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ence in paragraph (b) of this section, subject to the limitations and modifications listed therein.

(3) For a boiling or pressurized water-cooled nuclear power facility whose construction permit was issued on or after July 1, 1974:

(i) Components which are classified as ASME Code Class 1 shall be designed and be provided with access to enable the performance of inservice examination of such components and shall meet the preservice examination requirements set forth in Section XI of editions of the ASME Boiler and Pressure Vessel Code and Addenda 3. 6 applied to the construction of the particular component in accordance with paragraph (c), (d), (e), or (f) of this section.

(ii) Components which are classified as ASME Code Class 2 and Class 3 and supports for components which are classified as ASME Code Class 1, Class 2, and Class 3 shall be designed and be provided with access to enable the performance of inservice examination of such components and shall meet the preservice examination requirements set forth in Section XI of editions of the ASME Boiler and Pressure Vessel Code and Addenda 3. 6 applied to the construction of the particular compo

nent.

(iii) Pumps and valves which are classified as ASME Code Class 1 shall be designed and be provided with access to enable the performance of inservice testing of the pumps and valves for assessing operational readiness set forth in Section XI of editions of the ASME Boiler and Pressure Vessel Code and Addenda 3. 6 applied to the construction of the particular pump or valve in accordance with paragraphs (e) and (f) of this section or the Summer 1973 Addenda, whichever is later.

(iv) Pumps and valves which are classified as ASME Code Class 2 and Class 3 shall be designed and be provided with access to enable the performance of inservice testing of the pumps and valves for assessing operational readiness set forth in Section XI of editions of the Boiler and Pressure Vessel Code and Addenda 3.6 applied to the construction of the partic

See footnotes at end of section.

ular pump or valve or the Summer 1973 Addenda, whichever is later.

(v) All components (including supports) may meet the requirements set forth in subsequent editions of codes and addenda or portions thereof which are incorporated by reference in paragraph (b) of this section, subject to the limitations and modifications listed therein.

(4) Throughout the service life of a boiling or pressurized water-cooled nuclear power facility, components (including supports) which are classified as ASME Code Class 1, Class 2 and Class 3 shall meet the requirements, except design and access provisions and preservice examination requirements, set forth in Section XI of editions of the ASME Boiler and Pressure Vessel Code and Addenda that become effective subsequent to editions specified in paragraphs (g)(2) and (g)(3) of this section and are incorporated by reference in paragraph (b) of this section, to the extent practical within the limitations of design, geometry and materials of construction of the components.

(i) Inservice examinations of components, inservice tests to verify operational readiness of pumps and valves whose function is required for safety, and system pressure tests, conducted during the initial 120-month inspection interval shall comply with the requirements in the latest edition and addenda of the Code incorporated by reference in paragraph (b) of this section on the date 12 months prior to the date of issuance of the operating license, subject to the limitations and modifications listed in paragraph (b) of this section.

(ii) Inservice examinations of components, inservice tests to verify operational readiness of pumps and valves whose function is required for safety, and system pressure tests, conducted during successive 120-month inspection intervals shall comply with the requirements of the latest edition and addenda of the Code incorporated by reference in paragraph (b) of this section 12 months prior to the start of the 120-month inpsection interval, subject to the limitations and modifications listed in paragraph (b) of this section.

(iii) For a facility whose operating license was issued prior to March 1, 1976, the provisions of paragraph (g)(4) of this section are effective after September 1, 1976, at the start of the next-one third of a 120 month inspection interval. During that third of an inspection interval and the remainder of the inspection interval, the inservice examinations of components, tests to verify operational readiness of pumps and valves whose function is required for safety, and system pressure tests, for such facilities shall comply with the requirements in the latest edition and addenda of the Code incorporated by reference in paragraph (b) of this section on the date 12 months prior to the start of that third of an inspection interval, subject to the limitations and modifications listed in paragraph (b) of this section.

(iv) Inservice examinations of components, tests of pumps and valves, and system pressure tests, may meet the requirements set forth in subsequent editions and addenda that are incorporated by reference in paragraph (b) of this section, subject to the limitations and modifications listed in paragraph (b) of this section, and subject to Commission approval. Portions of editions or addenda may be used provided that all related requirements of the respective editions or addenda are met.

