only

in connection with the IPA review in the license renewal process.

The maintenance rule implementation guidance contains a provision

by which licensees may classify certain systems, structures, and

components (e.g., raceways, tanks, and structures) as inherently

reliable. Inherently reliable systems, structures, and components by

definition generally do not require any continuing maintenance actions

and should be considered as ``passive.''

The Commission considers structures and components for which aging

degradation is not readily monitored to be those that perform an

intended function without moving parts or without a change in

configuration or properties. For example, a pump or valve has moving

parts, an electrical relay can change its configuration, and a battery

changes its electrolyte properties when discharging. Therefore, the

performance or condition of these components is readily monitored and

would not be captured by this description. Further, the Commission

proposes that ``a change in configuration or properties'' should be

interpreted to include ``a change in state,'' which is a term sometimes

found in the literature relating to ``passive.'' For example, a battery

can ``change its state'' and therefore would not be screened in under

this description.

Structures or components may have multiple functions, thus some

structures or components may meet the ``passive'' description. For

example, although a pump or a valve has some moving parts, a pump

casing or valve body performs a pressure-retaining function without

moving parts. A pump casing or a valve body meets this description and

therefore would be considered for an aging management review. However,

the moving parts of the pump, such as the pump impeller, would not be

subject to aging management review.

As examples of the implementation of this screening requirement,

the Commission would consider structures and components meeting the

passive description as including, but not limited to, the reactor

vessel, the reactor coolant pressure boundary, steam generators, the

pressurizer, piping, pump casings, valve bodies, the core shroud,

piping supports, the spent fuel rack, pressure retaining boundaries,

heat exchangers, ventilation ducts, the containment, the containment

liner, electrical penetrations, mechanical penetrations, equipment

hatches, seismic Category I structures, electrical cables and

connections, cable trays, and electrical cabinets.

Additionally, the Commission would consider structures and

components not meeting the ``passive'' description as including, but

not limited to, the portions of pumps that do not form pressure

retaining boundaries, motors, diesel generators, air compressors,

snubbers, the control rod drive, ventilation dampers, pressure

transmitters, pressure indicator, water level indicators, switchgears,

cooling fans, transistors, batteries, breakers, relays, switches, power

inverters, circuit boards, battery chargers, and power supplies.

(b) ``Long-lived'' structures and components. The Commission

recognizes that the detrimental effects of aging will increase as

service life is extended. One way to effectively mitigate these effects

is through replacement. Accordingly, maintenance programs that

periodically replace structures and components may provide reasonable

assurance that the effects of aging will not impair structure or

component performance during the period of extended operation.

Conversely, structures and components that are not replaced may be more

likely to be impaired by cumulative aging effects.

The Commission considers structures and components to be ``long-

lived'' if they are not subject to periodic replacement based on a

qualified life or a specified time period. Therefore, in addition to

the ``passive'' screening criterion, the Commission concludes that

structures and components that are not replaced based on a qualified

life or specified time period must be considered for an aging

management review.

It is important to note, however, that the Commission has decided

not to generically exclude structures and components that are replaced

based on performance or condition from an aging management review. The

Commission does not intend to preclude a license renewal applicant from

providing site-specific justification in a license renewal application

that a replacement program based on performance or condition for a

passive structure or component provides reasonable assurance that

functionality will be maintained in the period of extended operation.

(ii) The IPA Process

The Commission proposes to revise and simplify the IPA requirements

(Sec. 54.21(a)) as follows:

First, instead of listing those systems, structures, and components

that are important to license renewal, the Commission proposes to

require only a list (from those systems, structures, and components

within the scope of license renewal) of structures and components that

a licensee determines to be subject to an aging management review for

the period of extended operation. A licensee has the flexibility to

determine the set of structures and components for which an aging

management review is performed, provided that this set encompasses the

structures and components for which the Commission has determined an

aging management review is required for the period of extended

operation. Therefore, a licensee's aging management review must include

structures and components--

(1) That were not subject to replacement based on a qualified life

or a specified time period; and

(2) That perform an intended function (Sec. 54.4) without moving

parts or without a change in configuration or properties.

In establishing this flexibility, the Commission recognizes that

licensees may find it preferable to not take maximum advantage of the

Commission's generic conclusion regarding structures and components

which do not require agency management review, and may undertake a

broader scope of review than is minimally required. For example, a

licensee may desire to review all ``passive'' structures and

components. This set of structures and components would be acceptable

because it includes ``long-lived'' as well as periodically replaced

structures and components and, therefore, encompasses all structures

and components which would be identified through criteria (1) and (2).

Second, the IPA must contain a description of the methodology used

to determine those systems, structures, and components within the scope

of license renewal and those structures and components subject to an

aging management review, such that the minimum required structures and

components are included in the applicant's aging management review.

Third, the IPA must contain a demonstration for each structure and

component subject to an aging management review so that the effects of

aging will be managed in such a way that the intended function(s) will

be maintained for the period of extended operation. This demonstration

should include a description of activities, as well as any changes to

the CLB and plant modifications that are relied upon to demonstrate

that the intended function(s) is adequately maintained despite the

effects of aging in the period of extended operation.

g. Time-Limited Aging Analyses and Exemptions

(i) Time-Limited Aging Analyses

The definition of ARDUTLR in the current license renewal rule

requires a licensee evaluation and NRC approval of previous time-

limited aging analyses for systems, structures, and components within

the scope of license renewal that either were based on an assumed

service life or a period of operation defined by the original license

term. For example, certain plant-specific safety analyses may have been

based on an explicitly assumed 40-year plant life (e.g., aspects of the

reactor vessel design). As a result, an evaluation for license renewal

would be required. Time-limited aging analyses based on an assumed

period of plant operation short of the current operating term should be

addressed within the original license and are of no concern for license

renewal.

Because the Commission proposes to delete the definition of

ARDUTLR, the amended license renewal rule would have to identify these

explicit time-limited analyses as issues that must be clearly addressed

within the license renewal process. The proposed rule would explicitly

require that--

(1) Applicants perform an evaluation of time-limited aging issues

relevant to systems, structures, and components within the scope of

license renewal in the license renewal application; and

(2) The adequate resolution of time-limited aging analysis issues

as part of the standards for issuance of a renewed license.

The time-limited provisions or analyses of concern are those that--

(1) Involve the effects of aging;

(2) Involve time-limited assumptions defined by the current

operating term, for example, 40 years;

(3) Involve systems, structures, and components within the scope of

license renewal;

(4) Involve conclusions or provide the basis for conclusions

related to the capability of the system, structure, and component to

perform its intended functions;

(5) Were determined to be relevant by the licensee in making a

safety determination; and

(6) Are contained or incorporated by reference in the CLB.

The applicant for license renewal will be required in the renewal

application to--

(1) Justify that these analyses are valid for the period of

extended operation;

(2) Extend the period of evaluation of the analyses such that they

are valid for the period of extended operation, for example, 60 years;

or

(3) Justify that the effects of aging will be adequately managed

for the period of extended operation if an applicant cannot or chooses

not to justify or extend an existing time-limited aging analysis.

The Commission considers analyses to be ``relevant'' if the

analyses provided the basis for the licensee's safety determination

and, in the absence of the analyses, the licensee may have reached a

different safety conclusion. Time-limited aging analyses that need to

be addressed in a license renewal evaluation are not necessarily those

analyses that have been previously reviewed or approved by the

Commission. The following examples illustrate time-limited aging

analyses that may need to be addressed and were not previously reviewed

and approved by the Commission.

(1) The FSAR states that the design complies with a certain ASME

code requirement. A review of the ASME code requirement reveals that a

time-limited aging analysis is required. The actual calculation was

performed by the licensee to meet code requirements, the specific

calculation was not referenced in the FSAR, and the NRC had not

reviewed the calculation.

(2) In response to a generic letter, a licensee submitted a letter

to the NRC committing to perform a time-limited aging analysis that

would address the concern in the generic letter. The NRC had not

documented a review of the licensee's response and had not reviewed the

actual analysis.

