Codes and Standards; IEEE National Consensus Standard

NUCLEAR REGULATORY COMMISSION

10 CFR Part 50

RIN 3150-AF73

Codes and Standards; IEEE National Consensus Standard

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule.

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SUMMARY: The Nuclear Regulatory Commission is amending its regulations

to incorporate by reference IEEE Std. 603-1991, a national consensus

standard for power, instrumentation, and control portions of safety

systems in nuclear power plants. This action is necessary to endorse

the latest version of this national consensus standard in NRC's

regulations, and replace an IEEE standard currently endorsed in the

NRC's regulations which has been withdrawn by the IEEE.

EFFECTIVE DATE: The final rule is effective on January 1, 1998, unless

significant adverse comments are received by December 1, 1997. If the

effective date is delayed, timely notice will be published in the

Federal Register. The incorporation by reference of IEEE Std. 603-1991

is approved by the Director of the Federal Register as of January 1,

1998.

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

Commission, Washington, DC 20555-0001; Attention: Rulemakings and

Adjudications Staff. Hand deliver comments to 11555 Rockville Pike,

Rockville, Maryland, between 7:30 a.m. and 4:15 p.m. on Federal

workdays.

FOR FURTHER INFORMATION CONTACT: Satish K. Aggarwal, Senior Program

Manager, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory

Commission, Washington, DC 20555, Telephone (301) 415-6005, Fax (301)

415-5074 (e-mail: [email protected]).

SUPPLEMENTARY INFORMATION: NRC considers this rulemaking, which

endorses IEEE Std. 603-1991, to be noncontroversial because, as noted

in the background discussion, there was no adverse public comment on

the regulatory guide endorsing this standard. Accordingly, the

Commission finds that public notice and opportunity for comment are

unnecessary pursuant to 5 U.S.C. 553(b)(B). Thus, the Commission is

publishing this rule in final form without seeking public comments on

the amendment in a proposed rule. This action will become effective on

January 1, 1998. However, if the NRC receives significant adverse

comments by December 1, 1997, then the NRC will publish a document that

withdraws this action, and will address the comments received in

response to an identical proposed rule which is being concurrently

published in the proposed rules section of this Federal Register. Any

significant adverse comments will be addressed in a subsequent final

rule. The NRC will not initiate a second comment period on this action

in the event the direct final rule is withdrawn.

Background

In 10 CFR part 50, ``Domestic Licensing of Production and

Utilization Facilities,'' Sec. 50.55a requires that the protection

systems in nuclear power plants meet the requirements set forth in IEEE

Std. 279, ``Criteria for Protection Systems for Nuclear Power

Generating Stations,'' in effect on the formal docket date of the

application. However, IEEE Std. 279 is obsolete, has been withdrawn by

IEEE and has now been superseded by IEEE Std. 603-1991, ``Criteria for

Safety Systems for Nuclear Power Generating Stations.''

In November 1995, the NRC staff issued for public comment a draft

regulatory guide, DG-1042, which was proposed Revision 1 to Regulatory

Guide 1.153, ``Criteria for Safety Systems.'' This draft regulatory

guide proposed to endorse IEEE Std. 603-1991

[[Page 53933]]

(including the correction sheet dated January 30, 1995). Because there

were no adverse public comments to Revision 1 to Regulatory Guide

1.153, the Commission believes that there is general public consensus

that IEEE Std. 603-1991 provides acceptable criteria for safety systems

in nuclear power plants.

Discussion

The direct final rule incorporates a national consensus standard,

IEEE Std. 603-1991, for establishing minimal functional and design

requirements for power, instrumentation, and control portions of safety

systems for nuclear power plants into NRC regulations. This action is

consistent with the provisions of the National Technology Transfer and

Advancement Act of 1995, Pub. L. 104-113, which encourages Federal

regulatory agencies to consider adopting industry consensus standards

as an alternative to de novo agency development of standards affecting

an industry. This action is also consistent with the NRC policy of

evaluating the latest versions of national consensus standards in terms

of their suitability for endorsement by regulations or regulatory

guides.

