Codes and Standards: IEEE National Consensus Standard

NUCLEAR REGULATORY COMMISSION

10 CFR Part 50

RIN 3150-AF96

Codes and Standards: IEEE National Consensus Standard

AGENCY: Nuclear Regulatory Commission.

ACTION: 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. Use of IEEE Std. 603-1991 is mandatory

for new nuclear power plants and design approvals or certifications and

is voluntary for existing nuclear power plants and design approvals.

This action is necessary to endorse the latest version of this national

consensus standard in NRC's regulations because IEEE has withdrawn IEEE

Std. 279-1971.

EFFECTIVE DATE: The final rule is effective on May 13, 1999. The

incorporation by reference of IEEE Std. 603-1991 is approved by the

Director of the Federal Register as of May 13, 1999.

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

Manager, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001,

Telephone: 301-415-6005, Fax: 301-415-5074, E-mail: [email protected]

SUPPLEMENTARY INFORMATION: 10 CFR part 50, ``Domestic Licensing of

Production and Utilization Facilities,'' Sec. 50.55a(h) requires that

the protection systems in nuclear power plants meet the requirements

stated in IEEE Std. 279-1971, ``Criteria for Protection Systems for

Nuclear Power Generating Stations,'' in effect on the formal docket

date of the application. However, IEEE has withdrawn IEEE Std. 279-1971

and has superseded it with IEEE Std. 603-1991, ``Criteria for Safety

Systems for Nuclear Power Generating Stations.'' On April 23, 1998 (63

FR 20136), the NRC published a proposed rule in the Federal Register

that would amend its regulations to incorporate IEEE Std. 603-1991 for

power, instrumentation, and control portions of safety systems. 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 50.55a(h) specifies that ``protection systems''

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

meet the requirements in IEEE Std. 279-1971 in effect on the formal

docket date of the application for a construction permit. IEEE Std.

279-1971 states that a ``protection system'' encompasses all electric

and mechanical devices and circuitry (from sensors to actuation device

input terminals) involved in generating those signals associated with

the protective function. These signals include those that actuate

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

actuate engineered safety features (ESFs), such as containment

isolation, core spray, safety injection, pressure reduction, and air

cleaning. ``Protective function'' is defined in IEEE Std. 279-1971 as

``the sensing of one or more variables associated with a particular

generating station condition, signal processing, and 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'' to define its scope. A ``safety system'' is

defined in IEEE Std. 603-1991 as ``a system that is relied upon to

remain functional during and following design basis events to ensure:

(i) The integrity of the reactor coolant pressure boundary, (ii) the

capability to shut down the reactor and maintain it in a safe shutdown

condition, or (iii) the capability to prevent or mitigate the

consequences of accidents that could result in potential offsite

exposures comparable to the 10 CFR Part 100 guidelines.'' A ``safety

function'' is defined in IEEE Std. 603-1991 as ``one of the processes

or conditions (for example, emergency negative reactivity insertion,

post-accident heat removal, emergency core cooling, post-accident

radioactivity removal, and containment isolation) essential to maintain

plant parameters within acceptable limits established for a design

basis event.''

The NRC recognizes that ``protection systems'' are a subset of

``safety systems.'' Safety system is a broad-based and all-encompassing

term, embracing the protection system in addition to other electrical

systems. Thus, the term ``protection system'' is not synonymous with

the term ``safety system.'' The final rule is not intended to change

the scope of the systems covered in the final safety analysis report

(FSAR) for currently operating nuclear power plants.

This final rule sets forth the standards for the design of safety

systems for future power plants. The final rule mandates the use of

IEEE Std. 603-1991 (including the correction sheet dated January 30,

1995) for applications for design approvals pursuant to 10 CFR Part 52,

Appendix O and design certifications pursuant to 10 CFR Part 52,

Subpart B which are filed after the effective date of this rule.

Although the Westinghouse AP-600 design certification was filed prior

to the effective date of this rule, it has been reviewed to IEEE Std.

603-1991. In addition, the final rule mandates the use of IEEE Std.

603-1991 (including the correction sheet dated January 30, 1995) for

all applications for a construction permit, operating license or

combined license filed on or after the effective date of the rule that

do not reference a certified design. Any application for a construction

permit, operating license or combined license that references a

certified design is required to comply

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with the IEEE standards approved in the referenced design certification

rule. Current holders of operating licenses may continue to meet the

requirements for protection systems in their licensing basis, or may

voluntarily comply with IEEE Std. 603-1991 (including the correction

sheet dated January 30, 1995).

