Regulatory Guide 1.215: Difference between revisions

From kanterella
Jump to navigation Jump to search
(StriderTol Bot change)
(StriderTol Bot change)
Line 1: Line 1:
{{Adams
{{Adams
| number = ML15105A447
| number = ML112580018
| issue date = 07/20/2015
| issue date = 05/31/2012
| title = Guidance for ITAAC Closure Under 10 CFR Part 52
| title = Guidance for ITAAC Closure Under 10 CFR Part 52
| author name = Gaslevic J
| author name =  
| author affiliation = NRC/NRO/DCIP
| author affiliation = NRC/RES
| addressee name =  
| addressee name =  
| addressee affiliation =  
| addressee affiliation =  
| docket =  
| docket =  
| license number =  
| license number =  
| contact person = Burton S
| contact person = Jervey, Richard 301-251-7404
| case reference number = RG 1.215
| case reference number = DG-1250
| package number = ML15105A436
| document report number = RG-1.215, Rev 1
| document type = Regulatory Guide, Draft
| package number = ML112580016
| page count = 15
| document type = Regulatory Guide
| page count = 22
}}
}}
{{#Wiki_filter:U.S. NUCLEAR REGULATORY COMMISSION  
{{#Wiki_filter:U.S. NUCLEAR REGULATORY COMMISSION  
July 2015 OFFICE OF NUCLEAR REGULATORY RESEARCH
May 2012 Revision 1
Revision 2


REGULATORY GUIDE  
REGULATORY GUIDE  


Technical Lead James Gaslevic
OFFICE OF NUCLEAR REGULATORY RESEARCH


Written suggestions regarding this guide or development of new guides may be submitted through the NRCs public Web site under the Regulatory Guides document collection of the NRC Library at http://www.nrc.gov/reading-rm/doc-collections/reg-guides/contactus.html.
The NRC issues regulatory guides to describe and make available to the public methods that the NRC staff considers acceptable for use in implementing specific parts of the agencys regulations, techniques that the staff uses in evaluating specific problems or postulated accidents, and data that the staff needs in reviewing applications for permits and licenses. Regulatory guides are not substitutes for regulations, and compliance with them is not required. Methods and solutions that differ from those set forth in regulatory guides will be deemed acceptable if they provide a basis for the findings required for the issuance or continuance of a permit or license by the Commission.


Electronic copies of this regulatory guide, previous versions of this guide, and other recently issued guides are available through the NRCs public Web site under the Regulatory Guides document collection of the NRC Library at http://www.nrc.gov/reading-rm/doc-collections/. The regulatory guide is also available through the NRCs Agencywide Documents Access and Management System (ADAMS) at http://www.nrc.gov/reading-rm/adams.html, under ADAMS Accession No. ML15105A447. The regulatory analysis may be found in ADAMS
This guide was issued after consideration of comments received from the public.
under Accession No. ML14258B184 and the staff responses to the public comments on DG-1316 may be found under ADAMS Accession No.


ML15105A446.
Regulatory guides are issued in 10 broad divisions:  1, Power Reactors; 2, Research and Test Reactors; 3, Fuels and Materials Facilities; 4, Environmental and Siting; 5, Materials and Plant Protection; 6, Products; 7, Transportation; 8, Occupational Health;
9, Antitrust and Financial Review; and 10, General.


REGULATORY GUIDE 1.215 (Draft was issued as DG-1316, dated December 2014)
Electronic copies of this guide and other recently issued guides are available through the NRCs public Web site under the Regulatory Guides document collection of the NRC Library at http://www.nrc.gov/reading-rm/doc-collections/ and through the NRCs Agencywide Documents Access and Management System (ADAMS) at http://www.nrc.gov/reading-rm/adams.html, under Accession No. ML112580018.  The regulatory analysis may be found in ADAMS under Accession No. ML102530440.
 
REGULATORY GUIDE 1.215 (Draft was issued as DG-1250, dated May 2011)  


GUIDANCE FOR ITAAC CLOSURE UNDER 10 CFR PART 52  
GUIDANCE FOR ITAAC CLOSURE UNDER 10 CFR PART 52  


==A. INTRODUCTION==
==A. INTRODUCTION==
Purpose
This guide describes a method that the staff of the U.S. Nuclear Regulatory Commission (NRC)
considers acceptable for use in satisfying the requirements for documenting the completion of inspections, tests, analyses, and acceptance criteria (ITAAC).  In particular, this guide endorses the methodologies described in industry guidance document Nuclear Energy Institute (NEI) 08-01, Industry Guideline for the ITAAC Closure Process under 10 CFR Part 52, Revision 4, issued July 2010 (Ref. 1), for the implementation of Title 10, Section 52.99, Inspection during Construction, of the Code of Federal Regulations (10 CFR 52.99) (Ref. 2).
 
This regulatory guide contains information collection requirements covered by 10 CFR Part 52 that the Office of Management and Budget (OMB) approved under OMB control number 3150-0151.
 
The NRC may neither conduct nor sponsor, and a person is not required to respond to, an information collection request or requirement unless the requesting document displays a currently valid OMB control number.  This regulatory guide is a rule as designated in the Congressional Review Act (5 U.S.C. 801-
808).  However, OMB has not found it to be a major rule as designated in the Congressional Review Act.
 
Rev. 1 of RG 1.215, Page 2
 
==B. DISCUSSION==
Background 
 
The regulation at 10 CFR 52.99 includes requirements for documenting and reporting the satisfaction of the acceptance criteria for each ITAAC contained in a combined license (COL). 
 
This regulatory guide provides guidance on licensee notifications to the NRC for completed and uncompleted ITAAC, post-closure notifications on ITAAC maintenance activities, and notifications declaring that the licensee has completed all ITAAC contained in the COL.  The NRC uses these notifications to determine whether the licensee has successfully completed ITAAC, to verify that acceptance criteria are met, to facilitate public participation in the ITAAC hearing process, and to plan inspections.  This regulatory guide describes methods that the NRC staff considers acceptable for licensees to use for documenting, reporting, and maintaining the satisfactory completion of the acceptance criteria for each ITAAC contained in the COL.  This regulatory guide, through its endorsement of an industry guidance document for licensees, provides guidance on complying with the requirements in
10 CFR 52.99.
 
Development of Industry Guideline Document NEI 08-01
 
In accordance with 10 CFR 52.97(b), COLs must contain ITAAC that are necessary and sufficient to provide reasonable assurance that the facility has been constructed and will be operated in accordance with the license; the Atomic Energy Act of 1954, as amended; and NRC regulations.  After issuance of a COL, a licensee completes all of the ITAAC contained in the COL during construction and submits notifications to the NRC under 10 CFR 52.99.
 
The regulation at 10 CFR 52.99 requires the licensee to submit several types of ITAAC
notifications to the NRC.  The licensee must submit the first type of ITAAC notification (ITAAC closure notification) in accordance with 10 CFR 52.99(c)(1).  The ITAAC closure notification, which is referred to as either an ITAAC closure letter or an ITAAC completion notification in NEI 08-01, must inform the NRC of the basis for the licensees determination that it has successfully completed an ITAAC.  ITAAC
closure notifications must be submitted for all ITAAC, with the exception of those ITAAC resolved at COL issuance under 10 CFR 52.97(a)(2).  The second type of ITAAC notification, an ITAAC post- closure notification (also referred to as a supplemental ITAAC closure notification) is governed by
10 CFR 52.99(c)(2) and would apply to ITAAC for which an ITAAC closure notification has previously been submitted.  This notification would result from the occurrence and resolution of an event that materially altered the basis for determining that a prescribed inspection, test, or analysis was performed as required, or for finding that a prescribed acceptance criterion is met.  This supplemental ITAAC closure notification would describe the resolution of the circumstances surrounding the identification of new material information, and would need to contain sufficient information to demonstrate that, notwithstanding the new information, the prescribed inspections, tests, or analyses have been performed as required and the prescribed acceptance criteria are met.  The licensee must submit the third type of ITAAC notification (uncomplete ITAAC notification) in accordance with 10 CFR 52.99(c)(3) at least 225 days before the scheduled initial loading of fuel.  An uncomplete ITAAC notification must describe how the licensee will successfully complete all uncompleted ITAAC before fuel is loaded.  The final type of notification under 10 CFR 52.99(c)(4) informs the NRC that the licensee has successfully completed all ITAAC in the COL.
 
Operation (which includes loading fuel) cannot commence until the Commission finds under 10
CFR 52.103(g) that all acceptance criteria in the COL are met.  To provide a basis for the Commissions
 
Rev. 1 of RG 1.215, Page 3 finding that all acceptance criteria are met, and to ensure that ITAAC closure notifications contain sufficient information to satisfy 10 CFR 52.99, the licensee can follow the industry guidelines in NEI 08-01, with the exceptions and additional guidance discussed below.
 
The following sections of NEI 08-01 provide guidance for licensees on major aspects of the ITAAC closure process: 
 
*
Introduction
*
Definitions
*
General Description of 10 CFR Part 52 and ITAAC Processes
 
o Role of ITAAC in 10 CFR Part 52 Process o
ITAAC Closure Process o
General Description of Public Hearing Opportunity o
Summary Description of 10 CFR 52.103 Process and Fuel Load Authorization Process
 
*
Schedule Considerations for ITAAC-Related Activities and Coordination To Support NRC
Inspection Planning
 
o Proprietary Construction Schedule Information o
Licensee Schedule Coordination
 
*
Licensee Process for Review and Preparation of ITAAC Closure Letters
 
o Guidance for Oversight of ITAAC Closure Activities and Maintenance of Records o
Standard Format for ITAAC Closure Packages o
Licensee Corrective Action Process
 
*
Guidance on Sufficient Information for ITAAC Closure Letters
*
Guidance on Sufficient Information for 225-Day Notification of Uncompleted ITAAC
*
Special Topics
 
o Maintaining the Validity of ITAAC Conclusions Post-ITAAC Completion o
Design Acceptance Criteria o
Subsequent COL ITAAC Closure o
Non-ITAAC Systems o
Guidance for Inspections, Tests, or Analyses Performed at Other than Final Installed Location
 
*
Acronyms
*
Appendix AExcerpts from 10 CFR Part 52
*
Appendix BReserved
*
Appendix CGeneral Description of Common ITAAC Acceptance Criteria Categories
*
Appendix DITAAC Closure Letter Template and Examples
*
Appendix E225-Day Notification Template and Examples
*
Appendix FAll ITAAC Complete Letter Template
*
Appendix GITAAC Maintenance Prompt Notification Template
*
Appendix HITAAC Maintenance Examples
*
Appendix ISample Supplemental ITAAC Closure Letters
 
Rev. 1 of RG 1.215, Page 4 Guidelines on ITAAC Closure Development and Documentation in NEI 08-01
 
The staff endorses NEI 08-01, Revision 4, as an acceptable method of complying with the requirements in 10 CFR 52.99, subject to the comments below.  NEI 08-01 provides guidance for licensees on major aspects of the ITAAC closure process in the following sections.
 
Section 1 of NEI 08-01 provides an introduction to the document, a description and the purpose of ITAAC, and the scope of topics that it covers.
 
Section 2 of NEI 08-01 provides a list of definitions for terminology used in the guide.  Some of these definitions will reappear in other documents, such as COL applications, design certification applications, and other supporting documents.  The first several certified designs use the following definition for as-built:
 
As-built means the physical properties of the structure, system, or component following the completion of its installation or construction activities at its final location at the plant site.
 
NEI 08-01 defines as-built as follows:
 
As-built means the physical properties of a structure, system, or component following the completion of its installation or construction activities at its final location at the plant site.
 
In cases where it is technically justifiable, determination of physical properties of the as-built structure, system, or component may be based on measurements, inspections, or tests that occur prior to installation, provided that subsequent fabrication, handling, installation, and testing do not alter the properties.
 
To the extent that a design certifications definition of as-built differs from the definition in NEI 08-01, COL licensees referencing the design certification are, of course, bound by the definitions in the design certification rather than by the definitions in NEI 08-01, unless they seek an exemption from the Tier 1 definition.  The NRC staff believes that the NEI 08-01 definition of as-built could form the basis for a Tier 1 definition of as-built in future design certifications, design certification amendments, and plant-specific exemptions to already certified designs.
 
The licensee should ordinarily perform as-built inspections, tests, and analyses of ITAAC
structures, systems, and components (SSCs) after installation and construction activities at the final location at the plant site.  Section 3.1.4 of NEI 08-01 acknowledges that it may be appropriate to perform inspections or tests before final installation (e.g., measuring an interior dimension before the final assembly of a valve).  Section 8.5 of NEI 08-01 provides detailed information on the successful application of the NEI 08-01 definition of as-built to inspections, tests, and analyses performed at locations other than the final location at the plant site.
 