The Commission expects that the number of time-limited aging

analyses that would have to be addressed in a license renewal

evaluation is relatively small. Although the number and type will vary

depending on the plant-specific CLB, these analyses could include

reactor vessel neutron embrittlement (pressurized thermal shock, upper-

shelf energy, surveillance program), concrete containment tendon

prestress, metal fatigue, EQ of electrical equipment, metal corrosion

allowance, inservice flaw growth analyses that demonstrate structural

stability for 40 years, inservice local metal containment corrosion

analyses, and high-energy line-break postulation based on fatigue

cumulative usage factor.

(ii) Exemptions

The current license renewal rule requires that an applicant for

license renewal provide a list of all plant-specific exemptions granted

under 10 CFR 50.12. For exemptions that were either granted on the

basis of an assumed service life or a period of operation bounded by

the original license term of the facility or otherwise related to

systems, structures, or components subject to ARDUTLR, an evaluation

that justifies the continuation of the exemptions for the renewal term

must be provided.

With the deletion of the definition of ARDUTLR and the

corresponding addition of a separate time-limited aging analysis

section, the Commission proposes to include this exemption review with

the separate time-limited aging analyses Section (Sec. 54.21(c)). These

changes are consistent with the Commission's intent to review

exemptions based on time-limited aging analyses under the current rule.

h. Standards for Issuance of a Renewed License and the Scope of

Hearings

Section 54.29 of the current license renewal rule provides that the

Commission may issue a renewed license if--

(1) Actions have been identified and have been or will be taken

with respect to age-related degradation unique to license renewal so

that there is reasonable assurance that operation in the period of

extended operation would be conducted in accordance with the plant's

CLB. This necessarily includes compliance with the Atomic Energy Act of

1954 and the Commission's regulation as defined in Sec. 54.3);

(2) The applicable requirements of the Commission's environmental

requirements in 10 CFR Part 51 have been satisfied; and

(3) Any matters raised under 10 CFR 2.758 have been addressed as

required by that section.

Issues that are material to the findings in Sec. 54.29 of the

current rule, as well as matters approved by the Commission for hearing

under Sec. 2.758, were within the scope of a hearing on a renewed

license. The December 13, 1991, license renewal rule also modified

Sec. 2.758 to clarify that challenges to the license renewal rule in an

adjudicatory hearing on a renewal application would be considered by

the Commission only in the following limited circumstances:

(1) That there are special circumstances with respect to age-

related degradation unique to license renewal or environmental

protection so that application of either 10 CFR Part 54 or 10 CFR Part

51 would not serve the purpose for which these rules were intended; or

(2) Because of circumstances unique to the period of extended

operation, there would be noncompliance with the plant's CLB or

operation that is inimical to the public health and safety during the

period of extended operation.

The intent of these provisions was to clarify that safety and

environmental matters not unique to the period of extended operation

should not be the subject of the renewal application or the subject of

a hearing in a renewal proceeding absent specific Commission direction.

Rather, issues that represent a current problem for operation should be

addressed in accordance with the Commission's regulatory process and

procedures. Thus, a member of the public who believes that a current

problem exists with a license or a matter exists that is not adequately

addressed by current NRC regulations should either petition the NRC to

take appropriate action under Sec. 2.206 or petition the NRC to

institute rulemaking to address the issue under Sec. 2.802.

The Commission continues to believe that issues concerning

operation during the currently authorized term of operation should be

addressed as part of the current license rather than deferred until a

renewal review (which would not occur if the licensee chooses not to

renew its operating license). The Commission also proposes narrowing

the scope of structures and components which will require an aging

management review for the period of extended operation and

identification of time-limited aging analyses by the applicant as

requiring an evaluation. Accordingly, conforming changes in Sec. 54.29

are being proposed to reflect the refocused renewal review.

Specifically, Sec. 54.29 would be revised to delete the term ``age-

related degradation unique to license renewal,'' and substitute the

findings (required for consistency with the revised Sec. 54.21(a)(3)

and (c)) with respect to aging management review and time-limited aging

analyses evaluation for the period of extended operation. Furthermore,

Sec. 54.29 would be modified to make clear that aging issues discovered

during the renewal review for the structures and components that are

reviewed in Sec. 54.21(a)(3) and that raise questions about the

capability of these structures and components to perform their intended

function during the current term of operation must be addressed under

the current license, rather than as part of the renewal review.

Finally, Sec. 2.758 has similarly been revised to delete the terms

``age-related degradation unique to license renewal'' and ``unique to

the requested term.''

i. Regulatory and Administrative Controls

Certain regulatory and administrative controls in the current

license renewal rule were imposed to specify the circumstances and

requirements necessary to make changes relating to the determination

and management of ARDUTLR and the recordkeeping and reporting

requirements relating to the renewal application. In view of the

greater reliance on existing programs in the license renewal process,

as discussed in Section III.d of this SOC, the Commission has

determined that many of these requirements are no longer necessary.

Therefore, the Commission proposes to decrease the recordkeeping and

reporting burden on the applicant for license renewal in the level of

detail in the application, requirements for supplementing the FSAR, and

in recordkeeping requirements.

The Commission seeks to ensure that, in general, only the

information needed to make its safety determination is submitted to the

NRC for license renewal review and that regulatory controls imposed by

the license renewal rule are consistent with current regulatory

controls on similar information that may be developed by a licensee

during the current operating term.

(i) Controls on Technical Information in an Application

In Sec. 54.21, the current license renewal rule requires that an

application include a supplement to the FSAR that presents the

information required by this section. This information includes the IPA

lists of systems, structures, and components; justification for

assessment methods; and descriptions of programs to manage ARDUTLR.

The simplification of the IPA process (Section III.f of this SOC)

and the clarification of the concept of ARDUTLR (Section III.b of this

SOC) have resulted in a potential inconsistency regarding the treatment

of information associated with the IPA. The Commission has determined

that there is no need to include the entire IPA in an FSAR supplement

because only the information associated with the IPA regarding the

basis for determining that aging effects are managed in the period of

extended operation requires the additional regulatory oversight

afforded by placing the information in the FSAR. Therefore, only a

summary description of the programs and activities for managing the

effects of aging during the period of extended operation for those

structures and components requiring an aging management review need to

be included in the FSAR supplement. The IPA methodology and the list of

structures and components need not appear in an FSAR supplement.

However, this information will still be required in the application for

license renewal.

The Commission also proposes to eliminate Sec. 54.21(b) and

Sec. 54.21(d). These sections concern CLB changes associated with

ARDUTLR and plant modifications necessary to ensure that ARDUTLR is

adequately managed during the period of extended operation. The

Commission fully expects that relevant information concerning CLB

changes and plant modifications required to demonstrate that aging

effects for systems, structures, and components requiring an aging

management review for license renewal will be described in the

application for license renewal (proposed Secs. 54.21(a)(3) and (c)).

If a license renewal applicant or the Commission determines that CLB

changes or plant modifications form the basis for an IPA conclusion

regarding structures and components requiring an aging management

review, then an appropriate description of the CLB change or plant

modification must be included in the FSAR supplement and later changes

can be controlled by Sec. 50.59.

Section 54.21(c) of the current license renewal rule requires that

an applicant for license renewal submit (1) A list of all plant-

specific exemptions granted pursuant to 10 CFR 50.12 and each relief

granted pursuant to 10 CFR 50.55a and (2) an evaluation if the

exemption or relief is related to a system, structure, or component

that was subject to ARDUTLR or a time-limited function. These lists and

evaluations would be included in the supplement to the FSAR. At that

time, the Commission determined that these requirements were necessary

to make an independent assessment that all exemptions and reliefs had

been evaluated as part of the license renewal process. The Commission

determined that these requirements were important because they provided

a summary of the instances in the licensing basis for the period of

extended operation in which the staff determined that strict compliance

with existing regulatory requirements is not needed to ensure that the

public health and safety is adequately protected.

The Commission continues to believe that the rationale and basis

for requiring the information to be submitted are still valid for

exemptions. The Commission proposes to relocate the requirement to list

and evaluate certain exemptions to proposed Sec. 54.21(c) so that

exemptions can be considered a subset of time-limited aging issues and

the conclusions about exemptions can be explicitly considered in the

finding for license renewal.

