cense up to date, and will file an application for an operating license or an amendment to an application for a license to construct and operate the facility for the issuance of an operating license, as appropriate, as specified in § 50.30(d) of this part.

(e) (1) If the permit is for construction of a nuclear power plant, the holder of the permit shall notify the Commission of each deficiency found in design and construction, which, were it to have remained uncorrected, could have affected adversely the safety of operations of the nuclear power plant at any time throughout the expected lifetime of the plant, and which represents:

(i) A significant breakdown in any portion of the quality assurance program conducted in accordance with the requirements of Appendix B to this part; or

(ii) A significant deficiency in final design as approved and released for construction such that the design does not conform to the criteria and bases stated in the safety analysis report or construction permit; or

(iii) A significant deficiency in construction of or significant damage to a structure, system, or component which will require extensive evaluation, extensive redesign, or extensive repair to meet the criteria and bases stated in the safety analysis report or construction permit or to otherwise establish the adequacy of the structure, system, or component to perform its intended safety function; or

(iv) A significant deviation from performance specifications which will require extensive evaluation, extensive redesign, or extensive repair to establish the adequacy of a structure, system, or component to meet the criteria and bases stated in the safety analysis report or construction permit or to otherwise establish the adequacy of the structure, system, or component to perform its intended safety function.

(2) The holder of a construction permit shall within 24 hours notify the appropriate Nuclear Regulatory Commission Inspection and Enforcement Regional Office of each reportable deficiency.

(3) The holder of a construction permit shall also submit a written report on a reportable deficiency within thirty (30) days to the appropriate NRC Regional Office shown in Appendix D of Part 20 of this chapter. Copies of such report shall be sent to the Director of Inspection and Enforcement, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555. The report shall include a description of the deficiency, an analysis of the safety implications and the corrective action taken, and sufficient information to permit analysis and evaluation of the deficiency and of the corrective action. If sufficient information is not available for a definitive report to be submitted within 30 days, an interim report containing all available information shall be filed, together with a statement as to when a complete report will be filed.

(4) Remedial action may be taken both prior to and after notification of the Division of Inspection and Enforcement subject to the risk of subsequent disapproval of such action by the Commission.

(42 U.S.C. 2132-2135, 2235, 2239, 5841)

[21 FR 355, Jan. 19, 1956, as amended at 32 FR 4055, Mar. 15, 1967; 35 FR 11461, July 17, 1970; 35 FR 19661, Dec. 29, 1970; 36 FR 11424, June 12, 1971; 37 FR 6460, Mar. 30, 1972; 38 FR 1272, Jan. 11, 1973; 41 FR 16446, Apr. 19, 1976; 42 FR 43385, Aug. 29, 1977]

§ 50.55a Codes and standards.

Each operating license for a boiling or pressurized water-cooled nuclear power facility shall be subject to the conditions in paragraph (g) of this section and each construction permit for a utilization facility shall be subject to the following conditions in addition to those specified in § 50.55.

(a)(1) Structures, systems, and components shall be designed, fabricated, erected, constructed, tested, and inspected to quality standards commensurate with the importance of the safety function to be performed.

(2) As a minimum, the systems and components of boiling and pressurized water-cooled nuclear power reactors specified in paragraphs (c), (d), (e), (f), (g), and (i) of this section shall meet the requirements described in those

paragraphs, except that the American Society of

Mechanical Engineers (hereinafter referred to as ASME) Code N-symbol need not be applied, and the protection systems of nuclear power reactors of all types shall meet the requirements described in paragraph (h) of this section, except as authorized by the Commission or the Atomic Energy Commission upon demonstration by the applicant for or holder of a construction permit that:

(i) Design, fabrication, installation, testing, or inspection of the specified system or component, is to the maximum extent practical, in accordance with generally recognized codes and standards, and compliance with the requirements described in paragraphs (c) through (i) of this section or portions thereof would result in hardships or unusual difficulties without a compensating increase in the level of quality and safety; or

(ii) Proposed alternatives to the described requirements or portions thereof will provide an acceptable level of quality and safety. For example, the use of inspection or survey systems other than those required by the specified ASME Codes and Addenda may be authorized under this subparagraph provided that an acceptable level of quality and safety in design, fabrication, installation, and testing is achieved.