Section 3 of NEI 08-01 generally describes the ITAAC process in Subpart A, Early Site Permits, Subpart B, Standard Design Certifications, and Subpart C, Combined Licenses, of
10 CFR Part 52, Licenses, Certifications, and Approvals for Nuclear Power Plants.  The ITAAC closure process described in NEI 08-01 is consistent with 10 CFR 52.99 requirements for verifying that the construction of a new nuclear plant matches the design and the acceptance criteria included in the COL.
 
Section 3 also discusses public hearing opportunities during construction and provides a summary description of the process under 10 CFR 52.103, Operation under a Combined License, and its associated fuel load authorization process.  Section 8.1 of NEI 08-01discusses in detail the additional
 
Rev. 1 of RG 1.215, Page 5 notifications introduced in Section 3 after the licensee submits the ITAAC closure notification.
 
Appendix A to this regulatory guide contains the text of 10 CFR 52.99.
 
Section 4 of NEI 08-01 provides information on schedule considerations for ITAAC-related activities and on the coordination necessary to support NRC inspection plannin
 
====g. In accordance with ====
10 CFR 52.99(a), the licensee is required to submit an ITAAC closure schedule at 6-month intervals during plant construction.  Within 1 year of the loading of fuel, that interval will decrease to 30 days.  The information provided by the licensee, including the ITAAC closure schedule, will be used by the NRC in developing the NRCs inspection activities and activities necessary to support the Commissions finding of whether all of the ITAAC acceptance criteria are met before the licensees scheduled date for fuel load.
 
The NRC will consider any licensee claims that the submitted schedule is proprietary and should be withheld from public release under the Freedom of Information Act and 10 CFR 2.390, Public Inspections, Exemptions, Requests for Withholding (Ref. 3).
 
As described in SECY 06-0114, Description of the Construction Inspection Program for Plants Licensed under Part 52, licensees may submit a single affidavit to request that schedule information be held as proprietary under 10 CFR 2.390.  SECY 06-0114 states as follows: 
 
Because the nature of the information would not change from initial submittal to update, no additional proprietary determinations would be needed and routine schedule updates from the licensee would be considered proprietary and would be withheld from the public without further evaluation. This approach would allow for a single proprietary determination, limited to the schedule and its updates, that would apply to an entire construction project.
 
If not already included in the schedule information provided in accordance with Section 52.99(a),
licensees should provide a Level 3 schedule of ITAAC-related activities on site and off site (in vendor shops).  These detailed schedules will further allow the staff to plan its oversight activities.
 
The NRC expects to issue COLs which include an appendix that contains a complete, integrated list of ITAAC for each licensed unit, drawn from the design control document, early site permit (ESP),
limited work authorization (LWA), and COL application, as applicable.  The NRC expects that licensees will submit ITAAC closure notifications using the nomenclature and numbering scheme of the ITAAC
identified in the COL.  This will minimize errors and ensure consistent referencing of specific ITAAC by the licensee, the NRC, and the public.
 
Section 5 of NEI 08-01 provides guidance on the licensee process for the preparation and review of the notifications required by 10 CFR 52.99.  This section also provides guidance for the licensee oversight of ITAAC closure activities and the maintenance of records referenced by the ITAAC closure notifications.  In addition, Section 5 of NEI 08-01 provides an outline of ITAAC completion packages.
 
Section 5 also discusses licensee corrective action processes that address the identification and correction of deficiencies and the prevention of their recurrence as they relate to ITAAC completion.
 
Section 6 of NEI 08-01 provides guidance on the amount of information that ITAAC closure notifications must contain.  ITAAC closure notifications must contain sufficient information to allow the NRC to determine whether the ITAAC have been successfully completed.  According to the Statements of Consideration for the 2007 10 CFR Part 52 rule, the closure notifications mandated by
10 CFR 52.99(c)(1) must also include sufficient information so that interested persons will have access to information about completed ITAAC at a level of detail sufficient to address the Atomic Energy Acts Section 189.a(1)(B) threshold for requesting a hearing on whether the acceptance criteria have been, or will be, met (Ref. 4). 
 
Rev. 1 of RG 1.215, Page 6 The NEI guidance appropriately reflects that the NRC expects the notification of ITAAC
completion to contain more information than just a simple statement that the licensee has completed the ITAAC and has met the acceptance criteria.  The NRC expects the notification to be sufficiently complete and detailed for a reasonable person to understand the bases for the licensees representation that it has successfully completed the inspections, tests, and analyses and has met the acceptance criteria.  The term sufficient information requires, at a minimum, a summary description of the bases for the licensees conclusion that it has performed the inspections, tests, or analyses and that it has met the prescribed acceptance criteria (Ref. 4).
 
Each 10 CFR 52.99(c)(1) submittal should include sufficient information on the attributes that validate that the licensee has satisfied the acceptance criteria.  The licensee should copy the ITAAC
directly from the COL to the ITAAC statement.  The ITAAC determination basis (IDB) should include a clearly written description of how the licensee completed the inspections, tests, or analyses and should explain how it met the acceptance criteria.  The licensee should provide enough detail about each inspection, test, or analysis to clearly indicate how it was completed and should state its results.  The licensee should then compare the results to the acceptance criteria and should include the bases for its conclusion that the acceptance criteria have been met.  The submittal should also include ITAAC-related construction findings related to the ITAAC and their closure status, confirmation from the licensees official representative that the licensee has met the acceptance criteria, and a list of references applicable to the ITAAC and available for NRC review.  Appendix D to NEI 08-01 presents examples of ITAAC
closure notifications.
 
The regulation in 10 CFR 52.99(e)(2) (Appendix A to this regulatory guide) requires that the NRC make publicly available the licensee notifications under 10 CFR 52.99(c).  Licensees should, to the extent possible, exclude sensitive or proprietary information that would otherwise be withheld under
10 CFR 2.390 in these notifications.  If it is necessary to include such information, both public and nonpublic versions of the notification should be submitted.
 
In an effort to reduce a large surge in ITAAC closure notification submittals late in the construction period, licensees should submit closure notifications as soon as possible.  Because of the nature of how ITAAC are normally developed, many complex ITAAC cannot be closed until larger systems have been fully completed.  In cases in which these complex ITAAC have distinct, individual acceptance criteria for which licensees can demonstrate satisfaction earlier rather than waiting for closure of the entire ITAAC, they may submit those completed portions early.  These partial submittals will follow the same format as the 10 CFR 52.99(c)(1) notifications and will identify what has been completed and what has not been completed.  The partial submittals will not close the entire ITAAC but instead will lessen the burden of verifying ITAAC that have been completed over a long period of time.  Each partial submittal of a complex ITAAC should describe all work performed to date and reference any previous submittals on the licensees progress in completing the ITAAC.  The final closure notification will be a stand-alone 10 CFR 52.99(c)(1) notification that comprises the information previously submitted in the partial closure notifications and will need to include all of the information that correctly shows the progression of the closure of the ITAAC.
 
Section 7 of NEI 08-01 provides guidance on sufficient information for the 225-day notification of uncompleted ITAAC.  The 225-day notification mandated by 10 CFR 52.99(c)(3) must include sufficient information so that interested persons will have information about uncompleted ITAAC at a level of detail sufficient to address the Atomic Energy Acts Section 189.a(1)(B) threshold for requesting a hearing on whether the acceptance criteria have been, or will be, met (Ref. 4).  The uncomplete ITAAC
notification will be a predictive summary of how the licensee plans to complete the ITAAC that are not completed by 225 days before the scheduled loading of fuel.  The partial closure notification submittals on complex ITAAC proposed in the discussion of NEI 08-01, Section 6, above do not replace the
 
Rev. 1 of RG 1.215, Page 7 requirement for the 10 CFR 52.99(c)(3) notifications.  If, at 225 days before the scheduled loading of fuel, these complex ITAAC are uncomplete, a 10 CFR 52.99(c)(3) notification will be required for each ITAAC regardless of the partial submittals made on the completed portions.
 
The licensee must demonstrate that it will comply with the ITAAC, and it must provide sufficient information to demonstrate that it will perform the prescribed inspections, tests, or analyses and will meet the prescribed acceptance criteria for the uncompleted ITAAC.  The term sufficient information requires, at a minimum, a summary description of the bases for the licensees conclusion that it will perform the inspections, tests, or analyses and that it will meet the prescribed acceptance criteria (Ref. 4). 
In addition, sufficient information includes, but is not limited to, a description of the specific procedures and analytical methods that the licensee will use to perform the inspections, tests, and analyses and to determine that it has met the acceptance criteria (Ref. 2).
 
Each 10 CFR 52.99(c)(3) notification should include sufficient information for both the completed and uncompleted elements of the ITAAC.  The licensee should copy the ITAAC directly from the COL to the ITAAC statement.  Items that the licensee has completed toward ITAAC closure should be accompanied by a clearly written description that describes how it completed those portions of the inspections, tests, or analyses.  Items that remain uncomplete for ITAAC closure should be accompanied by a clearly written description that describes how the licensee expects to complete those portions of the inspections, tests, or analyses and that subsequently concludes that the acceptance criteria will be met.
 
The licensee should include enough detail on each inspection, test, or analysis for both completed and uncompleted portions to clearly indicate how it completed, or will complete, those portions.  The submittal should also include a schedule for completing the ITAAC and a list of references applicable to the ITAAC and available for NRC review.  Appendix E to NEI 08-01 presents examples of uncomplete notifications.
 
Section 8 of NEI 08-01 discusses special topics, including ITAAC maintenance, design acceptance criteria (DAC); subsequent COL ITAAC closure; non-ITAAC systems; and guidance for inspections, tests, or analyses performed at locations other than the final installed location.
 
The regulation at 10 CFR 52.103(g) states, The licensee shall not operate the facility until the Commission makes a finding that the acceptance criteria in the combined license are met.  Following the completion of any ITAAC, the licensee must maintain the validity of the acceptance criteria of the closed ITAAC to support the Commissions finding that the acceptance criteria are me
 
====t. The ITAAC ====
maintenance period for any completed ITAAC is the period between the submission of an ITAAC closure notification in accordance with 10 CFR 52.99(c)(1) and an affirmative 10 CFR 52.103(g) finding.  An acceptable licensee approach to maintaining ITAAC provides the NRC with confidence that the acceptance criteria continue to be met at the conclusion of construction when the Commission makes a determination under 10 CFR 52.103(g).  One proposed method that the licensee can use to meet this requirement is to include ITAAC maintenance provisions in programs such as the quality assurance (QA)
program, the maintenance program, the corrective action program, and the design and configuration control program.  These ITAAC maintenance provisions should include licensee plans and programs to ensure that activities affecting successfully completed ITAAC do not invalidate the conclusion that the acceptance criteria are met.  Section 8.1.1 of NEI 08-01 addresses the attributes that licensees should include in their programs for maintaining the validity of successfully completed ITAAC.  Specifically, Section 8.1.1 lists the QA program, the construction corrective action processes, the design and configuration control program, and the construction and maintenance program as available programs to which attributes can be added to facilitate successful ITAAC maintenance.  The design and configuration control program should include an assessment and evaluation that confirms that the ITAAC potentially affected by a proposed change are still valid and assures the functionality originally intended.


This regulatory guide (RG) describes a method that the staff of the U.S. Nuclear Regulatory Commission (NRC) considers acceptable for use in satisfying the requirements for documenting the completion of inspections, tests, analyses, and acceptance criteria (ITAAC) for the implementation of Title 10 of the Code of Federal Regulations, (10 CFR) 52.99 Inspection during construction; ITAAC
Rev. 1 of RG 1.215, Page 8 While the section focuses mainly on the construction of components, systems, and buildings, this section also applies to the maintenance of emergency preparedness and security ITAAC.  Although Sections 3.2, 8.1, and 8.2 of NEI 08-01 discuss the need for license amendments and exemptions in the ITAAC context, Appendix B to this regulatory guide contains Enclosure 1 to SECY-10-0100, Staff Progress in Resolving Issues Associated with Inspections, Tests, Analyses, and Acceptance Criteria, dated August 5, 2010 (Ref. 7), which is a more detailed discussion specifically focused on issues associated with ITAAC maintenance.
schedules and notifications; NRC notices (Ref. 1).