Currently, 10 CFR 50.55 a(h) specifies that ``protection systems''

for plants with construction permits issued after January 1, 1971, must

meet the requirements in IEEE Std. 279 in effect on the formal docket

date of the application for a construction permit. IEEE Std. 279 states

that a ``protection system'' encompasses all electric and mechanical

devices and circuitry (from sensors to actuation device input

terminals) involved in generating those signals associated with the

protective function. These signals include those that actuate reactor

trip and that, in the event of a serious reactor accident, actuate

engineered safeguards such as containment isolation, core spray, safety

injection, pressure reduction, and air cleaning. ``Protective

Function'' is defined by IEEE Std. 279, as ``the sensing of one or more

variables associated with a particular generating station condition,

signal processing, and the initiation and completion of the protective

action at values of the variables established in the design bases.''

IEEE Std. 603-1991 uses the term ``safety systems'' rather than

``protection systems.'' A ``safety system'' is defined by IEEE Std.

603-1991 as ``a system that is relied upon to remain functional during

and following design basis events to ensure: (i) The integrity of the

reactor coolant pressure boundary, (ii) the capability to shut down the

reactor and maintain it in a safe shut down condition, or (iii) the

capability to prevent or mitigate the consequences of accidents that

could result in potential off-site exposures comparable to the 10 CFR

part 100 guidelines.'' A ``safety function'' is defined by IEEE Std.

603-1991 as ``one of the processes or conditions (for example,

emergency negative reactivity insertion, post-accident heat removal,

emergency core cooling, post-accident radioactivity removal, and

containment isolation) essential to maintain plant parameters within

acceptable limits established for a design basis event.''

The Commission considers that the systems covered by IEEE Std. 603-

1991 and IEEE Std. 279-1971 are the same. Therefore, for purposes of

paragraph (h) of 10 CFR 50.55a, ``protection systems,'' and ``safety

systems'' are synonymous. The Commission notes that these two terms are

also synonymous with the term ``safety-related systems,'' used

elsewhere in the Commission's regulations. Therefore, licensees are

expected to apply IEEE Std. 279-1971 and IEEE Std. 603-1991, as

appropriate, to ``safety-related systems.''

This rule mandates the use of IEEE Std. 603-1991 (including the

correction sheet dated January 30, 1995) for future nuclear power

plants, including final design approvals, design certifications and

combined licenses under 10 CFR part 52. Current licensees may continue

to meet the requirements set forth in the edition or revision of IEEE

Std. 279 in effect on the formal date of their application for a

construction permit or may, at their option, use IEEE Std. 603-1991,

provided they comply with all applicable requirements for making

changes to their licensing basis. However, changes to protection

systems in operating nuclear power plants initiated on or after January

1, 1998 must meet the requirements in IEEE Std. 603-1991. For purposes

of this rule, ``changes'' to protection systems include (i)

modifications, augmentation or replacement of protection systems

permitted by license amendments, (ii) changes made by the licensees

pursuant to procedures in 10 CFR 50.59, and (iii) plant-specific

departures from a design certification rule under 10 CFR part 52. In-

kind (like-for-like) replacement of protection system components are

not considered changes to the protection systems.

Section 3 of IEEE Std. 603-1991 references several industry codes

and standards. If the referenced standard has been endorsed in a

regulatory guide, the standard constitutes a method acceptable to the

Commission of meeting a regulatory requirement as described in the

regulatory guide. If a referenced standard has not been endorsed in a

regulatory guide, the licensees and applicants may consider and use the

information in the referenced standard consistent with current

regulatory practices.

Electronic Access

You may also provide comments via the NRC's interactive rulemaking

website through the NRC home page (http://www.nrc.gov). This site

provides the availability to upload comments as files (any format), if

your web browser supports that function. For information about the

interactive rulemaking website, contact Ms. Carol Gallagher, (301) 415-

5905 (e-mail: [email protected]).

Finding of No Environmental Impact: Availability of Environmental

Assessment

The Commission has determined under the National Environmental

Policy Act of 1969, as amended, and the Commission's regulations in

subpart A of 10 CFR part 51, that this rule would not be a major

Federal action significantly affecting the quality of the human

environment and, therefore, an environment impact statement is not

required. The Commission has prepared an Environmental Assessment

supporting this finding of no significant environmental impact.

The NRC has sent a copy of the environmental assessment and a copy

of the Federal Register Notice to every State liaison officer and

requested their comments on the environmental assessment. The

environmental assessment is available for inspection at the NRC Public

Document Room, 2120 L Street NW., Washington, DC. Also, the NRC has

committed itself to complying in all its actions with the Presidential

Executive Order #12898--Federal Actions to Address Environmental

Justice in Minority Populations and Low-Income Populations, dated

February 11, 1994. Therefore, the NRC also has determined that there

are no disproportionate, high, and adverse impacts on minority and low-

income populations. The NRC uses the following working definition of

environmental justice: environmental justice means the fair treatment

and meaningful involvement of all people, regardless of race,

ethnicity, culture, income, or educational level with respect to the

development, implementation, and enforcement of environmental laws,

regulations and policies.