However, consistent with the Commission's rationale for including

only a summary description of programs and activities in the FSAR

supplement, the Commission concludes that only a summary description of

the evaluation of time-limited aging analyses, including a summary of

the bases for exemptions that are based on time-limited aging analyses,

need to be included in the FSAR supplement. The Commission concludes

that no need exists to establish additional requirements that place the

list of exemptions or specific exemption evaluations into the FSAR

supplement. This information must still be contained in the application

for license renewal.

A relief from codes need not be evaluated as part of the license

renewal process. A relief granted pursuant to 10 CFR 50.55a is

specifically envisioned by the regulatory process. A relief expires

after a specified time interval (not to exceed 10 years) and a licensee

is required to rejustify the basis for the relief. At that time, the

NRC performs another review and may or may not grant the relief.

Because a relief is, in fact, an NRC-approved deviation from the codes

and subject to a periodic review, the Commission concludes that reliefs

are adequately managed by the current regulatory process and should not

require an aging management review and potential rejustification for

license renewal. Therefore, the Commission proposes to delete the

requirement to list and evaluate reliefs from Sec. 54.21(c).

(ii) Conditions of Renewed License

Section 54.33 requires that, upon renewal, a licensee maintain the

programs and procedures which are reviewed and approved by the NRC

staff who manage ARDUTLR. In addition, Sec. 54.33 establishes

requirements for making changes to previously approved programs and

procedures to manage ARDUTLR.

Considering the proposed amendments associated with the

clarification of the concept of ARDUTLR, the Commission will review

programs and procedures to manage the effects of aging for certain

systems, structures, and components. However, the Commission will not

approve specific programs and procedures as envisioned by the current

license renewal rule (e.g., effective programs). The Commission will

review programs and procedures described in the license renewal

application and determine whether these programs and procedures provide

reasonable assurance that the functionality of systems, structures, and

components requiring review will be maintained in the period of

extended operation. The license renewal review that would be conducted

under this proposed rule may consider all programs and activities to

manage the effects of aging that ensure functionality for these

systems, structures, and components. A summary description of the

programs and activities for managing the effects of aging for the

period of extended operation or evaluation of time-limited aging

analyses, as appropriate, for these systems, structures, and components

will be placed into the FSAR supplement. License conditions and

limitations determined to be necessary as part of the license renewal

review will continue to be required by the Commission in accordance

with Sec. 54.33(b).

The regulatory process will continue to ensure that proposed

changes to programs and activities that may affect descriptions in the

FSAR will receive adequate review by the licensee and, if appropriate,

by the NRC. Therefore, the Commission proposes to delete the

Sec. 54.33(d) requirements for making changes to previously approved

programs and procedures to manage ARDUTLR.

(iii) Additional Records and Recordkeeping Requirements

Section 54.37 currently requires that the periodic update required

by Sec. 50.71(e) do the following:

(1) Include any systems, structures, and components newly

identified as important to license renewal after the renewed license is

issued;

(2) Identify and provide justification for any systems, structures,

and components deleted from the list of systems, structures, and

components important to license renewal; and

(3) Describe how ARDUTLR will be managed for those newly identified

systems, structures, and components.

The Commission has determined that regulatory controls over

programs or activities credited during the IPA process should not have

additional regulatory oversight unless a program or activity is

determined to be necessary to address the effects of aging for the

period of extended operation. Therefore, the Commission proposes to

modify Sec. 54.37(b) to limit the information required in the FSAR

update. For newly identified systems, structures, and components that

would have required review for license renewal, the proposed

requirement for the periodic FSAR update will require that the licensee

describe how the effects of aging will be managed to ensure that the

systems, structures, and components perform their intended function

during the period of extended operation.

Section 54.37(c) currently requires that a licensee do the

following:

(1) Submit to the NRC at least annually a list of all changes made

to programs for management of ARDUTLR that do not decrease the

effectiveness of ``effective'' programs, with a summary of the

justification and

(2) Maintain documentation for any changes to ``effective''

programs that are determined not to reduce the effectiveness of the

program.

Under the proposed rule, the Commission would review aspects of

programs and procedures described in the license renewal application

and determine whether these programs and procedures will provide

reasonable assurance that the functionality of systems, structures, and

components requiring review will be maintained in the period of

extended operation. The license renewal review that would be conducted

under this proposed rule may consider all programs and activities that

manage the effects of aging and ensure functionality for these certain

systems, structures, and components. The current regulatory process,

existing licensee oversight activities, and the additional regulatory

controls associated with placing a description of activities to manage

the effects of aging into the FSAR are sufficient to ensure that

changes to programs that could decrease the overall effectiveness of

the programs to manage the effects of aging for the systems,

structures, and components requiring license renewal review will

receive appropriate review by the licensee. Therefore, the Commission

proposes to delete Sec. 54.37(c).

IV. Availability of Documents

Copies of all documents cited in the Supplementary Information

section are available for inspection and/or for reproduction for a fee

in the NRC Public Document Room, 2120 L Street N.W. (lower level),

Washington, DC 20555.

In addition, copies of NUREGs cited in this document may be

purchased from the Superintendent of Documents, U.S. Government

Printing Office, P.O. Box 37082, Washington, DC 20013-7082. Copies are

also available for purchase from the National Technical Information

Service, 5285 Port Royal Road, Springfield, VA 22161. The NUREGs can

also be accessed through the NRC electronic bulletin board system.

Details of how to use this system were published in the Federal

Register on November 25, 1992 (57 FR 55602).

V. Questions

Although the Commission invites public comments on all issues in

this proposed rule and statement of considerations, responses to the

following questions are particularly solicited:

Discussion. An aging management review is required for a small

subset of structures and components within the scope of license

renewal. As described in Section III.f, the Commission believes, based

upon current regulatory requirements and operating experience, that the

aging management review can be limited to ``passive,'' ``long-lived''

structures and components.

1. Should additional structures and components within the scope of

license renewal be explicitly required to receive an aging management

review?

2. If so, what would be the bases for requiring such additional

structures and components to be subject to an aging management review?

Discussion. The IPA in the proposed amendment to the license

renewal rule contains a process to narrow the focus of the aging

management review to encompass those structures and components that are

``long-lived'' and ``passive'' (see Sec. 54.21(a)(1) (i) and (ii)).

In SECY-94-140, the Commission considered the possibility that

redundant, long-lived, passive structures and components could be

generically excluded from an aging management review for license

renewal. The basis for this consideration was that redundancy is one

aspect of a defense-in-depth design philosophy that could provide

reasonable assurance that certain single failures would not render

systems, structures, or components incapable of performing their

intended function(s). The staff reasoned that although simultaneous

failures of redundant structures and components are hypothetically

possible, the physical variables and the differences in operational and

maintenance histories that will influence the incidence and rates of

aging degradation between otherwise identical structures and components

make simultaneous failures of redundant equipment unlikely. In

addition, existing programs and requirements (i.e., maintenance rule

and 10 CFR Part 50, Appendix B) would result in activities to determine

the root causes for failures and mitigate future occurrences of them.

On further consideration, however, the Commission has recognized

that since it cannot generically determine that all licensees have

processes, programs, or procedures in place for the timely detection of

degraded conditions due to aging during the extended period of

operation for passive, long-lived structures and components, the

potential exists for reduced reliability and failure of redundant,

long-lived, passive structures and components. If the condition of

these structures and components were degraded below their CLB (i.e.,

design bases, including seismic design), without detection and

corrective action, a failure of redundant, passive structures and

components is possible given, for example, the occurrence of a design

basis seismic event, such that the system may not be able to perform

its intended functions. Therefore, without readily monitorable

performance and/or condition characteristics to reveal degradation that

exceeds CLB levels (as in the case of passive, long-lived structures

and components) the Commission believes it inappropriate to permit

generic exclusion of redundant, long-lived, passive structures and

components. If, however, an applicant, in the site-specific renewal

application, can demonstrate that their facility has specific programs

or processes in place to detect ongoing degradation such that failure

of redundant, long-lived, passive structures and components is avoided,

the Commission may be able to credit such programs and allow redundant,

long-lived, passive structures and components to be excluded from

further aging management review.

3. Is there additional information for the Commission to consider

that would satisfy the Commission's concern relative to the detection

of degradation in redundant, long-lived, passive structures and

components such that failures that might result in loss of system

function are unlikely, and to warrant a generic exclusion?