Applicable Regulations  
Section 8.1.2 of NEI 08-01 includes thresholds for determining when a licensee should notify the NRC of new information that it has discovered after the submission of an ITAAC closure notification or the All ITAAC Complete notification. During the development of the changes to 10 CFR 52.99, the staff revised its characterization of the reporting thresholds.  This characterization differs slightly from that used in NEI 08-01, as follows:


*  
*  
As required by 10 CFR 52.99, licensees must notify the NRC that the prescribed inspections, tests, and analyses have been performed and that the prescribed acceptance criteria are met for each ITAAC included in their combined license (COL). The ITAAC closure notifications (ICNs)
Material Error or OmissionIs there a material error or omission in the original ITAAC closure notification?
shall contain sufficient information to demonstrate that the prescribed inspections, tests and analyses have been performed and that the prescribed acceptance criteria are met. Licensees must also notify the NRC of new information that materially alters the determination basis for a previously completed ITAAC, including how this new information was resolved, during the ITAAC maintenance phase. At or before 225 days before scheduled fuel load, licensees must notify the NRC on how uncompleted ITAAC will be completed, including the specific procedures and analytical methods to be used to complete the ITAAC. Lastly, the licensee must notify the NRC when all ITAAC included in its COL have been completed.


*  
*  
As required by 10 CFR 52.97 Issuance of combined licenses, COLs must contain ITAAC that are necessary and sufficient to provide reasonable assurance that the facility has been constructed and will be operated in accordance with the license; the Atomic Energy Act of 1954, as amended;
Postwork Verification (PWV)Will the PWV use a significantly different approach than the original performance of the inspection, test, or analysis as described in the original ITAAC
and NRC rules and regulations.
notification?


Purpose of Regulatory Guides
*
Engineering ChangesWill an engineering change be made that materially alters the determination that the acceptance criteria are met?


The NRC issues RGs to describe to the public methods that the staff considers acceptable for use in implementing specific parts of the agencys regulations, to explain techniques that the staff uses in evaluating specific problems or postulated events, and to provide guidance to applicant
*
Additional Items To Be VerifiedWill there be additional items that need to be verified through the ITAAC?


====s. Regulatory ====
*
Complete and Valid ITAAC RepresentationWill any other licensee activities materially alter the ITAAC determination basis?


RG 1.215, Rev.2, Page 2 guides are not substitutes for regulations and compliance with them is not required. Methods and solutions that differ from those set forth in RGs are acceptable if they provide a basis for licensing or other regulatory findings by the Commission.
Each threshold listed in Section 8.1.2 of NEI 08-01 provides a supporting example explaining whether an ITAAC post-closure notification would be necessary. The example accompanying Threshold 1 in Section 8.1.2 of NEI 08-01 should add the following language in italics to clarify this additional reporting requirement:


Paperwork Reduction Act
Example:  The AC states that 300 gpm [gallons per minute] flow passes through an MOV.  The MOV is replaced and water cannot be flowed through the valve as part of the PWV to verify the AC continues to be met.  Instead, the valve is stroked and an engineering analysis that verifies 300-gpm flow under all applicable conditions is performed to validate the AC.  This would be an acceptable means to meet the AC


This RG contains information collection requirements covered by 10 CFR Part 52 (Licenses, Certifications, and Approvals for Nuclear Power Plants) that the Office of Management and Budget (OMB) approved under OMB control number 3150-0151. The NRC may neither conduct nor sponsor, and a person is not required to respond to, an information collection request or requirement unless the requesting document displays a currently valid OMB control number.
To ensure that the ITAAC continue to be met, the analysis in the PWV must specifically focus on the same acceptance criteria parameters that were measured in the original ITAAC performance.


==B. DISCUSSION==
Section 8.1.2 of NEI 08-01 also discusses the timing of notifications to the NRC, specifically, the determination of the need to submit an ITAAC post-closure notification.  Licensees should notify the NRC within 7 days of determining the need to submit a 10 CFR 52.99(c)(2) notification.  Appendix G to NEI 08-01 contains a template to use for making such early notifications.
Reason for Revision


This revision (Revision 2) of RG 1.215 approves for use Nuclear Energy Institute (NEI) 08-01, Industry Guideline for the ITAAC Closure Process under 10 CFR Part 52, Revision 5 - Corrected (Ref. 2), subject to certain exceptions and additional guidance described in this regulatory guide under Section C, Staff Regulatory Guidance. NEI 08-01, Revision 5 - Corrected, was updated to include additional guidance related to ITAAC maintenance, lessons learned from simulated ITAAC closure implementation, changes to the information and formatting guidance for uncompleted ITAAC
Rev. 1 of RG 1.215, Page 9 Section 8.1.3 of NEI 08-01 includes guidance on developing the All ITAAC Complete notification that is required by 10 CFR 52.99(c)(4).  If, after filing the All ITAAC Complete notification, the licensee identifies new information material to the basis for determining that a prescribed inspection, test, or analysis was performed as required or for finding that a prescribed acceptance criterion is met, it should determine whether that information materially alters the basis for the ITAAC  
notifications, and other enhancements. The revised industry guidelines also contain additional examples of ITAAC closure notifications (ICNs) that were discussed during numerous public meetings between the NRC and industry.
determination such that notification is required by 10 CFR 52.99(c)(2).  If that is the case, the licensee should make an ITAAC maintenance prompt notification within 24 hours of determining that the new information exceeds a notification threshold, and should follow the format presented in Appendix G of NEI 08-01.  Section 8.1.3 of NEI 08-01 recommends that the licensee should evaluate new information or conditions expeditiously to determine if a notification threshold is exceeded during this period before the 10 CFR 52.103(g) finding.


The original version of this RG was issued in October 2009 (Ref. 3), and approved for use NEI  
Section 8.2 of NEI 08-01 addresses DAC, which are a subset and special type of ITAAC. The staff defined DAC in SECY-92-053, Use of Design Acceptance Criteria during 10 CFR Part 52 Design Certification Reviews, dated February 19, 1992 (Ref. 5), to address design areas that rapidly change or for which sufficient as-built (or as-procured) information is unavailable to support design analysis. For example, digital instrumentation and control is a rapidly changing design area, and freezing its associated design details early in a design certification stage could make implementation of the certified design impractical for COL holders because the final instrumentation and control design and installation would be completed years after the design certification was completed.
08-01, Revision 3, issued January 2009 (Ref. 4). NEI 08-01 provided generic guidance for the ITAAC
closure program for new nuclear plants licensed under 10 CFR Part 52, and was developed following discussions with the NRC during the period 2007 to 2008. The document provided a common framework and understanding of the 10 CFR Part 52 ITAAC closure process to all stakeholders. Revision 1 of this RG, issued May 2012 (Ref. 5), approved for use NEI 08-01, Revision 4, issued July 2010 (Ref. 6).  
Revision 4 included additional guidance related to maintaining the validity of ITAAC conclusions following the submittal of ICNs in support of the final ITAAC finding required by 10 CFR 52.103(g) that all acceptance criteria are met.


The current revision of NEI 08-01 has numerous changes and additions from the 2010 version.
DAC set forth the processes and acceptance criteria for completing design detail.  DAC can be resolved through three different options:  (1) an amendment to the design certification (generic), (2) a submittal as part of the COL application (plant specific), and (3) closure of the DAC during construction (plant specific).  The NRC staff prefers to resolve DAC through the amendment of the design certification rule or to resolve DAC through the COL application review process because these two scenarios would be completed before construction begins.


The first of these changes are updates to and additional definitions in Section 2 of the document. The second set of changes relate to ITAAC maintenance and include the following:  (1) changes to conform to the final ITAAC maintenance rule and the guidance in RG 1.215, Rev. 1, (2) guidance on ITAAC
As-built ITAAC will be used to demonstrate that the as-built facility conforms to the licensing basis. The successful completion of the as-built ITAAC will be documented through the ITAAC closure documentation process described in NEI 08-01.
maintenance for Design Acceptance Criteria (DAC) and Design Reliability Assurance Program (D-RAP)
ITAAC, and (3) revisions to several ITAAC maintenance examples in Appendix H. The third change in the latest revision of NEI 08-01 is the modification of existing ITAAC closure notification guidance and examples to reflect lessons learned regarding content expectations for ITAAC closure notifications. The fourth change is the addition of new ITAAC closure notification examples to cover additional technical areas related to ITAAC. The fifth set of changes is to the information and formatting guidance for uncompleted ITAAC notifications.  After these changes, the format of uncompleted ITAAC notifications better match the format of ITAAC closure notifications, which will make it easier for readers to compare an uncompleted ITAAC notification with a later ITAAC closure notification on the same ITAAC. Also, the uncompleted ITAAC notifications now focus more on the methods for completing the ITAAC than on


RG 1.215, Rev.2, Page 3 the schedule for completing ITAAC activities. Furthermore, the NRC staff has accepted NEIs proposal to use ITAAC closure notification examples to inform the content expectations for uncompleted ITAAC
The DAC review and inspection process is currently being developed. Detailed guidance on NRC review and inspection of DAC will be documented as appropriate in Inspection Manual Chapter
notifications because the revised and improved ITAAC closure notification examples meet the specific procedures and analytical methods standard for uncompleted ITAAC notifications.
2503 (ITAAC Inspection) and corresponding inspection procedures.


The sixth set of changes adds guidance on the kind of D-RAP ITAAC that is acceptable for inclusion in a COL, on methods for closing such ITAAC, and on the relationship between D-RAP ITAAC
ITAAC closure might involve closure notifications that are common to each licensee of a particular design.  After the licensee submits the 10 CFR 52.99(c)(1) closure notification on a common issue to the NRC, subsequent licensees could submit notifications referencing identical information;
closure and engineering design verification inspections. The seventh change adds guidance on the closure of reference ITAAC, i.e., ITAAC that have an entry in the Design Commitment column, but the Inspections, Tests, Analyses and Acceptance Criteria fields contain only a reference to another ITAAC. The eighth change is a revised discussion on licensee practices for compiling ITAAC completion packages. The ninth change is the addition of guidance on mitigating and managing issues associated with the large number of ITAAC that are expected to be completed in the last year of construction. The tenth change is the incorporation of guidance in RG 1.215, Revision 1, on the topics of sensitive information in ITAAC notifications and partial ITAAC closure notifications.
however, licensees must provide plant-specific information concerning acceptance criteria that require field activities, such as inspection of as-built SSCs or testing to verify the ability of installed SSCs to perform required functions.


Background 
Section 8.3 of NEI 08-01 includes information on subsequent COL ITAAC closure.


The regulation 10 CFR 52.99 includes requirements for documenting and reporting that the inspections, tests, and analyses have been performed and that the acceptance criteria for each ITAAC  
Section 8.4 of NEI 08-01 describes non-ITAAC systems. A non-ITAAC system might not have design commitments specifically listed under its system title; however, in some cases, it may have design commitments listed under another system title.
contained in a COL are met. It also sets forth requirements for notifying the NRC of uncompleted ITAAC, of potential changes in the completion status of ITAAC previously reported to the NRC as being met, and when all ITAAC are complete.


This RG provides guidance on licensee notifications to the NRC for completed and uncompleted ITAAC, post-closure notifications on ITAAC maintenance activities, and notifications declaring that the licensee has completed all ITAAC contained in the COL. The NRC uses these notifications to determine whether the licensee has successfully completed ITAAC, to verify that acceptance criteria are met, to facilitate public participation in the ITAAC hearing process, and to plan inspections. This RG, through its approval for use of an industry guidance document, describes methods that the NRC staff considers acceptable for licensees to use for documenting, reporting, and maintaining the satisfactory completion of the ITAAC in the COL as required by10 CFR 52.99.
Section 8.5 of NEI 08-01 includes guidance for inspections, tests, or analyses performed at locations other than the final installed locations for licensees using the definition of as-built provided in  


Types of ITAAC Notifications  
Rev. 1 of RG 1.215, Page 10
NEI 08-01.  For ITAAC that specify that the inspection, test, or analysis is to be performed as built, licensees may take credit for inspections, tests, or analyses performed at locations other than the final installed location provided that it is technically justifiable to do so. NEI 08-01 provides guidance on when it is technically justifiable for the licensee to take credit for inspections, tests, and analyses performed at locations other than the final installed location for as-built ITAAC.