Significant Comments on the Proposed Rule

The NRC received 16 public comment letters. Copies of these letters

are available for public inspection, and copying for a fee, at the

NRC's Public Document Room. The major issues raised by the commenters

and the NRC staff responses to these issues are as follows.

(1) Ambiguity in the Definition of ``System-Level Replacements''

Issue: The term ``system-level replacement'' is not clearly

defined. The rule would create a dual licensing basis for plant

protection systems.

Response: ``System-level replacement'' for a protection system must

involve complete replacement from the process sensors to the actuation

signals used for the initiation of execute features (e.g., reactor trip

system trip breaker, scram solenoid-operated valves, and ESF motive

equipment operation). A licensee's current licensing basis applies when

defining protection system boundaries. A licensee's protection systems

are typically defined and discussed in Final Safety Analysis Report

Sections 7.1, 7.2, and 7.3. The decision to establish and manage a dual

licensing basis is voluntary, not mandatory. Reference to system-level

replacements has been removed in this final rule because the compliance

with the requirements of IEEE Std. 603-1991 is voluntary for changes to

protection systems.

(2) Referenced Standards

Issue: The NRC staff states that the other IEEE standards

referenced in IEEE Std. 603-1991 will not by themselves become

mandatory. However, this position was not restated in the rule itself.

Response: As a matter of law, the other IEEE standards referenced

in IEEE Std. 603-1991 are not rulemaking requirements, inasmuch as (i)

Section 50.55a does not contain lanquage explicitly requiring the use

of the other IEEE standards referenced in IEEE Std. 603-1991, and (ii)

the other IEEE standards referenced in IEEE Std. 603-1991 have not been

approved for incorporation by reference by the Office of Federal

Register.

(3) Backfit Analysis

Issue: Incorporating the additional requirements of IEEE Std. 603-

1991 as a binding regulation would impose a change to the current

licensing basis and constitutes a backfit.

Response: The NRC has revised the rule to make compliance with the

requirements of IEEE Std. 603-1991 voluntary. Current licensees may

continue to satisfy NRC regulations by meeting the requirements stated

in the edition or revision of IEEE Std. 279 in effect on the formal

date of their application for a construction permit. Therefore, any

further discussion of backfit is unnecessary.

Consensus Standards

The National Technology Transfer Act of 1995, Pub. L. 104-113,

requires that Federal agencies use technical standards that are

developed or adopted by voluntary consensus standards bodies unless the

use of these standards is inconsistent with applicable law or otherwise

impractical. In this final rule, the NRC is using the following

voluntary consensus standards, IEEE Std. 603-1991, including the

correction sheet dated January 30, 1995. No alternative voluntary

consensus standard(s) were identified for use in this final rule.

Finding of No Environmental Impact: Availability of Environmental

Assessment

The NRC has determined under the National Environmental Policy Act

of 1969, as amended, and the NRC's regulations in subpart A of 10 CFR

Part 51, that because this final rule would not be a major Federal

action significantly affecting the quality of the human environment, an

environmental impact statement is not required. The NRC has prepared an

environmental assessment supporting this finding of no significant

environmental impact.

The NRC had 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. No comments

were received. The environmental assessment is available for

inspection, and copying for a fee, at the NRC Public Document Room,

2120 L Street, NW., Washington, D.C. Also, the NRC has committed itself

to complying in all its actions with Presidential Executive Order

12898, ``Federal Actions To Address Environmental Justice in Minority

Populations and Low-Income Populations'' (February 11, 1994).

Therefore, the NRC also has determined that there are no

disproportionate, high, and adverse impacts on minority and low-income

populations. The NRC uses the following working definition of

environmental justice: Environmental justice means the fair treatment

and meaningful involvement of all people--regardless of race,

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

development, implementation, and enforcement of environmental laws,

regulations, and policies.

Paperwork Reduction Act Statement

This 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 an information collection does not display a currently valid OMB

control number, the NRC may not conduct or sponsor, and a person is not

required to respond to, the information collection.

Regulatory Analysis

The NRC has prepared a regulatory analysis that shows this

amendment does not impose any new requirements or costs on current

licensees because compliance with the requirements of IEEE Std. 603-

1991 is voluntary. The regulatory analysis is available for inspection,

and copying for a fee, in the NRC Public Document Room, 2120 L Street

NW., Washington, DC.

