regulatory developments impacting eq · • regulatory guide 1.89 • revisions to 10 cfr part 21...

Regulatory Developments Impacting EQ

Nuclear Utility Group on Equipment Qualification Fall 2014 Joint EQ Technical Conference

November 12-14, 2014

Sand Key, Florida

William Horin, Winston & Strawn, LLP (Counsel to NUGEQ ([email protected])) Ron Wise, NEQ Consulting ((Technical Consultant to NUGEQ ([email protected]))

mailto:[email protected]

Nuclear Utility Group on Equipment Qualification 2

Regulatory Developments Potential Implications for EQ

• Regulatory Guide 1.89 • Revisions to 10 CFR Part 21 • Active Component Aging

Oversight • Second Renewals • Fraudulent and Counterfeit Items


Regulatory Developments Regulatory Guide 1.89

Regulatory Guide 1.89 • NRC Memorandum, Brian Thomas (Acting Dir, Div. of Engineering,

Nuclear Regulatory Research) to Thomas Boyce, (Reg Guidance and Generic Issues Branch), "Results of Periodic Review of Regulatory Guide (RG) 1.89," May 20, 2014

• Regulatory Guide Reviews, Every 5 years

• Use of current version has no known [adverse] impact


Regulatory Developments Regulatory Guide 1.89

Regulatory Guide 1.89

• Revision "should be undertaken" within the next 12-18 months to minimize impact on future licensing applications and reviews Update source term (TID 14844, from 1962) New study NUREG-1465, “Accident Source Terms for Light-Water Nuclear Power

Plants – Final Report,” issued February 1995 should be applied Referenced computer codes and methods should be reviewed Incorporate IEEE 323–2003 Standard

• Minimal Staff resource impact (80 hours for source term) • Issuance of draft by end of 2014 ("tentative") • Process for Public Input re proposed/additional changes

Regulatory Developments Part 21

• Revisions to 10 CFR Part 21 Ongoing interactions with NRC/Industry(NEI)/

Stakeholders Extensive Public Interaction Since 2011

Areas for Improvement/Enhancement through Rulemaking or Guidance Update

NEI Perspective that most issues can be dealt with through guidance

– Updating 1977 Orange Book (NUREG-0302)



NEI Letter to NRC Regarding Open Issues/Questions – Request for Demonstration of Need for Rulemaking “Reporting of Defects and Noncompliance,” dated July 8, 2014

(ADAMS Accession No. ML14189A169). Request for suspension of rulemaking actions until evaluation

of need for rule change – Interaction between Part 21 and 10 CFR 50.72/50.73 – Fuel cycle facility applications – Feedback on NEI White Paper – Point of discovery, basic component definition



• NEI Submittal of Draft Revised Guidance "Submittal of NEI 14-09, Guidelines for Implementation of 10

CFR Part 21 Reporting of Defects and Noncompliance, Revision 0, dated August 2014," August 28, 2014 Based primarily on 1977 NUREG-0302, issued with the final Part 21

rule, and statements of consideration associated with subsequent rule changes.

New areas of guidance (beyond NUREG-0302) are identified in the document.



• NRC Letter Response to NEI "Response To Nuclear Energy Institute Letter Regarding Industry Input

On The Nuclear Regulatory Commission’s Efforts To Clarify Title 10 Of The Code Of Federal Regulations, Part 21," October 28, 2014

Addresses NEI Concerns Expressed in July Letter Separate attachment on reporting requirements interaction intended to demonstrate

inconsistencies in reporting criteria application Fuel cycle issues comments in public meetings and in forthcoming regulatory analysis NRC provided feedback on NEI positions in White Paper with respect to several issues in

public meetings and is evaluating the NEI proposed guidance NRC forthcoming regulatory analysis will address the basic component definition


Regulatory Developments Active Component Aging

• NRC Office of Inspector General Report OIG-14-A-02, dated October 28, 2013, "Audit of NRC’s Oversight of Active Component Aging" "Oversight of licensees’ activities, including active component aging, should be

structured and coordinated. However, NRC’s approach for oversight of licensees’ management of active component aging is not focused or coordinated."