The regulation 10 CFR 52.99 requires licensees to submit several types of ITAAC notifications to the NRC. The first type of ITAAC notification (ITAAC closure notification) must be submitted by the licensees in accordance with 10 CFR 52.99(c)(1). The ITAAC closure notification must inform the NRC
For the as-built inspections and tests detailed in Section 8.5 of NEI 08-01, if a question exists about whether an item falls into the category of standard industry practice for the performance of inspections or tests at locations other than the final installed location, the licensee is responsible for demonstrating that the actions taken were standard industry practice. The licensee should include this information in the 10 CFR 52.99(c)(1) notification. Inspections and tests performed at other than the final installed locations and designated as standard industry practice must still be technically justifiable.  For example, Section 8.5 of NEI 08-01 recognizes that, for an inspection or test at other than the final installed location to be technically justifiable, it must be both in accordance with standard industry practice and also specified in procurement specifications. This section of NEI 08-01specifies that inspections of structures or components performed at other than the final installed location may be used as part of the IDB, provided that it is standard industry practice and specified in procurement specifications or in accordance with NRC regulatory guidance.
of the basis for the licensees determination that it has successfully completed an ITAAC. ITAAC closure notifications must be submitted for all ITAAC, with the exception of those ITAAC resolved at COL
issuance under 10 CFR 52.97(a)(2). The second type of ITAAC notification, an ITAAC post-closure notification (formerly referred to as a supplemental ITAAC closure notification) is governed by
10 CFR 52.99(c)(2) and would apply to ITAAC for which an ITAAC closure notification has previously been submitted. This notification would result from the occurrence and resolution of an event that materially altered the basis for determining that a prescribed inspection, test, or analysis was performed as required, or for finding that a prescribed acceptance criterion is met. This ITAAC post-closure notification would describe the resolution of the circumstances surrounding the identification of new material information, and would need to contain sufficient information to demonstrate that, notwithstanding the new information, the prescribed inspections, tests, or analyses have been performed as required and the prescribed acceptance criteria are met. The third type of ITAAC notification (uncompleted ITAAC notification) must be submitted by licensees in accordance with  


RG 1.215, Rev.2, Page 4
Section 9 of NEI 08-01 provides a list of acronyms used in the guide.
10 CFR 52.99(c)(3) at least 225 days before the scheduled initial loading of fuel. An uncompleted ITAAC
notification must describe how the licensee will successfully complete all uncompleted ITAAC before fuel is loaded. The final type of notification under 10 CFR 52.99(c)(4) informs the NRC that the licensee has successfully completed all ITAAC in the COL.


Definitions and Terminology in NEI 08-01 for ITAAC Notifications
Appendix A to NEI 08-01 provides excerpts from 10 CFR Part 52, reflecting amendments through August 2007, that are applicable to the areas of discussion in the guidanc


Section 2 of NEI 08-01 provides a list of definitions for terminology. Some of these definitions will reappear in other documents, such as COL applications, design certification applications, and other supporting documents. However, the COL licensees referencing the design certification are, of course, bound by the definitions in the design certification rather than by the definitions in NEI 08-01, unless they seek an exemption from the Tier 1 definition. The NRC staff believes that the NEI 08-01 definitions could form the basis for a Tier 1 definition in future design certifications, design certification amendments, and plant-specific exemptions to already certified designs.
====e. The current text of ====
10 CFR 52.99 is not reflected in this appendix to NEI 08-01.


Appendices to this Regulatory Guide
Appendix B to NEI 08-01 is reserved for future use.


Appendix A to this RG is derived from Enclosure 1 to SECY-10-0100, Staff Progress in Resolving Issues Associated with Inspections, Tests, Analyses, and Acceptance Criteria, dated August 5, 2010 (Ref. 7). Enclosure 1 to SECY-10-0100 presents a detailed discussion of when a license amendment is required in the ITAAC maintenance context. Although Sections 3.2, 8.1, and 8.2 of NEI
Appendix C to NEI 08-01 generally describes common industry processes and practices used in performing ITAAC-related activities of common acceptance criteria categories.  These categories include calculations and analyses, test procedures, special processes, inspection programs, code design reports from the American Society of Mechanical Engineers, reports that exist and conclude that acceptance criteria are met, procurement, material control, training and qualification, and modular construction and testing.
08-01 discuss the need for license amendments and exemptions in the ITAAC context, Appendix A to this RG is a more detailed discussion specifically focused on issues associated with ITAAC maintenance.


Appendix B to this RG contains a flowchart and description for the implementation of
In addition to the topics discussed above, the staff recommends that licensees reference NUREG-0800, Chapter 17, Quality Assurance, Section 17.5(V), Nonsafety-Related SSC Quality Controls (Not Applicable to ESP Applicants), for expectations about QA use during the construction and installation of SSCs. In particular, the licensee should adapt a graded QA approach for the completion of nonsafety-related ITAAC and ITAAC associated with the regulatory treatment of nonsafety-related systems. As stated in NEI 08-01 Section 3.1.2, licensees should document ITAAC completion under their QA program because ITAAC have special regulatory significance under 10 CFR Part 52.
10 CFR 52.99 and 10 CFR 52.103(g) that the staff developed, as described in Enclosure 3 of SECY-08-0117, Staff Approach To Verify Closure of Inspections, Tests, Analyses, and Acceptance Criteria and To Implement Title 10 CFR 52.99, Inspection during Construction, and Related Portion of  
10 CFR 52.103(g) on the Commission Finding, dated August 7, 2008 (Ref. 8). This flowchart has been updated to reflect developments since SECY-08-0117. The process flowchart blocks are accompanied by numbered descriptions to further delineate each major milestone in the regulatory process for ITAAC
closure and verification, up to and including the 10 CFR 52.103(g) finding.


Harmonization with International Standards
Appendix D to NEI 08-01 provides the set of ITAAC closure notifications that were prepared during the workshops and public meetings in 2007 and 2008.  The template presented in Appendix D-1 to NEI 08-01 for these notifications required by 10 CFR 52.99(c)(1) discusses the level of detail recommended for the IDB.  The NRC encourages the licensee to provide a level of detail that is commensurate with the complexity of ITAAC completion activities.  This also applies to the technical justification for completing inspections, tests, or analyses if they are performed at locations other than the final installed location.  In cases in which it is acceptable for the licensee to perform these inspections, tests, or analyses at locations other than the final installed location, the licensee must summarize the associated technical justification in the IDB of the closure notification to establish that it has successfully


The NRC staff reviewed guidance from the International Atomic Energy Agency (IAEA),
Rev. 1 of RG 1.215, Page 11 completed the ITAAC in conformance with the definition of as-built.  This can include appropriately specific references to the generic technical justifications in Section 8.5 of NEI 08-01.
International Organization for Standardization (ISO), and International Electrotechnical Commission (IEC) and did not identify any standards that provide useful guidance to NRC staff, applicants, or licensees on ITAAC notifications, which is a regulatory concept unique to the U.S., and therefore is not within the scope of IAEA activities, the ISO or the IES.


Documents Discussed in Staff Regulatory Guidance
Appendix E to NEI 08-01 provides the set of 225-day notifications that were also prepared during the workshops and public meetings in 2007 and 2008.  Licensees can use these templates to submit notifications required by 10 CFR 52.99(c)(3).  Each template contains a statement of the full ITAAC as it is included in the COL, a section describing the bases for considering the ITAAC complete, a section for an ITAAC-related construction finding review, and a closure statement followed by a licensee representatives signature for each submittal.  Licensees must submit a 10 CFR 52.99(c)(3) notification for each uncompleted ITAAC by the 225-day milestone before the scheduled loading of fue


This RG approves for use, in part, a third-party guidance document. This third-party guidance document may contain references to other codes, standards or third party guidance documents (secondary references). If a secondary reference has itself been incorporated by reference into NRC
====l. The ====
regulations as a requirement, then licensees and applicants must comply with that standard as set forth in the regulation. If the secondary reference has been endorsed in an RG as an acceptable approach for meeting an NRC requirement, then the standard constitutes a method acceptable to the NRC staff for meeting that regulatory requirement as described in the specific RG. If the secondary reference has neither been incorporated by reference into NRC regulations nor endorsed in an RG, then the secondary
225-day notification requires additional detail about items that the licensee completed toward ITAAC
closure and about items that it must complete in the time before the 10 CFR 52.103(g) finding. The staff considers these notifications and those in Appendix D to NEI 08-01 to be examples and anticipates that differing or additional information, consistent with NEI 08-01, Section 6, Guidance on Sufficient Information for ITAAC Closure Letters, and Section 7, Guidance on Sufficient Information for
225-Day Notification of Uncompleted ITAAC, may be necessary for individual ITAAC notifications.


RG 1.215, Rev.2, Page 5 reference is neither a legally-binding requirement nor a generic NRC approved acceptable approach for meeting an NRC requirement. However, licensees and applicants may consider and use the information in the secondary reference, if appropriately justified, consistent with current regulatory practice, and consistent with applicable NRC requirements.
Licensees should review the criteria of Sections 6 and 7 of NEI 08-01 to determine the appropriate content.


C.  STAFF REGULATORY GUIDANCE
Appendix F to NEI 08-01 provides a template for the All ITAAC Complete notification that is required by 10 CFR 52.99(c)(4).  This notification is made concurrent with or after the last
10 CFR 52.99(c)(1) notification is submitted.  The All ITAAC Complete notification serves to notify the NRC that all of the inspections, tests, and analyses have been performed; all acceptance criteria have been met; and all ITAAC conclusions are being maintained.  The notification provides the staff with confidence that it can recommend an affirmative 10 CFR 52.103(g) finding by the Commission.


1.
Appendix G to NEI 08-01 provides a template for ITAAC maintenance prompt notification to inform the NRC of conditions or events that exceed the ITAAC maintenance reporting thresholds presented in the discussion on NEI 08-01, Section 8.1.2, above.  This prompt notification is to be used for events or conditions that materially alter the bases of the notifications under 10 CFR 52.99(c)(1).  


Use of NEI 08-01  
Appendix H to NEI 08-01 provides examples of ITAAC maintenance.  The examples are various scenarios and events that show whether an ITAAC post-closure notification would or would not be required.


The NRC staff considers the methods discussed in NEI 08-01, Revision 5 - Corrected, to be acceptable for complying with the provisions of 10 CFR 52.99, with the exceptions and additional guidance discussed below. The NEI 08-01 guidance for ITAAC closure notification development is considered to be applicable to all ITAAC, regardless of whether the source of the ITAAC is a generic design certification or a site-specific application. Operation (which includes loading fuel)
Appendix I to NEI 08-01 provides the template and examples of the ITAAC post-closure notification required by 10 CFR 52.99(c)(2).  
cannot commence until the NRC finds under 10 CFR 52.103(g) that all acceptance criteria in the COL are met.


a. As stated in NEI 08-01 Section 3.1.2, licensees should document ITAAC completion under their Quality Assurance (QA) program because ITAAC have special regulatory significance under 10 CFR Part 52. Licensees should refer to NUREG-0800, Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition, Chapter 17, Quality Assurance, Section 17.5, Nonsafety-Related SSC Quality Controls, (Ref. 9) for guidance on QA use during the construction and installation of SSCs. In particular, the licensee should adopt a graded QA approach for the completion of NSR ITAAC and ITAAC
Appendices to this Regulatory Guide
associated with the regulatory treatment of NSR systems.


b. The NRC expects to issue COLs which include an appendix that contains a complete, integrated list of ITAAC for each licensed unit, drawn from the design control document, early site permit (ESP), limited work authorization (LWA), and COL application, as applicable. The NRC expects that licensees will submit ITAAC closure notifications using the nomenclature and numbering scheme of the ITAAC identified in the COL. This will minimize errors and ensure consistent referencing of specific ITAAC by the licensee, the NRC, and the public. The COL ITAAC appendix is considered to be the appropriate reference since it is possible that the site-specific ITAAC could differ from the design certification document (DCD) ITAAC. This clarification is needed because some of the ITAAC notification examples identify the ITAAC as coming from a particular certified design. For the same reason, when the ITAAC notification refers to a table in the ITAAC, the reference should not be to the DCD, but should be to the table in the ITAAC appendix in the license.
Appendix A to this regulatory guide contains the text of 10 CFR 52.99.


c. All notifications on an ITAAC under 10 CFR Part 52.99 should include the ITAAC Index number and ITAAC Section number assigned to the ITAAC in the COL as part of the subject line. For example, the subject line for all submitted ICNs should state ITAAC Closure Notification on Completion of {Site Name, Unit No., ITAAC Section No., and ITAAC Index No.}. When the licenses are issued, the ITAAC are contained in an appendix to the COL and each ITAAC is given an index number that ranges from 1 to the number of ITAAC in the COL (e.g., 875 for Vogtle Unit 3). The Index number format simplifies the future identification of all notifications made on a given ITAAC in a COL. It should be noted that due to possible additions, deletions, and changes to ITAAC after COL issuance, there may not be a direct correlation between the highest ITAAC index number and the total number of
Appendix B to this regulatory guide contains Enclosure 1, Inspections, Tests, Analyses, and Acceptance Criteria Maintenance Thresholds and Associated License Amendments, to SECY-10-0100
(Ref. 7).  