(5)(i) The inservice inspection program for a boiling or pressurized water-cooled nuclear power facility shall be revised by the licensee, as necessary, to meet the requirements of paragraph (g)(4) of this section.

(ii) If a revised inservice inspection program for a facility conflicts with the technical specification for the facility, the licensee shall apply to the Commission for amendment of the technical specifications to conform the technical specification to the revised program. This application shall be submitted at least 6 months before the start of the period during which the provisions become applicable as determined by paragraph (g)(4) of this section.

(iii) If the licensee has determined that conformance with certain code requirements is impractical for his facility, the licensee shall notify the Com

See footnotes at end of section.

mission and submit information to support his determinations.

(iv) Where an examination or test requirement by the code or addenda is determined to be impractical by the licensee and is not included in the revised inservice inspection program as permitted by paragraph (g)(4) of this section, the basis for this determination shall be demonstrated to the satisfaction of the Commission not later than 12 months after the expiration of the initial 120-month period of operation from start of facility commercial operation and each subsequent 120month period of operation during which the examination or test is determined to be impractical.

(6)(i) The Commission will evaluate determinations under paragraph (g)(5) of this section that code requirements are impractical. The Commission may grant such relief and may impose such alternative requirements as it determines is authorized by law and will not endanger life or property or the common defense and security and is otherwise in the public interest giving due consideration to the burden upon the licensee that could result if the requirements were imposed on the facility.

(ii) The Commission may require the licensee to follow an augmented inservice inspection program for systems and components for which the Commission deems that added assurance of structural reliability is necessary.

(h) Protection systems: For construction permits issued after January 1, 1971, protection systems shall meet the requirements set forth in editions or revisions of the Institute of Electrical and Electronics Engineers Standard: "Criteria for Protection Systems for Nuclear Power Generating Stations," (IEEE-279) in effect on the formal docket date of the application for a construction permit. Protection systems may meet the requirements set forth in subsequent editions or revisions of IEEE-279 which become effective.

(i) Fracture toughness requirements: Pressure-retaining components of the reactor coolant pressure boundary shall meet the requirements set forth in Appendices G and H to this part.

(j) Power reactors for which a notice of hearing on an application for a provisional construction permit or a con

struction permit has been published on or before December 31, 1970, may meet the requirements of paragraphs (c)(1), (d)(1), (e)(1), and (f)(1) of this section instead of paragraphs (c)(2), (d)(2), (e)(2), and (f)(2) of this section, respectively.

(Sec. 102, Pub. L. 91-190, 83 Stat. 853 (42 U.S.C. 4332); sec. 201, as amended, Pub. L. 93-438, 83 Stat. 1242, Pub. L. 94-79, 89 Stat. 413 (42 U.S.C. 5341))

[36 FR 11424, June 12, 1971, as amended at 37 FR 17021, Aug. 24, 1972; 38 FR 19014, July 17, 1973; 38 FR 28029, Oct. 11, 1973; 39 FR 5774, Feb. 15, 1974; 40 FR 8789, Mar. 3, 1975; 41 FR 23931, June 14, 1976; 42 FR 22887, May 5, 1977; 43 FR 56015, Nov. 30, 1978; 44 FR 57912, 57914, Oct. 9, 1979; 46 FR 20154, Apr. 3, 1981; 46 FR 63209, Dec. 31, 1981]

EFFECTIVE DATE NOTE: At 46 FR 63209, Dec. 31, 1981, paragraphs (b) (1), (2) introductory text and (b)(2)(i) were revised, effective Feb. 1, 1982. For the convenience of the user the superseded text appears below. § 50.55a Codes and standards.

(b)

(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 1977 Edition and addenda through the Summer 1979 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 1977 Edition and addenda through the Summer 1979 Addenda, subject to the following limitations and modifications:

(i) Applicability of 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.

1 [Reserved]

2 Components which are connected to the reactor coolant system and are part of the reactor coolant pressure boundary defined in $ 50.2(v) need not meet these requirements, provided:

(a) In the event of postulated failure of the component during normal reactor operation, the reactor can be shut down and cooled down in an orderly manner, assuming makeup is provided by the reactor coolant makeup system only, or

(b) The component is or can be isolated from the reactor coolant system by two valves (both closed, both open, or one closed and the other open). Each open valve must be capable of automatic actuation and, assuming the other valve is open, its closure time must be such that, in the event of postulated failure of the component during normal reactor operation, each valve remains operable and the reactor can be shut down and cooled down in an orderly manner, assuming makeup is provided by the reactor coolant makeup system only.