(b) The ASME Boiler and Pressure Vessel Code, which is referenced in the following paragraphs, was approved for incorporation by reference by the Director of the Federal Register on January 1, 1981. A notice of any changes made to the material incorporated by reference will be published in the FEDERAL REGISTER. Copies of the ASME Boiler and Pressure Vessel Code may be purchased from the American Society of Mechanical Engineers, United Engineering Center, 345 East 47th St., New York, NY 10017. It is also available for inspection at the Nuclear Regulatory Commission's Public Document Room, 1717 H St. NW., Washington, D.C.

(1) As used in this section, references to section III of the ASME Boiler and Pressure Vessel Code refer to section III, Division 1, and include editions through the 1980 Edition and addenda through the Winter 1980 Addenda.

(2) As used in this section, references to section XI of the ASME Boiler and Pressure Vessel Code refer to section XI, Division 1 and include editions through the 1980 Edition and addenda through the Winter 1980 Addenda, subject to the following limitations and modifications:

(i) “Limitations on specific editions and addenda." When applying the 1974 Edition, only the addenda through the Summer 1975 Addenda may be used. When applying the 1977 Edition, all of the addenda through the Summer 1978 Addenda must also be used. Addenda and editions subsequent to the Summer 1978 Addenda, that are incorporated by reference in paragraph (b)(2) of this section are not affected by these limitations.

(ii) Pressure-retaining welds in ASME Code Class 1 piping (applies to Table IWB-2500 and IWB-2500-1 and Category B-J). If the facility's application for a construction permit was docketed prior to July 1, 1978, the extent of examination for Code Class 1 pipe welds may be determined by the requirements of Table IWB-2500 and Table IWB-2600 Category B-J of Section XI of the ASME Code in the 1974 Edition and addenda through the Summer 1975 Addenda or other requirements the Commission may adopt.

(iii) Steam generator tubing (modifies Article IWB-2000). If the technical specifications of a nuclear power plant include surveillance requirements for steam generators different than those in Article IWB-2000, the inservice inspection program for steam generator tubing shall be governed by the requirements in the technical specifications.

(iv) Pressure-retaining welds in ASME Code Class 2 piping (applies to Tables IWC-2520 or IWC-2520-1, Category C-F). (A) Appropriate Code Class 2 pipe welds in Residual Heat Removal Systems, Emergency Core Cooling Systems, and Containment Heat Removal Systems, shall be examined. The extent of examination for these systems shall be determined by the requirements of paragraph IWC-1220, Table IWC-2520 Category C-F and CG, and paragraph IWC-2411 in the 1974 Edition and Addenda through

the Summer 1975 Addenda of Section XI of the ASME Code.

(B) For a nuclear power plant whose application for a construction permit is docketed prior to July 1, 1978, the extent of examination for Code Class 2 pipe welds may be determined by the requirements of paragraph IWC-1220, Table IWC-2520 Category C-F and CG and paragraph IWC-2411 in the 1974 Edition and Addenda through the Summer 1975 Addenda of Section XI of the ASME Code or other requirements the Commission adopt.

(c) Pressure vessels:

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may

(1) For construction permits issued before January 1, 1971, for reactors not licensed for operation, pressure vessels which are part of the reactor coolant pressure boundary shall meet the requirements for Class A vessels set forth in section III of the ASME Boiler and Pressure Vessel Code, applicable Code Cases, and Addenda 3 in effect on the date of order of the vessel. The pressure vessels may meet the requirements set forth in editions of this Code, applicable Code Cases, and Addenda which have become effective after the date of vessel order.

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(2) For construction permits issued on or after January 1, 1971, but before July 1, 1974, pressure vessel which are part of the reactor coolant pressure boundary 2 shall meet the requirements for Class A or Class 1 vessels set forth in editions of section III of the ASME Boiler and Pressure Vessel Code and Addenda in effect on the date of order of the pressure vessel: Provided, however, That if the pressure vessel is ordered more than 18 months prior to the date of issuance of the construction permit, compliance with the requirements for Class A or Class 1 vessels set forth in editions of section III of the ASME Boiler and Pressure Vessel Code and Addenda in effect 18 months prior to the date of issuance of the construction permit is required. The pressure vessels may meet the requirements set forth in editions of this Code and Addenda which have become effective after the date of vessel order or after 18 months prior to the date of issuance of the construction permit.

(3) For construction permits issued on or after July 1, 1974, pressure ves

See footnotes at end of section.

sels which are part of the reactor coolant pressure boundary 2 shall meet the requirements for Class 1 components set forth in Section III 3, 4, 5, 6 of the ASME Boiler and Pressure Vessel Code: Provided, That the ASME Code provisions applied to the pressure vessels shall be no earlier than those of the Summer 1972 Addenda of the 1971 edition.