RG 1.215, Rev.2, Page 6 ITAAC in a COL. The ITAAC Section number is the number assigned to the ITAAC in regard to the section of the ITAAC appendix of a COL in which the ITAAC appears.
Appendix C to this regulatory guide contains the flowchart and description for the implementation of 10 CFR 52.99 and 10 CFR 52.103(g) that the staff developed for use in public workshops, as described in Enclosure 3 of SECY-08-0117, Staff Approach To Verify Closure of Inspections, Tests, Analyses, and Acceptance Criteria and To Implement Title 10 CFR 52.99, Inspection during Construction, and Related Portion of 10 CFR 52.103(g) on the Commission Finding, dated


d. In numerous ICN examples, the determination basis simply refers to an endorsed or approved code (e.g. ASME Section III). While not required, citing the specific relevant code section(s)
Rev. 1 of RG 1.215, Page 12 August 7, 2008 (Ref. 6). The process flowchart blocks are accompanied by numbered descriptions to further delineate each major milestone in the regulatory process for ITAAC closure and verification, up to and including the Commissions 10 CFR 52.103(g) finding.
or article(s) used in performing the ITAAC can facilitate the staffs review of the ICN.


In addition, if the code or article has been endorsed by an RG, the RG should be referenced, especially if there are specific conditions or restrictions on the use of the code or article (e.g.,
C. STAFF REGULATORY GUIDANCE
use of ASME Code XXX is conducted as accepted in RG 1.YYY).  


e. Although there is no current guidance in NEI 08-01 for the content of the 10 CFR 52.103(a)
1.
scheduled fuel load notification, the staff provides the following: The initial notification should include the anticipated date (270 days in the future) of initial loading of fuel. The updates required by 10 CFR 52.103, Operation under a combined license, should include updates to the anticipated date, if applicable. In determining the anticipated date, the licensee should use NRC guidance on timeframes for the NRCs completion of its review and the making of the 10 CFR 52.103(g) finding. This NRC guidance will be developed in the future.


f. The design and configuration control program should include an assessment and evaluation that confirm that the ITAAC potentially affected by a proposed change are still valid and that assure the functionality originally intended.
NEI 08-01


g. As described above, Appendix A to this RG includes a detailed discussion of when a license amendment is required in the ITAAC maintenance context.
The NRC staff considers the methods discussed in NEI 08-01, Revision 4, to be acceptable for complying with the provisions of 10 CFR 52.99, subject to the comments above and the following position statements.  The NEI 08-01 guidance for ITAAC closure notification development is considered to be applicable to all ITAAC, regardless of whether the basis is a generic design certification or  a site-specific application.


2.
2.
Other Documents Referenced in NEI 08-01
NEI 08-01 references other documents, but this regulatory guide does not endorse any of the referenced documents.
3.


Use of Examples in NEI 08-01  
Use of Examples in NEI 08-01  


NEI 08-01 includes examples for notifications required by 10 CFR 52.99. Although these examples are intended to illustrate and reinforce the guidance in NEI 08-01, the licensee should not consider the NRCs endorsement of this industry guideline document a determination that each example applies to all licensees as it is presented and written in the guide, but rather as an example of what constitutes sufficient information for the ITAAC presented. A licensee should ensure that an example applies to its particular circumstances before implementing it. The sufficient information, required by 10 CFR 52.99(c)(1), for any individual ITAAC closure notification can only be generically guided by the examples presented in NEI 08-01, Revision 5 -
NEI 08-01 includes examples for notifications required by 10 CFR 52.99. Although these examples are intended to illustrate and reinforce the guidance in NEI 08-01, the licensee should not consider the NRCs endorsement of this industry guideline document a determination that each example applies to all licensees as it is presented and written in the guide. A licensee should ensure that an example applies to its particular circumstances before implementing it. The sufficient information, required by 10 CFR 52.99(c)(1), for any individual ITAAC closure notification can only be generically guided by the examples presented in NEI 08-01 Revision 4.
Corrected. Ultimately, sufficient information must be determined with respect to the specific facts surrounding each ITAAC performance and closure.
 
Ultimately, sufficient information must be determined with respect to the specific facts surrounding each ITAAC performance and closure.


RG 1.215, Rev.2, Page 7
4.
 
Use of Other Methods
 
Licensees may use methods other than those provided in NEI 08-01 to meet the requirements of
10 CFR 52.99.  The staff will review such methods and determine the acceptability of other methods on a case-by-case basis.
 
Rev. 1 of RG 1.215, Page 13


==D. IMPLEMENTATION==
==D. IMPLEMENTATION==
The purpose of this section is to provide information on how applicants and licensees1 may use this guide and information regarding the NRCs plans for using this RG. In addition, it describes how the NRC staff complies with 10 CFR 50.109, Backfitting, and any applicable finality provisions in 10 CFR  
The purpose of this section is to provide information on how applicants and licensees may use this guide and information regarding the NRCs plans for using this regulatory guide. In addition, it describes how the NRC staff has complied with the Backfit Rule, 10 CFR 50.109, and any applicable finality provisions in 10 CFR Part 52.
Part 52.


Use by Applicants and Licensees  
Use by Applicants and Licensees  


Applicants and licensees may voluntarily2 use the guidance in this document to demonstrate compliance with the underlying NRC regulations. Methods or solutions that differ from those described in this RG may be deemed acceptable if they provide sufficient basis and information for the NRC staff to verify that the proposed alternative demonstrates compliance with the appropriate NRC regulations.
Applicants and licensees may voluntarily use the information in this regulatory guide to develop applications for initial licenses, amendments to licenses, requests for exemptions, or NRC regulatory approval. Licensees may use the information in this regulatory guide for actions that do not require prior NRC review and approval (e.g., changes to a facility design under 10 CFR 50.59 that do not require prior NRC review and approval).  Licensees may voluntarily use the information in this regulatory guide or applicable parts to resolve regulatory or inspection issues (e.g., by committing to comply with provisions in the regulatory guide).
 
Current licensees may continue to use the guidance that was found acceptable for complying with specific portions of the regulations as part of their license approval process, which may be a previous version of this regulatory guide.
Current licensees may continue to use guidance the NRC found acceptable for complying with the identified regulations as long as their current licensing basis remains unchanged.
 
Licensees may use the information in this RG for actions that do not require NRC review and approval such as changes to a facility design under 10 CFR 50.59, Changes, Tests, and Experiments.


Licensees may use the information in this RG or applicable parts to resolve regulatory or inspection issues.
A licensee who believes that the NRC staff is inappropriately imposing this regulatory guide as part of a request for a license amendment or request for a change to a previously issued NRC regulatory approval may file a backfitting appeal with the NRC in accordance with applicable procedures.


Use by NRC Staff   
Use by NRC Staff   


The NRC staff does not intend or approve any imposition or backfitting of the guidance in this RG. The NRC staff does not expect any existing licensee to use or commit to using the guidance in this RG, unless the licensee makes a change to its licensing basis. The NRC staff does not expect or plan to request licensees to voluntarily adopt this RG to resolve a generic regulatory issue. The NRC staff does not expect or plan to initiate NRC regulatory action that would require the use of this RG. Examples of such unplanned NRC regulatory actions include issuance of an order requiring the use of the RG, requests for information under 10 CFR 50.54(f) as to whether a licensee intends to commit to use of this RG,  
The NRC staff does not intend or approve any imposition or backfitting of the guidance in this regulatory guide. The staff does not expect an existing licensee to use or commit to using the guidance in this regulatory guide in the absence of a licensee-initiated change to its licensing basis. The NRC staff does not expect or plan to request licensees to voluntarily adopt this regulatory guide to resolve a generic regulatory issue. The NRC staff does not expect or plan to initiate NRC regulatory action that would require the use of this regulatory guide (e.g., issuance of an order requiring the use of the regulatory guide, requests for information under 10 CFR 50.54(f) as to whether a licensee intends to commit to use of this regulatory guide, generic communication, or promulgation of a rule requiring the use of this regulatory guide) without further backfit consideration.
generic communication, or promulgation of a rule requiring the use of this RG without further backfit consideration.
 
During regulatory discussions on plant-specific operational issues, the staff may discuss with licensees various actions consistent with staff positions in this RG, as one acceptable means of meeting the underlying NRC regulatory requirement. Such discussions would not ordinarily be considered backfitting even if prior versions of this RG are part of the licensing basis of the facility. However, unless this RG is part of the licensing basis for a facility, the staff may not represent to the licensee that the licensees failure to comply with the positions in this RG constitutes a violation.


If an existing licensee voluntarily seeks a license amendment or change and (1) the NRC staffs consideration of the request involves a regulatory issue directly relevant to this new or revised RG and
During inspections of specific facilities, the staff may suggest or recommend that licensees consider various actions consistent with staff positions in this regulatory guide as one acceptable means of meeting the underlying NRC regulatory requirement.  Such suggestions and recommendations would not ordinarily be considered backfitting even if prior versions of this regulatory guide are part of the licensing basis of the facility with respect to the subject matter of the inspection.  However, the staff may not represent to the licensee that:  (1) the licensees failure to comply with the positions in this regulatory guide constitutes a violation, (2) the licensee may avoid the violation only by agreeing to comply with this regulatory guide, or (3) the only acceptable way for the licensee to address the NRC-identified noncompliance or violation is to commit to this regulatory guide (i.e., including this regulatory guide in the facilitys licensing basis).
(2) the specific subject matter of this RG is an essential consideration in the staffs determination of the


1 In this section, licensees refers to licensees of nuclear power plants under 10 CFR Parts 50 and 52; and applicants, refers to applicants for licenses and permits for (or relating to) nuclear power plants under 10 CFR Parts 50 and 52, and applicants for standard design approvals and standard design certifications under 10 CFR Part 52.
If an existing licensee seeks a license amendment or change in an already-approved area of NRC
regulatory concern and (1) the NRC staffs consideration of the request involves a regulatory issue directly relevant to this new or revised regulatory guide and (2) the specific subject matter of this


2 In this section, voluntary and voluntarily mean that the licensee is seeking the action of its own accord, without the force of a legally binding requirement or an NRC representation of further licensing or enforcement action.
Rev. 1 of RG 1.215, Page 14 regulatory guide is an essential consideration in the staffs determination of the acceptability of the licensees request, then, as a prerequisite for NRC approval of the license amendment or change, the staff may require the licensee to either follow the guidance in this regulatory guide or provide an equivalent alternative method that demonstrates compliance with the underlying NRC regulatory requirements.  This is not considered backfitting as defined in 10 CFR 50.109(a)(1) or a violation of any of the issue finality provisions in 10 CFR Part 52.


RG 1.215, Rev.2, Page 8 acceptability of the licensees request, then the staff may request that the licensee either follow the guidance in this RG or provide an equivalent alternative process that demonstrates compliance with the underlying NRC regulatory requirements. This is not considered backfitting as defined in
Conclusion
10 CFR 50.109(a)(1) or a violation of any of the issue finality provisions in 10 CFR Part 52.


Additionally, an existing applicant may be required to comply with new rules, orders, or guidance if 10 CFR 50.109(a)(3) applies.
This regulatory guide, as revised, is not being imposed on any current combined license holders.


If a licensee believes that the NRC is either using this RG or requesting or requiring the licensee to implement the methods or processes in this RG in a manner inconsistent with the discussion in this Implementation section, then the licensee may file a backfit appeal with the NRC in accordance with the guidance in NUREG-1409, Backfitting Guidelines, (Ref. 10) and the NRC Management Directive 8.4, Management of Facility-Specific Backfitting and Information Collection (Ref. 11).  
The regulatory guide addresses information collection and reporting, which are matters outside the purview of the backfit rule and issue finality provisions in Part 52.  In addition, current and future applicants for combined licenses are not protected by either the 10 CFR 50.109 or any of the finality provisions of Part 52 from changes in guidance applicable to holders of combined licenses. This regulatory guide is issued in conformance with all applicable internal NRC policies and procedures governing backfitting.  Accordingly, the issuance of this regulatory guide is not considered backfitting, as defined in 10 CFR 50.109(a)(1), nor is it deemed to be in conflict with any of the issue finality provisions in 10 CFR Part 52.


RG 1.215, Rev.2, Page 9 REFERENCES1  
Rev. 1 of RG 1.215, Page 15 REFERENCES1  


1.
1.


U.S. Code of Federal Regulations (CFR), Title 10, Energy, Section 52.99, Inspection during construction; ITAAC schedules and notifications; NRC notices, U.S. Nuclear Regulatory Commission, Washington, DC.
NEI 08-01, Industry Guideline for the ITAAC Closure Process under 10 CFR Part 52, Revision 4, Nuclear Energy Institute, Washington, DC, July 2010.  (ADAMS Accession No. ML102010051).  


2.
2.