[[Page 53934]]

Paperwork Reduction Act Statement

This final rule does not contain a new or amended information

collection requirement subject to the Paperwork Reduction Act of 1995

(44 U.S.C. 3501, et seq.). Existing requirements were approved by the

Office of Management and Budget, approval No. 3150-0011.

Public Protection Notification

If a document used to impose an information collection does not

display a currently valid OMB control number, the NRC may not conduct

or sponsor, and a person is not required to respond to, an information

collection.

Regulatory Analysis

The Commission has prepared a regulatory analysis which shows that

the proposed amendment does not impose any new requirements or costs on

current licensees who do not make changes to safety systems. However,

licensees planning or proposing changes to power and instrumentation &

control systems will be impacted because they will be required to meet

the requirements of IEEE Std. 603-1991 for the changes even though the

remainder of the plant power and I&C systems are only required to meet

their current licensing basis. The draft regulatory analysis is

available for inspection in the NRC Public Document Room, 2120 L

Street, NW., Washington, DC.

Regulatory Flexibility Certification

As required by the Regulatory Flexibility Act of 1980 (5 U.S.C.

605(b)), the Commission certifies that this rule will not have a

significant economic impact on small entities. This rule affects only

the operation of nuclear power plants. The companies that own these

plants do not fall within the scope of the definition of ``small

entities'' set forth in the Regulatory Flexibility Act or the small

business size standards adopted by the NRC (10 CFR 2.810). Since these

companies are dominant in their service areas, this rule does not fall

within the purview of the Act.

Backfit Analysis

The rule requires applicants and holders of new construction

permits, new operating licenses, new final design approvals, new design

certifications and combined licenses to comply with IEEE Std. 603-1991

(including the correction sheet dated January 30, 1995). Changes to

protection systems in existing operating plants initiated on or after

January 1, 1998 must meet the requirements of IEEE Std. 603-1991. IEEE

Std. 279 will continue to apply to existing nuclear power plants that

do not make any changes to their protection systems, but the rule

permits the licensee the option of meeting IEEE Std. 603-1991.

The backfit rule was not intended to apply to regulatory actions

which change expectations of prospective applicants, and therefore the

backfit rule does not apply to the portion of the rule applicable to

new construction permits, new operating licenses, new final design

approvals, new design certifications and combined licenses. This rule

does not change the licensing basis (i.e., IEEE Std. 279) for plants

that do not intend to make any changes to their power and

instrumentation and control systems. However, the rule would require

future changes to existing power and instrumentation and control

portions of protection systems to comply with the new standard. This

would not be considered a backfit, since the changes are voluntarily

initiated by the licensee, or separately imposed by the NRC after a

separate backfit analysis. This is consistent with past NRC practice

and the discussions on backfitting in ``Value-Impact Statement''

prepared for Revision 1 to Regulatory Guide 1.153. A copy of the Value-

Impact Statement is available for inspection or copying for a fee in

the Commission's Public Document Room at 2120 L Street NW., Washington,

DC, under Task DG-1042.

In summary, the NRC has determined that the backfit rule, 10 CFR

50.109, does not apply to this direct final rule because it does not

impose any backfits as defined in 10 CFR 50.109(a)(1) and, therefore, a

backfit analysis has not been prepared for this direct final rule.

Small Business Regulatory Enforcement Fairness Act

In accordance with the Small Business Regulatory Enforcement

Fairness Act of 1996, the NRC has determined that this action is not a

major rule and has verified this determination with the Office of

Information and Regulatory Affairs of OMB.

List of Subjects in 10 CFR Part 50

Antitrust, Classified information, Criminal penalties, Fire

protection, Incorporation by reference, Intergovernmental relations,

Nuclear power plants and reactors, Radiation protection, Reactor siting

criteria, and Reporting and recordkeeping requirements.

For the reasons set out in the preamble and under the authority of

the Atomic Energy Act of 1954, as amended, the Energy Reorganizations

Act of 1974, as amended, and 5 U.S.C. 552 and 553, the NRC is adopting

the following amendment to 10 CFR part 50.

PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION

FACILITIES

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

Authority: Secs. 102, 103, 104, 105, 161, 182, 183, 186, 189, 68

Stat. 936, 937, 938, 948, 953, 954, 955, 956, as amended, sec. 234,

83 Stat. 1244, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2201,

2232, 2233, 2236, 2239, 2282); secs. 201, as amended, 202, 206, 88

Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).

Section 50.7 also issued under Pub. L. 95-601, sec, 10, 92 Stat.

2951 (42 U.S.C. 5851). Section 50.10 also issued under secs. 101,

185, 68 Stat. 955 as amended (42 U.S.C. 2131, 2235), sec. 102, Pub.

L. 91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.13, and 50.54

(dd), and 50.103 also issued under sec. 108, 68 Stat. 939, as

amended (42 U.S.C. 2138), Sections 50.23, 50.35, 50.55, and 50.56

also issued under sec. 185, 68 Stat. 955 (42 U.S.C. 2235), Sections

50.33a, 50.55a and Appendix Q also issued under sec. 102, Pub. L.

91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.34 and 50.54 also

issued under sec. 204, 88 Stat. 1245 (42 U.S.C. 5844). Sections

50.58, 50.91, and 50.92 also issued under Pub. L. 97-415, 96 Stat.

2073 (42 U.S.C. 2239). Section 50.78 also issued under sec. 122, 68

Stat. 939 (42 U.S.C. 2152). Sections 50.80-50.81 also issued under

sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234). Appendix F also

issued under sec. 187, 68 Stat. 955 (42 U.S.C. 2237).

12. In Sec. 50.55a, paragraph (h) is revised to read as follows:

Sec. 50.55a Codes and standards.

* * * * *

(h) Protection and Safety Systems. (1) IEEE Std. 603-1991 and the

correction sheet dated January 30, 1995, which are referenced in

paragraph (h)(3) and (h)(4), are approved for incorporation by

reference by the Director of the Federal Register in accordance with 5

U.S.C. 552(a) and 1 CFR part 51. A notice of any changes made to the

material incorporated by reference will be published in the Federal

Register. Copies of IEEE Std. 603-1991 may be purchased from the

Institute of Electrical and Electronics Engineers Service Center, 445

Hoes Lane, Piscataway, NJ 08855. It is also available for inspection at

the NRC Library, 11545 Rockville Pike, Rockville, MD 20852-2738, and at

the Office of the Federal Register, 800 North Capital Street, NW, Suite

700, Washington, DC. IEEE Std. 279, which is referenced in paragraph

(h)(2) of this section was approved for incorporation by reference by

the Director of the Federal Register in accordance with 5 U.S.C. 552(a)

and 1 CFR part 51. Copies of this standard are also available as

indicated for IEEE Std. 603-1991.

[[Page 53935]]

(2) Definitions.

(I) For purposes of this paragraph the terms ``protection

systems,'' ``safety systems,'' and ``safety-related systems'' are

synonymous.

(ii) Changes to protection systems include modification,

augmentation or replacement of protection systems permitted by license

amendments, changes to protection systems made by licensees pursuant to

10 CFR 50.59, and plant specific departures from a design certification

rule under 10 CFR part 52.

(3) Protection systems. For nuclear power plants with construction

permits issued after January 1, 1971, but prior to January 1, 1998,

protection systems must meet the requirements set forth either in the

Institute of Electrical and Electronics Engineers (IEEE) Std. 279,

``Criteria for Protection Systems for Nuclear Power Generating

Stations,'' or in IEEE Std. 603-1991, ``Criteria for Safety Systems for

Nuclear Power Generating Stations,'' and the correction sheet dated

January 30, 1995. However, changes to protection systems initiated on

or after January 1, 1998 must meet the requirements set forth in IEEE

Std. 603-1991, and the correction sheet dated January 30, 1995.

(4) Safety systems. For construction permits, operating licenses,

final design approvals, design certifications and combined licenses

issued on or after January 1, 1998, safety systems must meet the

requirements set forth in IEEE Std. 603-1991, and the correction sheet,

dated January 30, 1995.

Dated at Rockville, this 9th day of October, 1997.

For the Nuclear Regulatory Commission.

John C. Hoyle,

Secretary of the Commission.

[FR Doc. 97-27421 Filed 10-16-97; 8:45 am]

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