Discussion. The Commission concluded in the SOC for the current

license renewal rule (56 FR 64963; December 13, 1991) that 20 years of

operational and regulatory experience provides a licensee with

substantial amounts of information and would disclose any plant-

specific concerns with regard to age-related degradation. In addition,

a license renewal decision with approximately 20 years remaining on the

operating license would be reasonable considering the estimated time

necessary for utilities to plan for replacement of retired nuclear

power plants. One utility has recently indicated that decisions

regarding license renewal made earlier in the current license term may

create substantial current-day economic advantages while still

providing sufficient plant-specific history. This utility suggested

that the earliest date for filing a license renewal application be

changed so that a license renewal application can be submitted earlier

than 20 years before expiration of the existing operating license. The

term of the renewed license would still be limited to 40 years.

4. Is there a sufficient plant-specific history before 20 years of

operation as specified in the current rule that provides reasonable

assurance that aging concerns would be identified? If not, can reliance

on industry-wide experience be used as a basis for considering an

application for license renewal before 20 years of operation? What

should be the earliest time an applicant can apply for a renewed

license?

5. What additional safety, environmental, or economic benefits or

concerns, if any, would result from a decision about license renewal

made before the 20th year of current plant operation?

VI. Finding of No Significant Environmental Impact: Availability

A draft environmental assessment (EA) for this proposed rule has

been prepared pursuant to the National Environmental Policy Act (NEPA),

the regulations issued by the Council on Environmental Quality (40 CFR

1500-1508), and the NRC's regulations (10 CFR Part 51). Under NEPA and

the NRC's regulations, the Commission must consider, as an integral

part of its decisionmaking process on the proposed action, the expected

environmental impacts of promulgating the proposed rule and the

reasonable alternatives to the action. The NRC concludes that

promulgation of the proposed rule would not significantly affect the

environment and therefore a full environmental impact statement is not

required and a finding of no significant impact (FONSI), can be made.

The basis for these conclusions and the finding are summarized below.

The EA and FONSI are issued as drafts, and public comments are being

solicited. The draft EA and FONSI are available in the NRC Public

Document Room, 2120 L Street N.W. (lower level), Washington, DC.

The NRC staff previously assessed the environmental impacts from

promulgation of the current license renewal rule in NUREG-1398,

``Environmental Assessment for the Final Rule on Nuclear Power Plant

License Renewal.'' In this assessment, the NRC staff concluded that the

promulgation of 10 CFR Part 54 will have no significant impact on the

environment. With this assessment as a baseline, the NRC staff's

approach for assessing the environmental impact of the proposed

amendment centered on analyzing any differences in the expected rule-

related actions of the current rule compared to those under the

proposed amendment.

The requirements for a renewed license under both the current rule

and the proposed amendment are similar. Both approaches could result in

the operation of plants up to 20 years beyond the expiration of the

initial license. An emphasis would be placed on certain systems,

structures, and components undergoing a specific aging management

review to provide assurance that the effects of aging are adequately

managed, ensuring functionality during the period of extended

operation. Under both approaches, license renewal applicants must

screen plant systems, structures, and components through an IPA to

determine which systems, structures, and components will be subject to

a license renewal review and then determine whether additional programs

are required to manage the effects of aging so that the intended

function(s) is maintained. The principal differences between the

proposed action and the current rule is in (1) the screening of

systems, structures, and components to identify those that must undergo

a specific aging management review and (2) the form of this aging

management review.

Under the screening of systems, structures, and components that

must be further reviewed, the proposed amendment effectively narrows

the scope of systems, structures, and components subject to an aging

management review. In general, the current rule contains a definition

of ARDUTLR that would cause many systems, structures, and components to

require further aging management review but would allow existing

licensee programs and activities (including the maintenance rule) to

serve as a basis for concluding that ARDUTLR will be adequately managed

in the period of extended operation. The proposed amendment would

retain the screening of systems, structures, and components but would

reduce the scope of systems, structures, and components requiring

review to a narrowly defined group based on an NRC determination in

this rulemaking of the effectiveness of current licensee programs and

NRC requirements that will continue into the period of extended

operation. Because the proposed amendment has essentially the same

results with respect to management of aging effects in the period of

extended operation as the current rule, but provides a more efficient

process to achieve these results, the environmental impacts of the

proposed amendment would be similar to those under the current rule.

With respect to the form of the aging management review, the

proposed rule would establish a clear focus on managing the

functionality of systems, structures, and components in the face of

detrimental aging effects as opposed to identification and mitigation

of aging mechanisms. The Commission has concluded that the focus on

identification of aging mechanisms is not necessary because regardless

of the aging mechanism, only those that lead to degraded component

performance or condition (i.e., potential loss of functionality) are of

concern. Therefore, the Commission has concluded that an aging

management review that seeks to ensure a component's functionality is a

more efficient and appropriate review. This change only improves the

efficiency of the licensee's aging management review. Therefore, the

environmental impacts would be similar to those under the current rule.

The ultimate licensee actions to manage aging in the renewal term

under the proposed rule are expected to be similar to those under the

current rule. However, the required aging management activities will be

arrived at more efficiently under the proposed rule. Therefore, the

environmental impact of relicensing under the proposed rule would be

similar to that for relicensing under the current rule. It should be

noted, however, that under the proposed rule an applicant need not

include a projection of future aging effects and any corresponding

mitigation activities (major refurbishment or other plant changes) for

the renewal period. Instead, the focus is on assuring that programs are

in place to identify and mitigate aging effects as they occur. As a

result, this environmental assessment was limited to licensee

activities required to put in place any relevant aging management

programs rather than a review of any future mitigation activities that

may be required under these programs.

VII. Paperwork Reduction Act Statement

This proposed rule amends information collection requirements

subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et

seq.). This rule has been submitted to the Office of Management and

Budget for review and approval of the information collection

requirements.

The public reporting burden for this collection of information is

estimated to average 94,000 hours per response, including the time for

reviewing instructions, searching existing data sources, gathering and

maintaining the data needed, and completing and reviewing the

collection of information. Send comments regarding this burden estimate

or any other aspect of this collection of information, including

suggestions for reducing this burden, to the Information and Records

Management Branch (T6 F33), U.S. Nuclear Regulatory Commission,

Washington, DC 20555-0001; and to the Desk Officer, Office of

Information and Regulatory Affairs, NEOB-3019, (3150-0155), Office of

Management and Budget, Washington, DC 20503.

VIII. Regulatory Analysis

The NRC has prepared a regulatory analysis of the values and

impacts of the proposed rule and of a set of significant alternatives.

The regulatory analysis has been placed in the Commission's public

document room for review by interested members of the public. A summary

of the findings and conclusion of the regulatory analysis are discussed

below.

The specific objective of the proposed rule is to clarify the

Commission's requirements for license renewal by providing greater

reliance on the maintenance rule and other existing licensee activities

and programs for purposes of license renewal.

The NRC staff has defined and evaluated a set of specific

alternatives that cover a range of activities that would meet the

objective. The alternatives were evaluated and compared in the

regulatory analysis. The results of the regulatory analysis are

summarized as follows:

Alternative 1: Implement existing rule using SECY-93-049 and SECY-

93-113 as guidance.

Alternative 1 (the existing rule) requires an integrated plant

assessment (IPA), which consists of screening plant systems,

structures, and components that are important to license renewal

(ITLR), identifying those structures and components that could be

subject to age-related degradation unique to license renewal (ARDUTLR),

and demonstrating that ARDUTLR would be managed during the period of

extended operation. Systems, structures, and components with an aging

assessment based on time-limited analyses corresponding to the current

operating term (40 years) would be treated as having ARDUTLR. The IPA

would be included in a FSAR supplement.

The existing rule requires the greatest expenditures for license

renewal because it is not explicit regarding reliance on the

maintenance rule and other existing licensee activities and programs

for purposes of license renewal. The regulatory analysis of the

existing rule was published in NUREG-1362 (December 1991).

Alternative 2: Amend the existing rule to focus on long-lived,

passive structures and components and systems, structures, and

components with time-limited analyses according to SECY-93-331 and the

Commission's staff requirements memorandum (SRM) dated February 2,

1994.