(d) Piping:

(1) For construction permits issued before January 1, 1971, for reactors not licensed for operation, piping which is part of the reactor coolant pressure boundary2 shall meet the requirements set forth in:

(i) The American Standard Code for Pressure Piping (ASA B31.1), Addenda, and applicable Code Cases3 or the U.S.A. Standard Code for Pressure Piping (USAS B31.1.0), Addenda, and applicable Code Cases3 or the Class I section of the U.S.A. Standard Code for Pressure Piping (USAS B31.7)3 in effect on the date of order of the piping and

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(ii) The nondestructive examination and acceptance standards of ASA B 31.1 Code Cases N7, N9, and N10, except that the acceptance standards of Class I piping of the U.S.A. Standard Code for Pressure Piping (USAS B31.7) may be applied.

The piping may meet the requirements set forth in editions of ASA B31.1, USAS B31.1.0, and USAS B31.7, Addenda, and Code Cases which became effective after the date of order of the piping.

(2) For construction permits issued on or after January 1, 1971, but before July 1, 1974, piping which is part of the reactor coolant pressure boundary2 shall meet the requirements for Class I piping set forth in editions of (i) the USA Standard Code for Pressure Piping (USAS B31.7) and Addenda in effect on the date of order of the piping and the requirements applicable to piping of articles 1 and 8 of editions of section III of the ASME Boiler and Pressure Vessel Code and Addenda in effect on the date of order of the piping, or (ii) the requirements applicable to Class 1 piping of editions of section III of the ASME Boiler and Pressure Vessel Code and Addenda in effect on the date of the order of the piping: Provided, however, That if the piping is ordered more

than 6 months prior to the date of issuance of the construction permit, compliance with the requirements for Class I or Class 1 piping set forth in editions of USAS B31.7 or section III of the ASME Boiler and Pressure Vessel Code and Addenda 6 in effect 6 months prior to the date of issuance of the construction permit is required. The piping may meet the requirements set forth in editions of these Codes and Addenda which have become effective after the date of piping order or after 6 months prior to the date of issuance of the construction permit.

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(3) For construction permits issued on or after July 1, 1974, piping which is part of the reactor coolant pressure boundary 2 shall meet the requirements for Class 1 components set forth in Section III 3456 of the ASME Boiler and Pressure Vessel Code: Provided, That the ASME Code provisions applied to the piping shall be no earlier than those of Winter 1972 Addenda of the 1971 edition.

(e) Pumps:

(1) For construction permits issued before January 1, 1971, for reactors not licensed for operation, pumps which are part of the reactor coolant pressure boundary 2 shall meet

(i) The requirements for Class I pumps set forth in the Draft ASME Code for Pumps and Valves for Nuclear Power, Addenda, and Code Cases 3 in effect on the date of order5 of the pumps, or

(ii) The nondestructive examination and acceptance standards set forth in ASA B31.1 Code Cases N7, N9, and N10, except that the acceptance standards for Class I pumps set forth in the Draft ASME Code for Pumps and Valves for Nuclear Power and Addenda in effect on the date of order of the pumps may be applied.

The pumps may meet the requirements set forth in editions of the Draft ASME Code for Pumps and Valves for Nuclear Power, Addenda, and Code Cases which became effective after the date of order of the pumps.

(2) For construction permits issued on or after January 1, 1971, but before July 1, 1974, pumps which are part of the reactor coolant pressure boundary2 shall meet the requirements for

See footnotes at end of section.

90-029 0-82--26

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Class I pumps set forth in editions of (i) the Draft ASME Code for Pumps and Valves for Nuclear Power and Addenda 6 in effect on the date of order of the pumps and the requirements applicable to pumps set forth in articles 1 and 8 of section III of the ASME Boiler and Pressure Vessel Code and Addenda in effect on the date of order of the pumps, or (ii) the requirements applicable to Class 1 pumps of editions of section III of the ASME Boiler and Pressure Vessel Code and Addenda in effect on the date of order of the pumps; Provided, however, That if the pumps are ordered more than 12 months prior to the date of issuance of the construction permit, compliance with the requirements for Class I pumps set forth in the Draft ASME Code for Pumps and Valves for Nuclear Power and Addenda and the requirements applicable to pumps set forth in articles 1 and 8 of editions of section III of the ASME Boiler and Pressure Vessel Code and Addenda, or for Class 1 pumps of editions of section III of the ASME Boiler and Pressure Vessel Code and Addenda in effect 12 months prior to the date of issuance of the construction permit is required. The pumps may meet the requirement set forth in editions of these Codes or Addenda which have become effective after the date of pump order or after 12 months prior to the date of issuance of the construction permit.