Nuclear Energy Institute (NEI) technical report 08-01, Industry Guideline for the ITAAC
10 CFR Part 52, Licenses, Certifications, and Approvals for Nuclear Power Plants, U.S. Nuclear Regulatory Commission, Washington, DC.
Closure Process under 10 CFR Part 52, Revision 5 - Corrected, Washington, DC, June 2014 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML14182A158).  


3.
3.


U.S. Nuclear Regulatory Commission (NRC) Regulatory Guide (RG) 1.215, Guidance for ITAAC Closure Under 10 CFR Part 52, Revision 0, Washington, DC (ADAMS Accession No. ML091480076).  
10 CFR Part 2, Rules of Practice for Domestic Licensing Proceedings and Issuance of Orders, U.S. Nuclear Regulatory Commission, Washington, DC.


4.
4.


NEI 08-01, Industry Guideline for the ITAAC Closure Process under 10 CFR Part 52, Revision 3, Washington, DC, January 2009 (ADAMS Accession No. ML090270415).  
72 FR 49352, Licensees, Certifications, and Approvals for Nuclear Power Plants, Federal Register, Volume 45, Number 166, p. 49352, Washington, DC, August 28, 2007.


5.
5.


NRC, RG 1.215, Guidance for ITAAC Closure Under 10 CFR Part 52, Revision 1, Washington, DC (ADAMS Accession No. ML112580018).  
SECY-92-053, Use of Design Acceptance Criteria during 10 CFR Part 52 Design Certification Reviews, U.S. Nuclear Regulatory Commission, Washington, DC, February 19, 1992.


6.
6.


NEI 08-01, Industry Guideline for the ITAAC Closure Process under 10 CFR Part 52, Revision 4, Washington, DC, July 2010 (ADAMS Accession No. ML102010051).  
SECY-08-0117, Staff Approach To Verify Closure of Inspections, Tests, Analyses, and Acceptance Criteria and To Implement Title 10 CFR 52.99, Inspection during Construction, and Related Portion of 10 CFR 52.103(g) on the Commission Finding, U.S. Nuclear Regulatory Commission, Washington, DC, August 7, 2008.


7.
7.


NRC, SECY-10-0100, Staff Progress in Resolving Issues Associated with Inspections, Tests, Analyses, and Acceptance Criteria, Washington, DC, August 5, 2010 (ADAMS Accession No. ML101660706).  
SECY-10-0100, Staff Progress in Resolving Issues Associated with Inspections, Tests, Analyses, and Acceptance Criteria, U.S. Nuclear Regulatory Commission, Washington, DC,  
August 5, 2010.


8.
8.


NRC, SECY-08-0117, Staff Approach To Verify Closure of Inspections, Tests, Analyses, and Acceptance Criteria and To Implement Title 10 CFR 52.99, Inspection During Construction, and Related Portion of 10 CFR 52.103(g) on the Commission Finding, August 7, 2008, Washington, DC (ADAMS Accession No. ML081220237).  
SECY-06-0114, Description of the Construction Inspection Program for Plants Licensed under
10 CFR Part 52, U.S. Nuclear Regulatory Commission, Washington, DC, May 13, 2006.


9.
9.


NRC, NUREG-0800, Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition, Washington, DC.
NUREG-1409, Backfitting Guidelines, U.S. Nuclear Regulatory Commission, Washington, DC, July 1990.


10.
10.


NRC, NUREG-1409, Backfitting Guidelines, Washington, DC, July 1990 (ADAMS Accession No. ML032230247).  
Management Directive 8.4, Management of Facility-Specific Backfitting and Information Collection, U.S. Nuclear Regulatory Commission, Washington, DC, October 2004.
 
1 Publicly available NRC published documents are available electronically through the NRC Library on the NRCs public Web site at: http://www.nrc.gov/reading-rm/doc-collections/.  The documents can also be viewed on-line or printed for a fee in the NRCs Public Document Room (PDR) at 11555 Rockville Pike, Rockville, MD; the mailing address is USNRC PDR, Washington, DC 20555; telephone 301-415-4737 or (800) 397-4209; fax (301) 415-3548; and e-mail pdr.resource@nrc.gov.
 
Appendix A to Rev. 1 of RG 1.215, Page A-1 APPENDIX A
 
TEXT OF 10 CFR 52.99, INSPECTION DURING CONSTRUCTION; ITAAC SCHEDULES 
AND NOTIFICATIONS; NRC NOTICES.
 
(a) Licensee schedule for completing inspections, tests, or analyses.  The licensee shall submit to the NRC, no later than 1 year after issuance of the combined license or at the start of construction as defined at 10 CFR 50.10(a), whichever is later, its schedule for completing the inspections, tests, or analyses in the ITAAC.  The licensee shall submit updates to the ITAAC schedules every 6 months thereafter and, within 1 year of its scheduled date for initial loading of fuel, the licensee shall submit updates to the ITAAC schedule every 30 days until the final notification is provided to the NRC under paragraph (c)(1)
of this section.
 
(b) Licensee and applicant conduct of activities subject to ITAAC.  With respect to activities subject to an ITAAC, an applicant for a combined license may proceed at its own risk with design and procurement activities, and a licensee may proceed at its own risk with design, procurement, construction, and preoperational activities, even though the NRC may not have found that any one of the prescribed acceptance criteria are met.
 
(c) Licensee notifications.
 
(1) ITAAC closure notification.  The licensee shall notify the NRC that prescribed inspections, tests, and analyses have been performed and that the prescribed acceptance criteria are met.  The notification must contain sufficient information to demonstrate that the prescribed inspections, tests, and analyses have been performed and that the prescribed acceptance criteria are met.
 
(2) ITAAC post-closure notifications.  Following the licensees ITAAC closure notifications under paragraph (c)(1) of this section until the Commission makes the finding under 10 CFR 52.103(g), the licensee shall notify the NRC, in a timely manner, of new information that materially alters the basis for determining that either inspections, tests, or analyses were performed as required, or that acceptance criteria are met.  The notification must contain sufficient information to demonstrate that, notwithstanding the new information, the prescribed inspections, tests, or analyses have been performed as required, and the prescribed acceptance criteria are met.


11.
(3) Uncompleted ITAAC notification.  If the licensee has not provided, by the date 225 days before the scheduled date for initial loading of fuel, the notification required by paragraph (c)(1) of this section for all ITAAC, then the licensee shall notify the NRC that the prescribed inspections, tests, or analyses for all uncompleted ITAAC will be performed and that the prescribed acceptance criteria will be met prior to operation.  The notification must be provided no later than the date 225 days before the scheduled date for initial loading of fuel, and must provide sufficient information to demonstrate that the prescribed inspections, tests, or analyses will be performed and the prescribed acceptance criteria for the uncompleted ITAAC will be met, including, but not limited to, a description of the specific procedures and analytical methods to be used for performing the prescribed inspections, tests, and analyses and determining that the prescribed acceptance criteria are met.


NRC, Management Directive 8.4, Management of Facility-Specific Backfitting and Information Collection, Washington, DC.
(4) All ITAAC complete notification. The licensee shall notify the NRC that all ITAAC are complete.


12.
(d) Licensee determination of non-compliance with ITAAC.


NRC Inspection Manual Chapter 2503, Construction Inspection Program: Inspections of Inspections, Tests, Analyses and Acceptance Criteria (ITAAC) Related Work, Washington, DC.
Appendix A to Rev. 1 of RG 1.215, Page A-2
(1) In the event that an activity is subject to an ITAAC derived from a referenced standard design certification and the licensee has not demonstrated that the prescribed acceptance criteria are met, the licensee may take corrective actions to successfully complete that ITAAC or request an exemption from the standard design certification ITAAC, as applicable.  A request for an exemption must also be accompanied by a request for a license amendment under 10 CFR 52.98(f).  


1 Publicly available NRC published documents are available electronically through the NRC Library on the NRCs public Web site at: http://www.nrc.gov/reading-rm/doc-collections/. The documents can also be viewed online or printed for a fee in the NRCs Public Document Room (PDR) at 11555 Rockville Pike, Rockville, MD; the mailing address is USNRC PDR, Washington, DC  20555; telephone (301) 415-4737 or (800) 397-4209; fax (301) 415-3548;
(2) In the event that an activity is subject to an ITAAC not derived from a referenced standard design certification and the licensee has not demonstrated that the prescribed acceptance criteria are met, the licensee may take corrective actions to successfully complete that ITAAC or request a license amendment under 10 CFR 52.98(f).  
and e-mail pdr.resource@nrc.gov.


RG 1.215, Rev.2, Page 10
(e) NRC inspection, publication of notices, and availability of licensee notifications. The NRC shall ensure that the prescribed inspections, tests, and analyses in the ITAAC are performed.
13.


NRC Inspection Manual Chapter 2504, Construction Inspection Program  Inspection of Construction and Operational Programs, Washington, DC.
(1) At appropriate intervals until the last date for submission of requests for hearing under 10 CFR
52.103(a), the NRC shall publish notices in the Federal Register of the NRC staffs determination of the successful completion of inspections, tests, and analyses.


14.
(2) The NRC shall make publicly available the licensee notifications under paragraph (c) of this section.


NRC Inspection Manual Chapter 2514, Light Water Reactor Inspection Program - Startup Testing Phase, Washington, DC.
The NRC shall, no later than the date of publication of the notice of intended operation required by 10
CFR 52.103(a), make publicly available those licensee notifications under paragraph (c) of this section that have been submitted to the NRC at least seven (7) days before that notice.


Appendix A to RG 1.215, Page A-1  
Appendix B to Rev. 1 of RG 1.215, Page B-1 APPENDIX B


APPENDIX A
ENCLOSURE 1 TO SECY-10-0100, INSPECTIONS, TESTS, ANALYSES,  
INSPECTIONS, TESTS, ANALYSES, AND ACCEPTANCE CRITERIA  
AND ACCEPTANCE CRITERIA MAINTENANCE THRESHOLDS AND  
MAINTENANCE THRESHOLDS AND ASSOCIATED LICENSE  
ASSOCIATED LICENSE AMENDMENTS
AMENDMENTS1


Four thresholds for identifying when activities would materially alter the determination bases for inspections, tests, analyses, and acceptance criteria (ITAAC) are presented below. Following each threshold is a discussion on license amendments that would be necessary beyond the envelope of the threshold. These discussions describe scenarios that pertain to the threshold and state when a license amendment would be necessary.
Enclosure 1 to SECY 09-0119, Staff Progress in Resolving Issues Associated with Inspections, Tests, Analyses, and Acceptance Criteria, dated August 26, 2009, presented four thresholds for identifying when activities would materially alter the determination bases for inspections, tests, analyses, and acceptance criteria (ITAAC).  Throughout the past year, the U.S. Nuclear Regulatory Commission staff refined the ITAAC maintenance thresholds after interactions with interested stakeholders during the ITAAC public workshop series.  These refinements are intended to optimize the effectiveness of the thresholds and to clearly articulate the criteria for reporting.  Each item below is an updated version of the thresholds proposed in Enclosure 1 to SECY 09-119. Following each threshold is a discussion on license amendments that would be necessary beyond the envelope of the threshold. These discussions describe scenarios that pertain to the threshold and state when a license amendment would be necessary.


Threshold 1:  Postwork Verification  
Threshold 1:  Postwork Verification  
Line 280: Line 471:
Will the postwork verification (PWV) use a significantly different approach than the original performance of the inspection, test, or analysis (ITA) as described in the original ITAAC notification?  
Will the postwork verification (PWV) use a significantly different approach than the original performance of the inspection, test, or analysis (ITA) as described in the original ITAAC notification?  


Threshold 1 involves situations in which the occurrence of an event could call into question whether a licensee continues to meet an acceptance criterion (AC). Such situations could involve many types of maintenance activities, including component replacement. After work is complete, a PWV will be used to confirm that the licensee still meets the AC. The PWV is not a performance of the ITA because the licensee has already satisfied the requirement to perform the ITA; instead, the PWV and its results supplement the performance of the ITA to provide confidence that the licensee continues to meet the AC.
Threshold 1 involves situations in which the occurrence of an event could call into question whether a licensee continues to meet an acceptance criterion (AC). Such situations could involve many types of maintenance activities, including component replacement. After work is complete, a PWV will be used to confirm that the licensee still meets the AC. The PWV is not a performance of the ITA because the licensee has already satisfied the requirement to perform the ITA; instead, the PWV and its results supplement the performance of the ITA to provide confidence that the licensee continues to meet the AC.


The nature and the scope of the PWV will depend upon the nature of the initiating event, the maintenance activities undertaken, and the specific ITAAC that is implicated by the event. If the PWV represents an alternate approach that is significantly different from the approach described in the original ITAAC  
The nature and the scope of the PWV will depend upon the nature of the initiating event, the maintenance activities undertaken, and the specific ITAAC that is implicated by the event. If the PWV represents an alternate approach that is significantly different from the approach described in the original ITAAC  
notification, a supplemental notification is necessary to provide the agency and members of the public information that is material to the agencys determination on ITAAC.
notification, a supplemental notification is necessary to provide the agency and members of the public information that is material to the agencys determination on ITAAC.