3 Copies may be obtained from the American Society of Mechanical Engineers, United Engineering Center, 345 East 47th St., New York, NY 10017. Copies are available for inspection at the Commission's Public Document Room, 1717 H St. NW., Washington, D.C.

'USAS and ASME Code addenda issued prior to the Winter 1977 Addenda are considered to be in effect" or "effective" 6 months after their date of issuance and after they are incorporated by reference in paragraph (b) of this section. Addenda to the ASME Code issued after the Summer 1977 Addenda are considered to be "in effect" or "effective" after the date of publication of the addenda and after they are incorporated by reference in paragraph (b) of this section.

For ASME Code Editions and Addenda issued prior to the Winter 1977 Addenda, the Code Edition and Addenda applicable to the component is governed by the order or contract date for the component, not the contract date for the nuclear energy system. For the Winter 1977 addenda and subsequent editions and addenda the method for determining the applicable Code editions and addenda is contained in Paragraph NCA 1140 of Section III of the ASME Code.

6 ASME Code cases which have been determined suitable for use by the Commission staff are listed in NRC Regulatory Guide 1.84, "Code Case Acceptability— ASME Section III Design and Fabrication" and NRC Regulatory Guide 1.85, "Code Case Acceptability-ASME Section III Materials. The use of other Code cases may be authorized by the Commission upon request pursuant to § 50.55a(a)(2)(ii).

7 For purposes of this regulation, the proposed IEEE 279 became "in effect" on August 30, 1968, and the revised issue IEEE 279-1971 became "in effect" on June 3, 1971. Copies may be obtained from the Institute of Electrical and Electronics Engineers, United Engineering Center, 345 East 47th Street, New York, NY 10017. A copy is available for inspection at the Commission's Public Document Room, 1717 H Street NW., Washington, D.C.

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to the provisions of § 2.101(a-1) and Subpart F of Part 2 of this chapter, "the formal docket date of the application for a construction permit" for purposes of this section shall be the date of docketing of the information required by § 2.101(a-1) (2) or (3), whichever is later.

§ 50.56 Conversion of construction permit to license; or amendment of license. Upon completion of the construction or alteration of a facility, in compliance with the terms and conditions of the construction permit and subject to any necessary testing of the facility for health or safety purposes, the Commission will, in the absence of good cause shown to the contrary issue a license of the class for which the construction permit was issued or an appropriate amendment of the license, as the case may be.

(Sec. 185, 68 Stat. 955; 42 U.S.C. 2235)

[21 FR 355, Jan. 19, 1956, as amended at 35 FR 11461, July 17, 1970]

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(a) Pursuant to § 50.56, an operating license may be issued by the Commission, up to the full term authorized by § 50.51, upon finding that:

(1) Construction of the facility has been substantially completed, in conformity with the construction permit and the application as amended, the provisions of the Act, and the rules and regulations of the Commission; and

(2) The facility will operate in conformity with the application as amended, the provisions of the Act, and the rules and regulations of the Commission; and

(3) There is reasonable assurance (i) that the activities authorized by the operating license can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the regulations in this chapter; and

The Commission may issue a provisional operating license pursuant to the regulations in this part in effect on March 30, 1970, for any facility for which a notice of hearing on an application for a provisional operating license or a notice of proposed issuance of a provisional operating license has been published on or before that date.

(4) The applicant is technically and financially qualified to engage in the activities authorized by the operating license in accordance with the regulations in this chapter; and

(5) The applicable provisions of Part 140 of this chapter have been satisfied; and

(6) The issuance of the license will not be inimical to the common defense and security or to the health and safety of the public.

(b) Each operating license will include appropriate provisions with respect to any uncompleted items of construction and such limitations or conditions as are required to assure that operation during the period of the completion of such items will not endanger public health and safety.