Alternative 2 would contain an IPA framework similar to the

existing rule but would be simplified, including the elimination of the

terms ARDUTLR and ITLR. Most systems, structures, and components

subject to the maintenance rule or other existing programs would

require no further evaluation for license renewal. The focus of

Alterative 2 is on long-lived, passive structures and components and

those systems, structures, and components with time-limited aging

analyses. Although the IPA would be a part of the application,

Alternative 2 would only require that the results and conclusions of

the IPA be included in an FSAR supplement.

This alternative would require fewer expenditures for license

renewal and achieve a similar reduction in risk to the public health,

as does the existing rule. The Commission has identified the focus of

license renewal, that is, long-lived, passive structures and components

and systems, structures, and components with time-limited aging

analyses. The Commission has decided that other systems, structures,

and components would continue to be managed by the current regulatory

process, including the maintenance rule and existing programs and

require no further evaluation for license renewal.

Alternative 3: Amend the existing rule to focus on systems,

structures, and components with time-limited analyses according to the

NRC staff's ``Option 4'' discussed at the license renewal workshop (58

FR 42987; August 12, 1992).

Alternative 3 would rely on the current regulatory process,

including the maintenance rule and other existing programs, to address

aging. Alternative 3 would only require a reevaluation of aging based

on time-limited analyses corresponding to 40 years. An extension of

these analyses to the end of the period of extended operation, for

example, 60 years, would be required. An IPA is not required and the

existing FSAR updating requirements apply when a time-limited analysis

described in the FSAR is revised.

This alternative would require the lowest renewal expenditures.

Aging management of systems, structures, and components, except for

those addressed by time-limited analyses, would be addressed by the

current regulatory process. Alternative 3 has a potential increase in

accident risk when compared with the existing rule. The risk increase

results from the NRC staff's conservative assumption that aging

management activities in response to future regulatory actions

regarding long-lived, passive portions of systems, structures, and

components are not included in the averted risk estimate for the period

of extended operation. Although the NRC staff believes that the current

regulatory process could address aging effects of systems, structures,

and components during the period of extended operation, the extent of

these future activities has not been determined.

Alternative 2 was chosen as the preferred alternative by the

Commission. The reliance on the maintenance rule and other existing

licensee activities and programs for purposes of license renewal, which

is absent from Alternative 1, directly focuses on systems, structures,

and components subject to license renewal review. The systematic aging

assessment, which is absent from Alternative 3, is warranted for the

period of extended operation because of the importance of long-lived,

passive structures and components. Alternative 2 shows a significant

positive net value while maintaining a similar level of public health

and safety to the existing rule. An approach similar to Alternative 2,

but retaining the term ARDUTLR, was endorsed by industry organizations

that are actively involved in license renewal activities.

As future regulatory actions are implemented, the associated aging

management activities could be considered for managing the effects of

aging during the period of extended operation. If the Commission

decides that the specific regulatory actions are adequate in

maintaining the function of systems, structures, or components during

the period of extended operation, the Commission may amend 10 CFR Part

54 to exclude that particular system, structure, or component from

evaluation in a renewal application.

IX. Regulatory Flexibility Act Certification

As required by the Regulatory Flexibility Act of 1980, (5 U.S.C.

605 (b)), the Commission certifies that this proposed rule, if adopted,

would not have a significant economic impact upon a substantial number

of small entities. The proposed rule sets forth the application

procedures and the technical requirements for renewed operating

licenses for nuclear power plants. Nuclear power plant licensees do not

fall within the definition of small businesses as defined in Section 3

of the Small Business Act, 15 U.S.C., 632, the Small Business Size

Standards of the Small Business Administration (13 CFR Part 121), or

the Commission's Size Standards (56 FR 56671; November 6, 1991).

Therefore, this proposed rule does not fall within the purview of the

Act.

X. Non-Applicability of the Backfit Rule

This proposed rule, like the original license renewal rule,

addresses the procedural and technical requirements for obtaining a

renewed operating license for nuclear power plants. Although the

proposed amendment constitutes a change to an existing regulation, the

NRC has determined that the backfit rule, 10 CFR 50.109, does not apply

because the proposed amendment only affects prospective applicants for

license renewal. The primary impetus for the backfit rule was

``regulatory stability.'' Once the Commission decides to issue a

license, the terms and conditions for operating under that license

would not be changed arbitrarily post hoc. As the Commission expressed

in the preamble for 10 CFR Part 52, which prospectively changed the

requirements for receiving design certifications, the backfit rule--

[W]as not intended to apply to every regulatory action which

changes settled expectations. Clearly, the backfit rule would not

apply to a rule which imposed more stringent requirements on all

future applicants for construction permits, even though such a rule

might arguably have an adverse impact on a person who was

considering applying for a permit but had not done so yet. In this

latter case, the backfit rule protects the construction permit

holder, but not the perspective applicant, or even the present

applicant. (54 FR 15385-86; April 18, 1989).

Regulatory stability is not a relevant issue with respect to this

proposed rule. There are no licensees currently holding renewed nuclear

power plant operating licenses who would be affected by this rule. No

applications for license renewal have been docketed. It is also

unlikely that any license renewal application will be submitted before

the proposed rule becomes effective because of implementation

difficulties with the existing 10 CFR Part 54 rule. Consequently, there

are no valid licensee or applicant expectations that may be changed

regarding the terms and conditions for obtaining a renewed operating

license. Accordingly, this proposed rule does not constitute a

``backfit'' as defined in 10 CFR 50.109(a)(1).

Furthermore, one reason the Commission is proposing to amend 10 CFR

Part 54 is because of the concerns of nuclear power plant licensees who

are dissatisfied with the current requirements in 10 CFR Part 54 and

have urged the Commission to modify the rule to address their concerns.

Under this circumstance, the policy objective of the backfit rule would

not be served by undertaking a backfit analysis. Regulatory and

technical alternatives for addressing the concerns with the current 10

CFR Part 54 are being analyzed and considered in the regulatory

analysis that has been prepared for this proposed rule. Preparation of

a separate backfit statement would not provide any substantial

additional benefit.

Therefore, the Commission has determined that a backfit analysis

pursuant to 10 CFR 50.109 need not be prepared for this proposed rule.

List of Subjects

10 CFR Part 2

Administrative practice and procedure, Antitrust, Byproduct

material, Classified information, Environmental protection, Nuclear

materials, Nuclear power plants and reactors, Penalties, Sex

discrimination, Source material, Special nuclear material, Waste

treatment and disposal.

10 CFR Part 51

Administrative practice and procedure, Environmental impact

statement, Nuclear materials, Nuclear power plants and reactors,

Reporting and recordkeeping requirements.

10 CFR Part 54

Administrative practice and procedure, Aging, Effects of aging,

Time-limited aging analyses, Backfitting, Classified information,

Criminal penalties, Environmental protection, Nuclear power plants and

reactors, Reporting and recordkeeping requirements.

For the reasons set out in the preamble and under the authority of

the Atomic Energy Act of 1954, as amended, the Energy Reorganization

Act of 1974, as amended, and 5 U.S.C. 552 and 553, the Commission is

proposing to adopt the following amendments to 10 CFR Parts 2, 51, and

54.

PART 2--RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS

1. The authority citation for Part 2 is revised to read as follows:

Authority: Secs. 161, 181, 68 Stat. 948, 953, as amended (42

U.S.C. 2201, 2231); sec. 191, as amended, Pub. L. 87-615, 76 Stat.

409 (42 U.S.C. 2241); sec. 201, 88 Stat. 1242, as amended (42 U.S.C.

5841); 5 U.S.C. 552.

Section 2.101 also issued under secs. 53, 62, 63, 81, 103, 104,

105, 68 Stat. 930, 932, 933, 935, 936, 937, 938, as amended (42

U.S.C. 2073, 2092, 2093, 2111, 2133, 2134, 2135); sec. 114(f), Pub.

L. 97-425, 96 Stat. 2213, as amended (42 U.S.C. 10134(f)); sec. 102,

Pub. L. 91-190, 83 Stat. 853, as amended (42 U.S.C. 4332); sec. 301,

88 Stat. 1248 (42 U.S.C. 5871). Sections 2.102, 2.103, 2.104, 2.105,

2.721 also issued under secs. 102, 103, 104, 105, 183, 189, 68 Stat.