Because the PWV is not a performance of the ITA but rather a supplement to the performance of the ITA,  
Because the PWV is not a performance of the ITA but rather a supplement to the performance of the ITA,  
the PWV does not have to comport with the ITA set forth in the license. However, the licensee would need to seek an amendment to that ITA in the license if no reasonable alternate PWV approach is available to demonstrate that the AC continues to be met. Whether an alternative PWV is reasonable or not depends on several factors, including the engineering justification provided and the wording of both the ITA and the AC. A reasonable alternative to the original ITA represents a different, yet acceptable, engineering equivalent for performing the activity prescribed in the ITAAC. As an example, if a test was the original prescribed ITA, then the PWV should also be a test, or possibly a combination of a test and analysis or a test and an inspection. The PWV methodology should generally follow the methodology used in the original prescribed ITA.
the PWV does not have to comport with the ITA set forth in the license. However, the licensee would need to seek an amendment to that ITA in the license if no reasonable alternate PWV approach is available to demonstrate that the AC continues to be met. Whether an alternative PWV is reasonable or not depends on several factors, including the engineering justification provided and the wording of both the ITA and the AC. A reasonable alternative to the original ITA represents a different, yet acceptable, engineering equivalent for performing the activity prescribed in the ITAAC. As an example, if a test was the original prescribed ITA, then the PWV should also be a test, or possibly a combination of a test and analysis or a test and an inspection. The PWV methodology should generally follow the methodology used in the original prescribed ITA.


A license amendment would also be necessary if the PWV reveals that the licensee never met the AC  
A license amendment would also be necessary if the PWV reveals that the licensee never met the AC  
because the original ITA, as worded in the license, was flawed.
because the original ITA, as worded in the license, was flawed.


1 Appendix A to RG 1.215, Revision 2, is taken largely from Enclosure 1 of SECY-10-0100, Staff Progress in Resolving Issues Associated with Inspections, Tests, Analyses, and Acceptance Criteria, August 5, 2010 (ADAMS Accession No.
Appendix B to Rev. 1 of RG 1.215, Page B-2 Threshold 2:  Engineering Changes  
 
ML101660706).  The introductory paragraph has been edited to update its content. The descriptions of the thresholds replicate those in Enclosure 1 of SECY-10-0100.
 
Appendix A to RG 1.215, Page A-2 Threshold 2:  Engineering Changes  


Will an engineering change be made that materially alters the determination that the acceptance criteria are met?  
Will an engineering change be made that materially alters the determination that the acceptance criteria are met?  
Line 305: Line 492:
Will there be additional items that need to be verified through the ITAAC?  
Will there be additional items that need to be verified through the ITAAC?  


A license amendment would be needed if there are additional items subject to verification through the existing ITAAC, but the licensee proposes not to perform the ITAs specified in the ITAAC. An amendment would also be required if new or amended ITAAC are needed to cover new items (e.g., the new items are of a different type than those covered in the original ITAAC).  
A license amendment would be needed if there are additional items subject to verification through the existing ITAAC, but the licensee proposes not to perform the ITAs specified in the ITAAC. An amendment would also be required if new or amended ITAAC are needed to cover new items (e.g., the new items are of a different type than those covered in the original ITAAC).  


Threshold 4:  Complete and Valid ITAAC Representation  
Threshold 4:  Complete and Valid ITAAC Representation  
Line 313: Line 500:
A license amendment would be needed if an update of the determination basis necessitates a change to any portion of ITAAC in the license for reasons not covered under thresholds 1, 2, and 3.
A license amendment would be needed if an update of the determination basis necessitates a change to any portion of ITAAC in the license for reasons not covered under thresholds 1, 2, and 3.


Appendix B to RG 1.215, Page B-1 Yes No Yes No No Yes Yes No IMC2504 (Ref. 13)
Appendix C to Rev. 1 of RG 1.215, Page C-1 No Yes No Yes No No Yes Yes No MC2504 MC2503
IMC2503 (Ref.12)
52.99(c)(1) submittal  
52.99(c)(1) submittal  
(9)  
(9)  
52.99(c)(3)  
52.99(c)(3)
Uncompleted ITAAC notification  
Uncomplete ITAAC  
notification  
(7)  
(7)  
Is the ITAAC  
Is the ITAAC  
Line 327: Line 514:
successfully completed?  
successfully completed?  
(10)  
(10)  
More than
225 days until fuel load?  (5)
52.99(c)(1)  
52.99(c)(1)  
submittal   
submittal   
(2)  
(2)  
Yes Tech Specs No ITAAC to be completed by Licensee
Yes Tech Specs No ITAAC to be completed by licensee        (8)  
(8)  
Fuel load and mode change  
Fuel load and mode change  
(21)  
(19)  
Did NRC  
Did NRC  
determine ITAAC  
determine ITAAC  
successfully completed?  
successfully completed?  
(3)  
(3)  
Licensee needs to complete all ITAAC that are found not met and submit closure notifications for each ITAAC    
Licensee needs to complete all ITAAC and submit closure notifications for each ITAAC    
(19)  
(17)  
10 CFR 52.103(a) Commission must publish notice of intended operation at least 180 days before scheduled fuel load  
10 CFR 52.103(a) Commission must publish notice of intended operation  
10 CFR 52.99(c)(3) Uncompleted ITAAC notification requirement  
180 days before scheduled fuel load  
10 CFR 52.99(c)(3) Uncomplete ITAAC notification requirement  
225 days before scheduled fuel load  
225 days before scheduled fuel load  
52.103(g)
52.103(g)
Line 348: Line 537:
For a given ITAAC, ITAAC is considered closed  
For a given ITAAC, ITAAC is considered closed  
(11)  
(11)  
FRN of staff determination for individual ITAAC or ITAAC family, as required  
FRN of staff determination for individual ITAAC or ITAAC  
family, as required
(12)  
(12)  
ITAAC considered to be work-in- progress and closure notification not submitted  
ITAAC considered to be work-in- progress and closure notification not submitted  
(6)  
(6)  
Operation ROP  
Operation ROP  
Yes Substantiated information received that invalidates the closed status of any ITAAC (15)  
Yes Substantiated information received that invalidates the closed status of any ITAAC (14)
ITAAC  
Update FRN for affected ITAAC as appropriate (15)  
closure notification resubmitted by Licensee, possibly after rework
ITAAC to be reworked and/or closure notification resubmitted by licensee
(4)  
(4)  
Hearing contentions addressed Timeline of Major Milestones (not to scale)  
Each ITAAC
listed in the combined license Hearing contentions addressed Timeline of Major Milestones (not to scale)  


Licensee use of developed programs to preserve the satisfaction of acceptance criteria of completed ITAAC  
Licensee use of developed programs to preserve the satisfaction of acceptance criteria of completed ITAAC  
(13)  
(13)  
All acceptance criteria are met? (18)  
All acceptance criteria are met? (16)  


52.103(g)  
52.103(g)  
finding  
finding  
(20)
(18)  
Licensee will submit 10 CFR 52.99(c)(2)
APPENDIX C
notifications to report events materially altering a closed ITAAC, as well as its resolution 
(14)
52.99(c)(4) submittal upon completion of all ITAAC (17)
No Each ITAAC
listed in the combined license Update FRN for affected ITAAC as appropriate (16)
More than
225 days until fuel load?  (5)
cROP
IMC2514 (Ref.14)
APPENDIX B
Flowchart and Description of Implementation under 10 CFR 52.99 and 10 CFR 52.103(g)  
Flowchart and Description of Implementation under 10 CFR 52.99 and 10 CFR 52.103(g)  


Appendix B to RG 1.215, Page B-2 Process Block Descriptions:
Appendix C to DG-1250, Page C-2 Process Block Descriptions  


(1)  
(1)  
This is the first decision block for any given inspection, test, analysis, and acceptance criterion (ITAAC). Each ITAAC can enter this block at any time during construction regardless of its completed or uncompleted status for processing through this flowchart.
This is the first decision block for any given inspection, test, analysis, and acceptance criterion (ITAAC), and the licensee needs to assess each ITAAC from the license. Each ITAAC can enter this block at any time during construction regardless of its completed or uncompleted status for processing through this flowchart.


(2)  
(2)  
If (1) is yes, then the licensee must submit an ITAAC Closure Notification (ICN) pursuant to  
If (1) is yes, then the licensee must submit a closure notification pursuant to  
10 CFR 52.99(c)(1).   
10 CFR 52.99(c)(1).   


(3)  
(3)  
The NRC performs ITAAC closure verification activities, including direct inspection, engineering reviews, and consideration of licensee performance within an ITAAC family5. Licensee performance within an ITAAC family is taken into consideration for determination of subsequent licensee ITAAC submittals. Yes indicates that the staff has determined that the ITAAC was successfully completed and is closed. No indicates that the ITAAC is not closed and remains uncompleted.
The U.S. Nuclear Regulatory Commission (NRC) will perform ITAAC closure verification activities, including direct inspection, engineering reviews, and consideration of licensee performance within an ITAAC family. Licensee performance within an ITAAC family is taken into consideration for determination of subsequent licensee ITAAC submittals. Yes indicates that the staff has determined that the ITAAC was successfully completed and is closed. No indicates that the ITAAC is not closed and remains uncomplete.


(4)  
(4)  
If (3) is no, the NRC has determined that either the 10 CFR 52.99(c)(1) ICN information is insufficient or that the licensee has not met the acceptance criteria for the given ITAAC. The licensee will either resubmit an ICN that contains sufficient information demonstrating that it has completed the ITAAC, or the licensee will rework the ITAAC and redo the inspections, tests, and analyses. In either case, the licensee will resubmit the 10 CFR 52.99(c)(1) ICN.
If (3) is no, the NRC has determined that either the 10 CFR 52.99(c)(1) closure notification information is insufficient or that the licensee has not met the acceptance criteria for the given ITAAC. The licensee will either need to resubmit a closure notification that contains sufficient information demonstrating that it has completed the ITAAC, or the licensee will need to rework the ITAAC and redo the inspections, tests, and analyses. In either case, the licensee will need to resubmit the 10 CFR 52.99(c)(1) closure notification.


(5)  
(5)  
If (1) is no, the licensee needs to determine if the time to scheduled fuel load is greater than  
If (1) is no, the licensee needs to identify if the time to scheduled fuel load is greater than  
225 days. At the 225-day milestone, the licensee is required to submit pursuant to
225 days. At the 225-day milestone, the licensee is required to submit 10 CFR 52.99(c)(3)  
10 CFR 52.99(c)(3) Uncompleted ITAAC Notifications (UINs) for those ITAAC that are not yet completed and for which the 10 CFR 52.99(c)(1) ICN has not yet been submitted.
uncomplete ITAAC notifications for those ITAAC not yet completed and the 10 CFR 52.99(c)(1)  
closure notification not yet submitted.


(6)  
(6)  
If (5) is yes, there is no 10 CFR 52.99(c)(3) UIN required for this ITAAC, and the ITAAC  
If (5) is yes, there is no 10 CFR 52.99(c)(3) uncomplete notification required for this ITAAC,  
under consideration is in the work-in-progress population.
and the ITAAC under consideration is in the work-in-progress population.


(7)  
(7)  
If (5) is no, the licensee needs to submit to the NRC a 10 CFR 52.99(c)(3) UIN. This notification should contain sufficient information to demonstrate that the licensee will successfully perform the ITAAC.
If (5) is no, the licensee needs to submit to the NRC a 10 CFR 52.99(c)(3) uncomplete ITAAC
notification. This notification needs to contain sufficient information to demonstrate that the licensee will perform the ITAAC.


(8)  
(8)  
Entry here indicates that an individual ITAAC remains in the uncompleted population. Once the licensee concludes that it has met the acceptance criteria, process block (9) is entered.
Entry here indicates that an individual ITAAC remains in the uncomplete population. Once the licensee concludes that it has met the acceptance criteria, process block (9) is entered.


(9)  
(9)  
Upon successfully meeting the acceptance criteria for a given ITAAC, the licensee can submit the  
Upon successfully meeting the acceptance criteria for a given ITAAC, the licensee can submit the  
10 CFR 52.99(c)(1) ICN to the NRC.
10 CFR 52.99(c)(1) closure notification to the NRC.


(10)  
(10)  
The NRC will perform ITAAC closure verification activities. This decision block is identical to block (3).  
The NRC will perform ITAAC closure verification activities. This decision block is identical to block (3).  