Regulatory Flexibility Certification

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

605(b)), the NRC certifies that this rule does not have a significant

economic impact on small entities. This rule affects only the operation

of nuclear power plants. The companies that own these plants do not

fall within the scope of the definition of ``small entities'' stated in

the Regulatory Flexibility Act or the small business size standards

adopted by the NRC (10 CFR 2.810). Because these companies are dominant

in their service areas, this rule does not fall within the purview of

the act.

Backfit Analysis

The final rule requires applicants for new design approvals and new

design certifications to comply with IEEE Std. 603-1991 (including the

correction sheet dated January 30, 1995). The final rule also requires

applicants for new construction permits, new operating licenses, and

combined licenses that do not reference a certified design to

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comply with IEEE Std. 603-1991 (including the correction sheet dated

January 30, 1995). Current holders of operating licenses may continue

to meet the requirements for protection systems in their licensing

basis, or may voluntarily comply with IEEE Std. 603-1991 (including the

correction sheet dated January 30, 1995).

The backfit rule was not intended to apply to regulatory actions

that change expectations of prospective applicants and, therefore, the

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

new construction permits, new operating licenses, new design approvals,

new design certifications, and combined licenses that do not reference

a certified design. Because the IEEE Std. 603-1991 is voluntary for

licensees of currently operating plants, this rule does not constitute

a backfit with respect to those plants.

The NRC staff believes that newer consensus standards reflect

progress and the current ``state of the practice'' of the technology.

Specifically, IEEE Std. 603-1991 is a major improvement over IEEE Std.

279-1971. IEEE Std. 279-1971 provides basic criteria for protection

systems, which remain unchanged in IEEE Std. 603-1991. If a licensee

proposes to replace an existing analog protection system with a digital

system, IEEE Std. 279-1971 provides no specific guidance. Therefore,

licensees are likely to consider the guidance in IEEE Std. 603-1991 and

other standards that address digital system design. The NRC staff

encourages the use of digital technology and encourages the use of new

standards such as IEEE Std. 603-1991. Thus, the final rule provides an

option for complying with the new standard for changes to existing

power and instrumentation and control portions of protection systems.

This is not considered a backfit because the adoption of IEEE Std. 603-

1991 would be voluntary.

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

50.109, does not apply to this rule because it does not impose any

backfits as defined in 10 CFR 50.109(a)(1). Therefore, a backfit

analysis has not been prepared for this 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 stated in the preamble and under the authority of

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

Act of 1974, as amended, the Energy Reorganization Act of 1974, as

amended, and 5 U.S.C. 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).

2. In Sec. 50.55a, footnotes 7 and 8 are removed and reserved, and

paragraph (h) is revised to read as follows:

Sec. 50.55a Codes and standards.

* * * * *

(h) Protection and safety systems. (1) IEEE Std. 603-1991,

including the correction sheet dated January 30, 1995, which is

referenced in paragraphs (h)(2) and (h)(3) of this section, is approved

for incorporation by reference by the Director of the Office of the

Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR Part 51.

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

Electrical and Electronics Engineers Service Center, 445 Hoes Lane,

Piscataway, NJ 08855. The standard is also available for inspection at

the NRC Library, 11545 Rockville Pike, Rockville, Md; and at the Office

of the Federal Register, 800 North Capitol Street, NW., Suite 700,

Washington, D.C. IEEE Std. 279-1971, which is referenced in paragraph

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

the Director of the Office of the Federal Register in accordance with 5

U.S.C. 552(a) and 1 CFR Part 51. Copies of IEEE Std. 279-1971 are also

available as indicated for IEEE Std. 603-1991.

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

permits issued after January 1, 1971, but before May 13, 1999,

protection systems must meet the requirements stated in either IEEE

Std. 279-1971, ``Criteria for Protection Systems for Nuclear Power

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

Systems for Nuclear Power Generating Stations,'' and the correction

sheet dated January 30, 1995. For nuclear power plants with

construction permits issued before January 1, 1971, protection systems

must be consistent with their licensing basis or may meet the

requirements of IEEE Std. 603-1991 and the correction sheet dated

January 30, 1995.

(3) Safety systems. Applications filed on or after May 13, 1999 for

preliminary and final design approvals (10 CFR Part 52, Appendix O),

design certifications, and construction permits, operating licenses and

combined licenses that do not reference a final design approval or

design certification, must meet the requirements for safety systems in

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

* * * * *

Dated at Rockville, Maryland, this 6th day of April, 1999.

For the Nuclear Regulatory Commission.

Annette L. Vietti-Cook,

Secretary of the Commission.

[FR Doc. 99-9038 Filed 4-12-99; 8:45 am]

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