6

(3) For construction permits issued on or after July 1, 1974, pumps which are part of the reactor coolant pressure boundary shall meet the requirements for Class 1 components set forth in Section III 3, 4, 5, 6 of the ASME Boiler and Pressure Vessel Code: Provided, That the ASME Code provisions applied to the pumps shall be no earlier than those of the Winter 1972 Addenda of the 1971 edition. (f) Valves:

(1) For construction permits issued before January 1, 1971, for reactors not licensed for operation, valves which are part of the reactor coolant pressure boundary shall meet the requirements set forth in

2

(i) The American Standard Code for Pressure Piping (ASA B31.1), Addenda, and applicable Code Cases, or the USA Standard Code for Pressure Piping (USAS B31.1.0), Addenda, and

4

applicable Code Cases, in effect on the date of order of the valves or the Class 1 section of the Draft ASME Code for Pumps and Valves for Nuclear Power, 3 Addenda, and Code Cases in effect on the date of order of the valves; or

(ii) The nondestructive examination and acceptance standards of ASA B31.1 Code Cases N2, N7, N9, and N10, except that the acceptance standards for Class 1 valves set forth in the Draft ASME Code for Pumps and Valves for Nuclear Power and Addenda in effect on the date of order of the valves may be applied.

The valves may meet the requirements set forth in editions of ASA B31.1, USAS B31.1.0, and the Draft ASME Code for Pumps and Valves for Nuclear Power, Addenda, and Code Cases, which became effective after the date of order of the valves.

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4

6

(2) For construction permits issued on or after January 1, 1971, but before July 1, 1974, valves which are part of the reactor coolant pressure boundary2 shall meet the requirements for Class 1 valves set forth in editions of (i) the Draft ASME Code for Pumps and Valves for Nuclear Power and Addenda in effect on the date of order 5 of the valves and the requirements applicable to valves set forth in articles 1 and 8 of editions of section III of the ASME Boiler and Pressure Vessel Code and Addenda in effect on the date of order of the valves, or (ii) the requirements applicable to Class 1 valves of section III of the ASME Boiler and Pressure Vessel Code and Addenda in effect on the date of order of the valve; Provided, however, That if the valves are ordered more than 12 months prior to the date of issuance of the construction permit, compliance with the requirements for Class 1 valves set forth in editions of the Draft ASME Code for Pumps and Valves for Nuclear Power and Addenda and the requirements applicable to valves set forth in articles 1 and 8 of editions of section III of the ASME Boiler and Pressure Vessel Code and Addenda or for Class 1 valves of section III of the ASME Boiler and Pressure Vessel Code and Addenda in effect 12 months prior to the date of issuance of the construction permit is

See footnotes at end of section.

required. The valves may meet the requirements set forth in editions of these Codes or Addenda which have become effective after the date of valve order or after 12 months prior to the date of issuance of the construction permit.

(3) For construction permits issued on or after July 1, 1974, valves which are part of the reactor coolant pressure boundary 2 shall meet the requirements set forth in Section III 3456 of the ASME Boiler and Pressure Vessel Code: Provided, That the ASME Code provisions applied to the valves shall be no earlier than those of the Winter 1972 Addenda of the 1971 edition.

(1) For a boiling or pressurized water-cooled nuclear power facility whose construction permit was issued prior to January 1, 1971, components (including supports) shall meet the requirements of paragraphs (g)(4) and (g)(5) of this section to the extent practical. Components which are part of the reactor coolant pressure boundary2 and their supports shall meet the requirements applicable to components which are classified as ASME Code Class 1. Other safety-related pressure vessels, piping, pumps and valves shall meet the requirements applicable to components which are classified as ASME Code Class 2 or Class 3.

(2) For a boiling or pressurized water-cooled nuclear power facility whose construction permit was issued on or after January 1, 1971, but before July 1, 1974, components (including supports) which are classified as ASME Code Class 1 and Class 2 shall be designed and be provided with access to enable the performance of (i) inservice examination of such components (including supports) and (ii) tests for operational readiness of pumps and valves, and shall meet the preservice examination requirements set forth in editions of Section XI of the ASME Boiler and Pressure Vessel Code and Addenda 3. 6 in effect months prior to the date of issuance of the construction permit. The components (including supports) may meet the requirements set forth in subsequent editions of this code and addenda which are incorporated by refer

6