(c) An applicant may, in a case where a hearing is held in connection with a pending proceeding under this section make a motion in writing, pursuant to this paragraph (c), for an operating license authorizing low-power testing (operation at not more than 1 percent of full power for the purpose of testing the facility), and further operations short of full power operation. Action on such a motion by the presiding officer shall be taken with due regard to the rights of the parties to the proceedings, including the right of any party to be heard to the extent that his contentions are relevant to the activity to be authorized. Prior to taking any action on such a motion which any party opposes, the presiding officer shall make findings on the matters specified in paragraph (a) of this section as to which there is a controversy, in the form of an initial decision with respect to the contested activity sought to be authorized. The Director of Nuclear Reactor Regulation will make findings on all other matters specified in paragraph (a) of this section. If no party opposes the motion, the presiding officer will issue an order pursuant to § 2.730(e) of this chapter, authorizing the Director of Nuclear Reactor Regulation to make appropriate findings on the matters specified in paragraph (a) of this section and to issue a license for the requested operation.

[35 FR 5318, Mar. 31, 1970, as amended at 35 FR 6644, Apr. 25, 1970; 36 FR 8862, May 14, 1971; 37 FR 11873, June 15, 1972; 37 FR 15142, July 28, 1972; 40 FR 8790, Mar. 3, 1975]

§ 50.58 Hearings and report of the Advisory Committee on Reactor Safeguards. (a) Each application for a construction permit or an operating license for a facility which is of a type described in § 50.21(b) or § 50.22, or for a testing facility, shall be referred to the Advisory Committee on Reactor Safeguards for a review and report. An application for an amendment to such a construction permit or operating license may be referred to the Advisory Committee on Reactor Safeguards for review and report. Any report shall be made part of the record of the application and available to the public, except to the extent that security classification prevents disclosure.

(b) The Commission will hold a hearing after at least 30 days notice and publication once in the FEDERAL REGISTER ON each application for a construction permit for a production or utilization facility which is of a type described in § 50.21(b) or § 50.22 or which is a testing facility. When a construction permit has been issued for such a facility following the holding of a public hearing and an application is made for an operating license or for an amendment to a construction permit or operating license, the Commission may hold a hearing after at least 30 days notice and publication once in the FEDERAL REGISTER or, in the absence of a request therefor by any person whose interest may be affected, may issue an operating license or an amendment to a construction permit or operating license without a hearing, upon 30 days notice and publication once in the FEDERAL REGISTER of its intent to do so. If the Commission finds that no significant hazards consideration is presented by an application for an amendment to a construction permit or operating license, it may dispense with such notice and publication and may issue the amendment.

(Secs. 182b., 189a., 68 Stat. 953, 955, as amended; 42 U.S.C. 2232(b), 2239(a))

[27 FR 12186, Dec. 8, 1962, as amended at 33 FR 8590, June 12, 1968; 35 FR 11461, July 17, 1970; 39 FR 10555, Mar. 21, 1974]

§ 50.59 Changes, tests and experiments.

(a)(1) The holder of a license authorizing operation of a production or utilization facility may (i) make changes in the facility as described in the safety analysis report, (ii) make changes in the procedures as described in the safety analysis report, and (iii) conduct tests or experiments not described in the safety analysis report, without prior Commission approval, unless the proposed change, test or experiment involves a change in the technical specifications incorporated in the license or an unreviewed safety question.

(2) A proposed change, test, or experiment shall be deemed to involve an unreviewed safety question (i) if the probability of occurrence or the consequences of an accident or malfunction of equipment important to safety previously evaluated in the safety analysis report may be increased; or (ii) if a possibility for an accident or malfunction of a different type than any evaluated previously in the safety analysis report may be created; or (iii) if the margin of safety as defined in the basis for any technical specification is reduced.

(b) The licensee shall maintain records of changes in the facility and of changes in procedures made pursuant to this section, to the extent that such changes constitute changes in the facility as described in the safety analysis report or constitute changes in procedures as described in the safety analysis report. The licensee shall also maintain records of tests and experiments carried out pursuant to paragraph (a) of this section. These records shall include a written safety evaluation which provides the bases for the determination that the change, test or experiment does not involve an unreviewed safety question. The licensee shall furnish to the appropriate NRC Regional Office shown in Appendix D of Part 20 of this chapter with a copy to the Director of Inspection and Enforcement, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, annually or at such shorter intervals

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