936, 937, 938, 954, 955, as amended (42 U.S.C. 2132, 2133, 2134,

2135, 2233, 2239). Section 2.105 also issued under Pub. L. 97-415,

96 Stat. 2073 (42 U.S.C. 2239). Sections 2.200-2.206 also issued

under secs. 161b, i, o, 182, 186, 234, 68 Stat. 948-951, 955, 83

Stat. 444, as amended (42 U.S.C. 2201(b), (i), (o), 2236, 2282);

sec. 206, 88 Stat. 1246 (42 U.S.C. 5846). Sections 2.600-2.606 also

issued under sec. 102, Pub. L. 91-190, 83 Stat. 853, as amended (42

U.S.C. 4332). Sections 2.700a, 2.719 also issued under 5 U.S.C. 554.

Sections 2.754, 2.760, 2.770, 2.780, also issued under 5 U.S.C. 557.

Section 2.764 and Table 1A of Appendix C are also issued under secs.

135, 141, Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155,

10161). Section 2.790 also issued under sec. 103, 68 Stat. 936, as

amended (42 U.S.C. 2133) and 5 U.S.C. 552. Sections 2.800 and 2.808

also issued under 5 U.S.C. 553. Section 2.809 also issued under 5

U.S.C. 553 and sec. 29, Pub. L. 85-256, 71 Stat. 579, as amended (42

U.S.C. 2039). Subpart K also issued under sec. 189, 68 Stat. 955 (42

U.S.C. 2239); sec. 134, Pub. L. 97-425, 96 Stat. 2230 (42 U.S.C.

10154). Subpart L also issued under sec. 189, 68 Stat. 955 (42

U.S.C. 2239). Appendix A also issued under sec. 6, Pub. L. 91-560,

84 Stat. 1473 (42 U.S.C. 2135). Appendix B also issued under sec.

10, Pub. L. 99-240, 99 Stat. 1842 (42 U.S.C. 2021b et seq.).

2. In Sec. 2.758, paragraphs (b) and (e) are revised to read as

follows:

Sec. 2.758 Consideration of Commission rules and regulations in

adjudicatory proceedings.

* * * * *

(b) A party to an adjudicatory proceeding involving initial or

renewal licensing subject to this subpart may petition that the

application of a specified Commission rule or regulation or any

provision thereof, of the type described in paragraph (a) of this

section, be waived or an exception made for the particular proceeding.

The sole ground for petition for waiver or exception shall be that

special circumstances with respect to the subject matter of the

particular proceeding are such that the application of the rule or

regulation (or provision thereof) would not serve the purposes for

which the rule or regulation was adopted. The petition shall be

accompanied by an affidavit that identifies the specific aspect or

aspects of the subject matter of the proceeding as to which the

application of the rule or regulation (or provision thereof) would not

serve the purposes for which the rule or regulation was adopted, and

shall set forth with particularity the special circumstances alleged to

justify the waiver or exception requested. Any other party may file a

response thereto, by counteraffidavit or otherwise.

* * * * *

(e) Whether or not the procedure in paragraph (b) of this section

is available, a party to an initial or renewal licensing proceeding may

file a petition for rulemaking pursuant to Sec. 2.802.

PART 51--ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC

LICENSING AND RELATED REGULATORY FUNCTIONS

3. The authority citation for Part 51 continues to read as follows:

Authority: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201);

secs. 201, as amended, 202, 88 Stat. 1242, as amended, 1244 (42

U.S.C. 5841, 5842). Subpart A also issued under National

Environmental Policy Act of 1969, secs. 102, 104, 105, 83 Stat. 853-

854, as amended (42 U.S.C. 4332, 4334, 4335); and Pub. L. 95-604,

Title II, 92 Stat. 3033-3041; and sec. 193, Pub. L. 101-575, 104

Stat. 2835 42 U.S.C. 2243). Sections 51.20, 51.30, 51.60, 51.61,

51.80, and 51.97 also issued under secs. 135, 141, Pub. L. 97-425,

96 Stat. 2232, 2241, and sec. 148, Pub. L. 100-203, 101 Stat. 1330-

223 (42 U.S.C. 10155, 10161, 10168). Section 51.22 also issued under

sec. 274, 73 Stat. 688, as amended by 92 Stat. 3036-3038 (42 U.S.C.

2021) and under Nuclear Waste Policy Act of 1982, sec. 121, 96 Stat.

2228 (42 U.S.C. 10141). Sections 51.43, 51.67, and 51.109 also under

Nuclear Waste Policy Act of 1982, sec. 114(f), 96 Stat. 2216, as

amended (42 U.S.C. 10134(f)).

4. In Sec. 51.22, paragraph (c)(3) is revised to read as follows:

Sec. 51.22 Criterion for categorical exclusion; identification of

licensing and regulatory actions eligible for categorical exclusion or

otherwise not requiring environmental review.

* * * * *

(c) * * *

(3) Amendments to Parts 20, 30, 31, 32, 33, 34, 35, 39, 40, 50, 51,

54, 60, 61, 70, 71, 72, 73, 74, 81 and 100 of this chapter which relate

to--

(i) Procedures for filing and reviewing applications for licenses

or construction permits or other forms of permission or for amendments

to or renewals of licenses or construction permits or other forms of

permission;

(ii) Recordkeeping requirements; or

(iii) Reporting requirements; and

(iv) Actions on petitions for rulemaking relating to these

amendments.

* * * * *

5. Part 54 is revised to read as follows:

PART 54--REQUIREMENTS FOR RENEWAL OF OPERATING LICENSES FOR NUCLEAR

POWER PLANTS

General Provisions

Sec.

54.1 Purpose.

54.3 Definitions.

54.4 Scope.

54.5 Interpretations.

54.7 Written communications.

54.9 Information collection requirements: OMB approval.

54.11 Public inspection of applications.

54.13 Completeness and accuracy of information.

54.15 Specific exemptions.

54.17 Filing of application.

54.19 Contents of application--general information.

54.21 Contents of application--technical information.

54.22 Contents of application--technical specifications.

54.23 Contents of application--environmental information.

54.25 Report of the Advisory Committee on Reactor Safeguards.

54.27 Hearings.

54.29 Standards for issuance of a renewed license.

54.31 Issuance of a renewed license.

54.33 Continuation of CLB and conditions of renewed license.

54.35 Requirements during term of renewed license.

54.37 Additional records and recordkeeping requirements.

54.41 Violations.

54.43 Criminal penalties.

Authority: Secs. 102, 103, 104, 161, 181, 182, 183, 186, 189, 68

Stat. 936, 937, 938, 948, 953, 954, 955, as amended, sec. 234, 83

Stat. 1244, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2201,

2232, 2233, 2236, 2239, 2282); secs. 201, 202, 206, 88 Stat. 1242,

1244, as amended (42 U.S.C. 5841, 5842).

Sec. 54.1 Purpose.

This part governs the issuance of renewed operating licenses for

nuclear power plants licensed pursuant to Sections 103 or 104b of the

Atomic Energy Act of 1954, as amended (68 Stat. 919), and Title II of

the Energy Reorganization Act of 1974 (88 Stat. 1242).

Sec. 54.3 Definitions.

(a) As used in this part,

Current licensing basis (CLB) is the set of NRC requirements

applicable to a specific plant and a licensee's written commitments for

ensuring compliance with and operation within applicable NRC

requirements and the plant-specific design basis (including all

modifications and additions to such commitments over the life of the

license) that are docketed and in effect. The CLB includes the NRC

regulations contained in 10 CFR parts 2, 19, 20, 21, 26, 30, 40, 50,

51, 54, 55, 70, 72, 73, 100 and appendices thereto; orders; license

conditions; exemptions; and technical specifications. It also includes

the plant-specific design-basis information defined in 10 CFR 50.2 as

documented in the most recent final safety analysis report (FSAR) as

required by 10 CFR 50.71 and the licensee's commitments remaining in

effect that were made in docketed licensing correspondence such as

licensee responses to NRC bulletins, generic letters, and enforcement

actions, as well as licensee commitments documented in NRC safety

evaluations or licensee event reports.