• The OIG report draws heavily on the Office of Nuclear Reactor Regulation’s (NRR) Operating Experience Branch (IOEB) report: “IOEB Component Aging Study 2007-2011 — Insights from Inspection Findings and Reportable Events,” dated July 24, 2012: Inspection findings involving structures, systems and components (SSCs) that have been in service for 15-20

years or more have been increasing since 2009; Some licensees do not have effective life cycle preventive maintenance (PM) programs (periodic or time

based PM strategies) for some important SSCs where industry and vendor experience suggests it is necessary; NRC oversight programs may not be focused on aging management of active SSCs, and these programs could

be better prepared to effectively deal with an industry that potentially is experiencing notable occurrences of age-related SSC failures;



• NRC Executive Director for Operations (EDO) Memorandum to Inspector General, May 14, 2014 In response to request to resolve internal NRC differences as to

whether the NRC inspection process adequately addressed active component aging, the EDO concluded it did have adequate mechanisms to do so, and to determine if improvements were needed in the process.

• NRC Inspector General Memorandum to the Chairman, July 23, 2014 Contests EDO conclusions and asks for implementation of the OIG

report recommendations



• NRC Reactor Oversight Process (Inspection and Enforcement Process) (ROP) Enhancement Process NRC Staff indicates that insights from the OIG Report will be

considered with respect to utilizing smart samples from operating experience, which would include data regarding active component performance.

• Whether further actions with respect to oversight of active component aging will be taken remains open


Regulatory Developments Second Renewal EQ

• NRC Has Posed A Question to Industry Regarding EQ In the Second Renewal Period

When utilities evaluated environmental qualifications for cables, most of their margin were used to go to 60 years. Will plants provide the analysis to meet qualifications or replace all cables for operation to 80 years?

Industry prepared to address the question at a June 2014 meeting, but NRC withdrew the topic for consideration at that meeting

EPRI slides provided to NRC prior to the June meeting



• NRC rescheduled meeting-November 19, 2014 EPRI managing industry response

NUGEQ participation

• NRC Meeting Purpose of the meeting: To inform external stakeholders about

proposed changes to electrical portions of license renewal guidance to account for subsequent license renewal

1. TLAA Re-analysis 2. Cable Inspection and Testing Methodologies 3. Submerged Cables 4. New AMPs – High Voltage Insulators, XI.E3-a, b and c



• Previously Transmitted Industry Questions and Observations Regarding EQ Time-Limited Aging Analyses Topic

NRC question premised on unsupported general assumption ("most of their margin")

NRC Regulations and Guidance (GALL Report) allows for reanalysis, continuation of EQ (aging management) program, replacement/requalification if needed


Regulatory Developments Fraudulent and Counterfeit Items

• NEI Transmitted Enhanced EPRI Guidance, by letter dated October 17, 2013: Plant Support Engineering: Counterfeit and Fraudulent Items:

Mitigating the Increasing Risks, draft revision dated October 2013

• NEI Transmitted Description of Industry Activities Related to Counterfeit and Fraudulent Items, Letter dated April 14, 2014 Enhanced Guidance – EPRI Draft Reporting and Information Sharing Oversight by INPO, NUPIC and NIAC


Regulatory Developments Fraudulent and Counterfeit Items

• NRC Regulatory Issue Summary 2014-xx, Oversight Of Counterfeit, Fraudulent, And Suspect Items In The Nuclear Industry (DRAFT) (October 2, 2014 Fed. Reg. Notice) Recognizes robustness of NRC regulatory scheme, supported by

the absence of counterfeit items in the nuclear supply chain Describes, for nuclear reactors, the regulatory mechanisms that

should be relied upon to prevent and/or identify the presence of counterfeit items in the nuclear supply chain, including Quality Assurance – 10 CFR Appendix B, 18 Criteria Reporting of defects or significant performance issues (10 CFR 50.9,

10 CFR Part 21, 10 CFR 50.72/50.73) Cyber-security requirements – 10 CFR 73.54


Regulatory Developments

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