Integrated plant assessment (IPA) is a licensee assessment that

demonstrates that a nuclear power plant facility's structures and

components requiring aging management review in accordance with

Sec. 54.21(a) for license renewal have been identified and that the

effects of aging on the functionality of such structures and components

will be managed to maintain the CLB such that there is an acceptable

level of safety during the period of extended operation.

Nuclear power plant means a nuclear power facility of a type

described in 10 CFR 50.21(b) or 50.22.

Time-limited aging analyses, for the purposes of this part, are

those licensee calculations and analyses that form the basis for a

licensee conclusion regarding the capability of systems, structures,

and components within the scope of this part to perform their intended

function(s) that--

(1) Consider the effects of aging; and

(2) Are based on explicit assumptions defined by the current

operating term of the plant.

(b) All other terms in this part have the same meanings as set out

in 10 CFR 50.2 or Section 11 of the Atomic Energy Act, as applicable.

Sec. 54.4 Scope.

(a) Plant systems, structures, and components within the scope of

this part are:

(1) Safety-related systems, structures, and components which are

those relied upon to remain functional during and following design-

basis events (as defined in 10 CFR 50.49 (b)(1)) to ensure the

following functions--

(i) The integrity of the reactor coolant pressure boundary;

(ii) The capability to shut down the reactor and maintain it in a

safe shutdown condition; or

(iii) The capability to prevent or mitigate the consequences of

accidents that could result in potential offsite exposure comparable to

the 10 CFR Part 100 guidelines.

(2) All nonsafety-related systems, structures, and components whose

failure could prevent satisfactory accomplishment of any of the

functions identified in paragraphs (a)(1) (i), (ii), or (iii) of this

section.

(3) All systems, structures, and components relied on in safety

analyses or plant evaluations to perform a function that demonstrates

compliance with the Commission's regulations for fire protection (10

CFR 50.48), environmental qualification (10 CFR 50.49), pressurized

thermal shock (10 CFR 50.61), anticipated transients without scram (10

CFR 50.62), and station blackout (10 CFR 50.63).

(b) The intended functions that these systems, structures, and

components must be shown to fulfill in Sec. 54.21 are those functions

that are the bases for including them within the scope of license

renewal as specified in paragraphs (a) (1) through (3) of this section.

Sec. 54.5 Interpretations.

Except as specifically authorized by the Commission in writing, no

interpretation of the meaning of the regulations in this part by any

officer or employee of the Commission other than a written

interpretation by the General Counsel will be recognized to be binding

upon the Commission.

Sec. 54.7 Written communications.

All applications, correspondence, reports, and other written

communications shall be filed in accordance with applicable portions of

10 CFR 50.4.

Sec. 54.9 Information collection requirements: OMB approval.

(a) The Nuclear Regulatory Commission has submitted the information

collection requirements contained in this part to the Office of

Management and Budget (OMB) for approval as required by the Paperwork

Reduction Act of 1980 (44 U.S.C. 3501 et seq.). OMB has approved the

information collection requirements contained in this part under

control number XXXX-XXXX.

(b) The approved information collection requirements contained in

this part appear in Secs. 54.13, 54.17, 54.19, 54.21, 54.22, 54.23, and

54.37.

Sec. 54.11 Public inspection of applications.

Applications and documents submitted to the Commission in

connection with renewal applications may be made available for public

inspection in accordance with the provisions of the regulations

contained in 10 CFR Part 2.

Sec. 54.13 Completeness and accuracy of information.

(a) Information provided to the Commission by an applicant for a

renewed license or information required by statute or by the

Commission's regulations, orders, or license conditions to be

maintained by the applicant must be complete and accurate in all

material respects.

(b) Each applicant shall notify the Commission of information

identified by the applicant as having for the regulated activity a

significant implication for public health and safety or common defense

and security. An applicant violates this paragraph only if the

applicant fails to notify the Commission of information that the

applicant has identified as having a significant implication for public

health and safety or common defense and security. Notification must be

provided to the Administrator of the appropriate regional office within

2 working days of identifying the information. This requirement is not

applicable to information that is already required to be provided to

the Commission by other reporting or updating requirements.

Sec. 54.15 Specific exemptions.

Exemptions from the requirements of this part may be granted by the

Commission in accordance with 10 CFR 50.12.

Sec. 54.17 Filing of application.

(a) The filing of an application for a renewed license must be in

accordance with Subpart A of 10 CFR Part 2 and 10 CFR 50.4 and 50.30.

(b) Any person who is a citizen, national, or agent of a foreign

country, or any corporation, or other entity which the Commission knows

or has reason to know is owned, controlled, or dominated by an alien, a

foreign corporation, or a foreign government, is ineligible to apply

for and obtain a renewed license.

(c) An application for a renewed license may not be submitted to

the Commission earlier than 20 years before the expiration of the

operating license currently in effect.

(d) An applicant may combine an application for a renewed license

with applications for other kinds of licenses.

(e) An application may incorporate by reference information

contained in previous applications for licenses or license amendments,

statements, correspondence, or reports filed with the Commission,

provided that the references are clear and specific.

(f) If the application contains Restricted Data or other defense

information, it must be prepared in such a manner that all Restricted

Data and other defense information are separated from unclassified

information in accordance with 10 CFR 50.33(j).

(g) As part of its application and in any event prior to the

receipt of Restricted Data or the issuance of a renewed license, the

applicant shall agree in writing that it will not permit any individual

to have access to Restricted Data until an investigation is made and

reported to the Commission on the character, association, and loyalty

of the individual and the Commission shall have determined that

permitting such persons to have access to Restricted Data will not

endanger the common defense and security. The agreement of the

applicant in this regard is part of the renewed license, whether so

stated or not.

Sec. 54.19 Contents of application--general information.

(a) Each application must provide the information specified in 10

CFR 50.33(a) through (e), (h), and (i). Alternatively, the application

may incorporate by reference other documents that provide the

information required by this section.

(b) Each application must include conforming changes to the

standard indemnity agreement, 10 CFR 140.92, Appendix B, to account for

the expiration term of the proposed renewed license.

Sec. 54.21 Contents of application--technical information.

Each application must contain the following information:

(a) An integrated plant assessment (IPA). The IPA must:

(1) For those systems, structures, and components within the scope

of this part, as delineated in Sec. 54.4, identify and list those

structures and components subject to an aging management review.

Structures and components subject to an aging management review shall

encompass those structures and components--

(i) That perform an intended function, as described in Sec. 54.4,

without moving parts or without a change in configuration or

properties. These structures and components include, but are not

limited to, pressure retaining boundaries, component supports, reactor

coolant pressure boundaries, the reactor vessel, core support

structures, containment, seismic Category I structures, electrical

cables and connections, and electrical penetrations, excluding, but not

limited to, pumps (except casing), valves (except body), motors,

batteries, relays, breakers, and transistors; and

(ii) That are not subject to replacement based on a qualified life

or specified time period.

(2) Describe and justify the methods used in paragraph (a)(1) of

this section.

(3) For each structure and component identified in paragraph (a)(1)

of this section, demonstrate that the effects of aging will be managed

so that the intended function(s) will be maintained for the period of

extended operation.

(b) CLB changes during NRC review of application. Each year

following submittal of the license renewal application and at least 3

months before scheduled completion of the NRC review, an amendment to

the renewal application must be submitted that identifies any change to

the CLB of the facility that materially affects the contents of the

license renewal application, including the FSAR supplement.

(c) An evaluation of time-limited aging analyses.

(1) A list of time-limited aging analyses, as defined in Sec. 54.3,

must be provided. The applicant shall demonstrate that--

(i) The analyses remain valid for the period of extended operation;

(ii) The analyses have been projected to the end of the period of

extended operation; or

(iii) The effects of aging on the intended function(s) will be

adequately managed for the period of extended operation.

(2) A list must be provided of all plant-specific exemptions

granted pursuant to 10 CFR 50.12. For exemptions that are based on

time-limited aging analyses as defined in Sec. 54.3, the applicant

shall provide an evaluation that justifies the continuation of these

exemptions for the period of extended operation.

(d) An FSAR supplement. The FSAR supplement for the facility must

contain a summary description of the programs and activities for

managing the effects of aging and the evaluation of time-limited aging

analyses for the period of extended operation determined by paragraphs

(a) and (c) of this section, respectively.

Sec. 54.22 Contents of application--technical specifications.

Each application must include any technical specification changes

or additions necessary to manage the effects of aging during the period

of extended operation as part of the renewal application. The technical

justification for these changes or additions must be contained in the

FSAR supplement submitted to support license renewal.

Sec. 54.23 Contents of application--environmental information.

Each application must include an environmental report that complies

with the requirements of Subpart A of 10 CFR Part 51.

Sec. 54.25 Report of the Advisory Committee on Reactor Safeguards.

Each renewal application will be referred to the Advisory Committee

on Reactor Safeguards for a review and report. Any report will be made

part of the record of the application and made available to the public,

except to the extent that security classification prevents disclosure.

Sec. 54.27 Hearings.

A notice of an opportunity for a hearing will be published in the

Federal Register in accordance with 10 CFR 2.105. In the absence of a

request for a hearing filed within 30 days by a person whose interest

may be affected, the Commission may issue a renewed operating license

without a hearing upon 30-day notice and publication once in the

Federal Register of its intent to do so.

Sec. 54.29 Standards for issuance of a renewed license.

(a) A renewed license may be issued by the Commission up to the

full term authorized by Sec. 54.31 based on the following findings:

(1)(i) Actions have been identified and have been or will be taken

with respect to--

(A) Managing the effects of aging during the period of extended

operation on the functionality of structures and components that have

been identified to require review in accordance with Sec. 54.21(a)(1);

and

(B) Evaluating time-limited aging analyses that have been

identified to require review in accordance with Sec. 54.21(c);

(ii) Such that there is reasonable assurance that the activities

authorized by the renewed license will continue to be conducted in

accordance with the CLB and that any changes made to the plant's CLB in

order to comply with this paragraph are otherwise in accord with the

Act and the Commission's regulations.

(2) Any applicable requirements of Subpart A of 10 CFR Part 51 have

been satisfied.

(3) Any matters raised under Sec. 2.758 have been addressed.

(b) The licensee shall comply with the requirements specified in

paragraph (c) of this section if the reviews required by Sec. 54.21

show that either:

(1) Aging will cause a loss of function of those structures or

components that are reviewed in Sec. 54.21(a)(3) so that there is not

reasonable assurance during the current license term that licensed

activities will be conducted in accordance with the CLB; or

(2) The time-limited aging analyses reviewed in Sec. 54.21(c) are

not sufficient to provide reasonable assurance during the current

license term that licensed activities will be conducted in accordance

with the CLB.

(c) As determined by paragraph (b) of this section, the licensee

shall take measures under its current license to ensure that the

intended function of those systems, structures, or components will be

maintained in accordance with the CLB throughout the term of the

current license. The adequacy of the measures for the term of the

current license shall not be subject to challenge as a part of the

renewal review or hearing under Part 54, but may be raised in a

petition filed under 10 CFR 2.206.

Sec. 54.31 Issuance of a renewed license.

(a) A renewed license will be of the class for which the operating

license currently in effect was issued.

(b) A renewed license will be issued for a fixed period of time,

which is the sum of the additional amount of time beyond the expiration

of the operating license (not to exceed 20 years) that is requested in

a renewal application plus the remaining number of years on the

operating license currently in effect. The term of any renewed license

may not exceed 40 years.

(c) A renewed license will become effective immediately upon its

issuance, thereby superseding the operating license previously in

effect. If a renewed license is subsequently set aside upon further

administrative or judicial appeal, the operating license previously in

effect will be reinstated unless its term has expired and the renewal

application was not filed in a timely manner.

(d) A renewed license may be subsequently renewed in accordance

with all applicable requirements.

Sec. 54.33 Continuation of CLB and conditions of renewed license.

(a) Whether stated therein or not, each renewed license will

contain and otherwise be subject to the conditions set forth in 10 CFR

50.54.

(b) Each renewed license will be issued in such form and contain

such conditions and limitations, including technical specifications, as

the Commission deems appropriate and necessary to help ensure that

systems, structures, and components subject to review in accordance

with Sec. 54.21 will continue to perform their intended functions for

the period of extended operation. In addition, the renewed license will

be issued in such form and contain such conditions and limitations as

the Commission deems appropriate and necessary to help ensure that

systems, structures, and components associated with any time-limited

aging analyses will continue to perform their intended functions for

the period of extended operation.

(c) Each renewed license will include those conditions to protect

the environment that were imposed pursuant to 10 CFR 50.36(b) and that

are part of the CLB for the facility at the time of issuance of the

renewed license. These conditions may be supplemented or amended as

necessary to protect the environment during the term of the renewed

license and will be derived from information contained in the

supplement to the environmental report submitted pursuant to 10 CFR

Part 51, as analyzed and evaluated in the NRC record of decision. The

conditions will identify the obligations of the licensee in the

environmental area, including, as appropriate, requirements for

reporting and recordkeeping of environmental data and any conditions

and monitoring requirements for the protection of the nonaquatic

environment.

(d) The licensing basis for the renewed license includes the CLB,

as defined in Sec. 54.3(a); the inclusion in the licensing basis of

matters such as licensee commitments does not change the legal status

of those matters unless specifically so ordered pursuant to paragraph

(b) or (c) of this section.

Sec. 54.35 Requirements during term of renewed license.

During the term of a renewed license, licensees shall be subject to

and shall continue to comply with all Commission regulations contained

in 10 CFR Parts 2, 19, 20, 21, 26, 30, 40, 50, 51, 54, 55, 70, 72, 73,

and 100, and the appendices to these parts that are applicable to

holders of operating licenses.

Sec. 54.37 Additional records and recordkeeping requirements.

(a) The licensee shall retain in an auditable and retrievable form

for the term of the renewed operating license all information and

documentation required by, or otherwise necessary to document

compliance with, the provisions of this part.

(b) After the renewed license is issued, the FSAR update required

by 10 CFR 50.71(e) must include any systems, structures, and components

newly identified that would have been subject to an aging management

review or evaluation of time-limited aging analyses in accordance with

Sec. 54.21. This FSAR update must describe how the effects of aging

will be managed such that the intended function(s) in Sec. 54.4(b) will

be effectively maintained during the period of extended operation.

Sec. 54.41 Violations.

(a) The Commission may obtain an injunction or other court order to

prevent a violation of the provisions of the following Acts:

(1) The Atomic Energy Act of 1954, as amended.

(2) Title II of the Energy Reorganization Act of 1974, as amended

or

(3) A regulation or order issued pursuant to those Acts.

(b) The Commission may obtain a court order for the payment of a

civil penalty imposed under section 234 of the Atomic Energy Act:

(1) For violations of the following--

(i) Sections 53, 57, 62, 63, 81, 82, 101, 103, 104, 107, or 109 of

the Atomic Energy Act of 1954, as amended;

(ii) Section 206 of the Energy Reorganization Act;

(iii) Any rule, regulation, or order issued pursuant to the

sections specified in paragraph (b)(1)(i) of this section;

(iv) Any term, condition, or limitation of any license issued under

the sections specified in paragraph (b)(1)(i) of this section.

(2) For any violation for which a license may be revoked under

Section 186 of the Atomic Energy Act of 1954, as amended.

Sec. 54.43 Criminal penalties.

(a) Section 223 of the Atomic Energy Act of 1954, as amended,

provides for criminal sanctions for willful violations of, attempted

violation of, or conspiracy to violate, any regulation issued under

sections 161b, 161i, or 161o of the Act. For purposes of section 223,

all the regulations in Part 54 are issued under one or more of sections

161b, 161i, or 161o, except for the sections listed in paragraph (b) of

this section.

(b) The regulations in Part 54 that are not issued under sections

161b, 161i, or 161o for the purposes of section 223 are as follows:

Secs. 54.1, 54.3, 54.4, 54.5, 54.7, 54.9, 54.11, 54.15, 54.17, 54.19,

54.21, 54.22, 54.23, 54.25, 54.27, 54.29, 54.31, 54.41, and 54.43.

Dated at Rockville, Maryland, this 1st day of September, 1994.

For the Nuclear Regulatory Commission.

John C. Hoyle,

Acting Secretary of the Commission.

[FR Doc. 94-22086 Filed 9-8-94; 8:45 am]

BILLING CODE 7590-01-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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