(11)  
(11)  
If (10) is yes, the NRC staff has determined that the licensee has met the acceptance criteria.
If (10) is yes, the NRC staff has determined that the licensee has met the acceptance criteria.


5 A grouping of ITAAC that are related through similar construction processes, resulting products, and general inspection attributes; the intersection of a row and a column of the ITAAC Matrix.  (SECY-08-117 and NRC
Appendix C to DG-1250, Page C-3  
Inspection Manual Chapter 2503, Construction Inspection Program: Inspections of Inspections, Tests, Analyses and Acceptance Criteria (ITAAC) Related Work)
 
Appendix B to RG 1.215, Page B-3  
(12)  
(12)  
The NRC determination that the licensee has successfully completed an ITAAC is published in the Federal Register until the last date for submission of requests for hearings under  
The NRC determination that the licensee has successfully completed an ITAAC is published in the Federal Register until the last date for submission of requests for hearings under  
10 CFR 52.103(a). The NRC can publish a Federal Register notice (FRN) for individual ITAAC  
10 CFR 52.103(a). The NRC can publish a Federal Register notice (FRN) for individual ITAAC  
(if needed) or multiple ITAAC (such as an entire family). The NRC is not required to publish an FRN after the last date for submission of requests for hearings under 10 CFR 52.103(a).  
(if needed) or multiple ITAAC (such as an entire family). The NRC is not required to publish an FRN after the last date for submission of requests for hearings under 10 CFR 52.103(a).  


(13)  
(13)  
The licensee will apply developed programs, such as quality assurance and maintenance programs, to preserve the satisfaction of acceptance criteria for completed ITAAC and ensure the validity of ITAAC conclusions.
The licensee will apply developed programs such as quality assurance and maintenance to preserve the satisfaction of acceptance criteria for completed ITAAC, and ensure the validity of ITAAC conclusions.


(14)  
(14)  
The licensee will submit 10 CFR 52.99(c)(2) ITAAC Post-Closure Notifications to report an event materially altering a closed ITAAC, as well as its resolution. Reporting thresholds for an event altering a closed ITAAC are described in NEI 08-01 as approved for use by this Regulatory Guide.
Any substantiated information received by the NRC, including allegations, can invalidate the closed status of any ITAAC.


(15)  
(15)  
Any substantiated information received by the NRC, including information gained through inspection activities or allegations, can invalidate the closed status of any ITAAC.
If (14) is yes, then, depending on the severity of the substantiated allegation or information received, the FRN for each affected ITAAC could be updated accordingly.  Also depending on the severity of the situation, the licensee may or may not have options available to act accordingly to preserve the FRN for the affected ITAAC.


(16)  
(16)  
If (15) is yes, then, depending on the severity of the substantiated information received, the FRN for each affected ITAAC could be updated accordingly. Also depending on the severity of the situation, the licensee may or may not have options available to act accordingly to preserve the FRN for the affected ITAAC.
This process block collectively considers if the licensee has met all ITAAC acceptance criteria.


(17)  
(17)
The licensee will submit an All ITAAC Complete notification pursuant to 10 CFR 52.99(c)(4)
If (16) is no, then the licensee needs to complete all ITAAC and ensure that it meets, and continues to meet, all the acceptance criteria for the 10 CFR 52.103(g) finding.
upon completion of all ITAAC in a combined license and confirmation that all acceptance criteria remain met in preparation for the 10 CFR 52.103(g) finding.


(18)  
(18)  
This process block reflects consideration of whether the licensee has met all ITAAC acceptance criteria.
(19) 
If (18) is no, then the licensee needs to complete all ITAAC and ensure that it meets, and continues to meet, all the acceptance criteria to support the 10 CFR 52.103(g) finding.
(20)
At the time of the 10 CFR 52.103(g) finding, all acceptance criteria must be met, such as when  
At the time of the 10 CFR 52.103(g) finding, all acceptance criteria must be met, such as when  
(18) is yes. Also, this timeline and flowchart does not cover an interim operation scenario whereby the Commission could authorize a period of interim operation that would allow the licensee to load fuel per 10 CFR 52.103(c).  
(16) is yes. Also, this timeline and flowchart do not contemplate an interim operation scenario whereby the Commission could authorize a period of interim operation that would allow the licensee to load fuel before making the 10 CFR 52.103(g) finding, per 10 CFR 52.103(c).  


(21)  
(19)  
With the 10 CFR 52.103(g) finding, the licensee will be authorized to load fuel and enter operational status.}}
With an affirmative Commission 10 CFR 52.103(g) finding, the licensee will be authorized to load fuel and enter operational status.}}


{{RG-Nav}}
{{RG-Nav}}

Revision as of 02:04, 13 January 2025

Guidance for ITAAC Closure Under 10 CFR Part 52
ML112580018
Person / Time
Issue date: 05/31/2012
From:
Office of Nuclear Regulatory Research
To:
Jervey, Richard 301-251-7404
Shared Package
ML112580016 List:
References
DG-1250 RG-1.215, Rev 1
Download: ML112580018 (22)
v • d • e


U.S. NUCLEAR REGULATORY COMMISSION

May 2012 Revision 1

REGULATORY GUIDE

OFFICE OF NUCLEAR REGULATORY RESEARCH

The NRC issues regulatory guides to describe and make available to the public methods that the NRC staff considers acceptable for use in implementing specific parts of the agencys regulations, techniques that the staff uses in evaluating specific problems or postulated accidents, and data that the staff needs in reviewing applications for permits and licenses. Regulatory guides are not substitutes for regulations, and compliance with them is not required. Methods and solutions that differ from those set forth in regulatory guides will be deemed acceptable if they provide a basis for the findings required for the issuance or continuance of a permit or license by the Commission.

This guide was issued after consideration of comments received from the public.

Regulatory guides are issued in 10 broad divisions: 1, Power Reactors; 2, Research and Test Reactors; 3, Fuels and Materials Facilities; 4, Environmental and Siting; 5, Materials and Plant Protection; 6, Products; 7, Transportation; 8, Occupational Health;

9, Antitrust and Financial Review; and 10, General.

Electronic copies of this guide and other recently issued guides are available through the NRCs public Web site under the Regulatory Guides document collection of the NRC Library at http://www.nrc.gov/reading-rm/doc-collections/ and through the NRCs Agencywide Documents Access and Management System (ADAMS) at http://www.nrc.gov/reading-rm/adams.html, under Accession No. ML112580018. The regulatory analysis may be found in ADAMS under Accession No. ML102530440.

REGULATORY GUIDE 1.215 (Draft was issued as DG-1250, dated May 2011)

GUIDANCE FOR ITAAC CLOSURE UNDER 10 CFR PART 52

A. INTRODUCTION

This guide describes a method that the staff of the U.S. Nuclear Regulatory Commission (NRC)

considers acceptable for use in satisfying the requirements for documenting the completion of inspections, tests, analyses, and acceptance criteria (ITAAC). In particular, this guide endorses the methodologies described in industry guidance document Nuclear Energy Institute (NEI) 08-01, Industry Guideline for the ITAAC Closure Process under 10 CFR Part 52, Revision 4, issued July 2010 (Ref. 1), for the implementation of Title 10, Section 52.99, Inspection during Construction, of the Code of Federal Regulations (10 CFR 52.99) (Ref. 2).

This regulatory guide contains information collection requirements covered by 10 CFR Part 52 that the Office of Management and Budget (OMB) approved under OMB control number 3150-0151.

The NRC may neither conduct nor sponsor, and a person is not required to respond to, an information collection request or requirement unless the requesting document displays a currently valid OMB control number. This regulatory guide is a rule as designated in the Congressional Review Act (5 U.S.C. 801-

808). However, OMB has not found it to be a major rule as designated in the Congressional Review Act.

Rev. 1 of RG 1.215, Page 2

B. DISCUSSION

Background

The regulation at 10 CFR 52.99 includes requirements for documenting and reporting the satisfaction of the acceptance criteria for each ITAAC contained in a combined license (COL).

This regulatory guide provides guidance on licensee notifications to the NRC for completed and uncompleted ITAAC, post-closure notifications on ITAAC maintenance activities, and notifications declaring that the licensee has completed all ITAAC contained in the COL. The NRC uses these notifications to determine whether the licensee has successfully completed ITAAC, to verify that acceptance criteria are met, to facilitate public participation in the ITAAC hearing process, and to plan inspections. This regulatory guide describes methods that the NRC staff considers acceptable for licensees to use for documenting, reporting, and maintaining the satisfactory completion of the acceptance criteria for each ITAAC contained in the COL. This regulatory guide, through its endorsement of an industry guidance document for licensees, provides guidance on complying with the requirements in

10 CFR 52.99.

Development of Industry Guideline Document NEI 08-01

In accordance with 10 CFR 52.97(b), COLs must contain ITAAC that are necessary and sufficient to provide reasonable assurance that the facility has been constructed and will be operated in accordance with the license; the Atomic Energy Act of 1954, as amended; and NRC regulations. After issuance of a COL, a licensee completes all of the ITAAC contained in the COL during construction and submits notifications to the NRC under 10 CFR 52.99.

The regulation at 10 CFR 52.99 requires the licensee to submit several types of ITAAC

notifications to the NRC. The licensee must submit the first type of ITAAC notification (ITAAC closure notification) in accordance with 10 CFR 52.99(c)(1). The ITAAC closure notification, which is referred to as either an ITAAC closure letter or an ITAAC completion notification in NEI 08-01, must inform the NRC of the basis for the licensees determination that it has successfully completed an ITAAC. ITAAC

closure notifications must be submitted for all ITAAC, with the exception of those ITAAC resolved at COL issuance under 10 CFR 52.97(a)(2). The second type of ITAAC notification, an ITAAC post- closure notification (also referred to as a supplemental ITAAC closure notification) is governed by

10 CFR 52.99(c)(2) and would apply to ITAAC for which an ITAAC closure notification has previously been submitted. This notification would result from the occurrence and resolution of an event that materially altered the basis for determining that a prescribed inspection, test, or analysis was performed as required, or for finding that a prescribed acceptance criterion is met. This supplemental ITAAC closure notification would describe the resolution of the circumstances surrounding the identification of new material information, and would need to contain sufficient information to demonstrate that, notwithstanding the new information, the prescribed inspections, tests, or analyses have been performed as required and the prescribed acceptance criteria are met. The licensee must submit the third type of ITAAC notification (uncomplete ITAAC notification) in accordance with 10 CFR 52.99(c)(3) at least 225 days before the scheduled initial loading of fuel. An uncomplete ITAAC notification must describe how the licensee will successfully complete all uncompleted ITAAC before fuel is loaded. The final type of notification under 10 CFR 52.99(c)(4) informs the NRC that the licensee has successfully completed all ITAAC in the COL.

Operation (which includes loading fuel) cannot commence until the Commission finds under 10

CFR 52.103(g) that all acceptance criteria in the COL are met. To provide a basis for the Commissions

Rev. 1 of RG 1.215, Page 3 finding that all acceptance criteria are met, and to ensure that ITAAC closure notifications contain sufficient information to satisfy 10 CFR 52.99, the licensee can follow the industry guidelines in NEI 08-01, with the exceptions and additional guidance discussed below.

The following sections of NEI 08-01 provide guidance for licensees on major aspects of the ITAAC closure process:

Introduction

Definitions

General Description of 10 CFR Part 52 and ITAAC Processes

o Role of ITAAC in 10 CFR Part 52 Process o

ITAAC Closure Process o

General Description of Public Hearing Opportunity o

Summary Description of 10 CFR 52.103 Process and Fuel Load Authorization Process

Schedule Considerations for ITAAC-Related Activities and Coordination To Support NRC

Inspection Planning

o Proprietary Construction Schedule Information o

Licensee Schedule Coordination

Licensee Process for Review and Preparation of ITAAC Closure Letters

o Guidance for Oversight of ITAAC Closure Activities and Maintenance of Records o

Standard Format for ITAAC Closure Packages o

Licensee Corrective Action Process

Guidance on Sufficient Information for ITAAC Closure Letters

Guidance on Sufficient Information for 225-Day Notification of Uncompleted ITAAC

Special Topics

o Maintaining the Validity of ITAAC Conclusions Post-ITAAC Completion o

Design Acceptance Criteria o

Subsequent COL ITAAC Closure o

Non-ITAAC Systems o

Guidance for Inspections, Tests, or Analyses Performed at Other than Final Installed Location

Acronyms

Appendix AExcerpts from 10 CFR Part 52

Appendix BReserved

Appendix CGeneral Description of Common ITAAC Acceptance Criteria Categories

Appendix DITAAC Closure Letter Template and Examples

Appendix E225-Day Notification Template and Examples

Appendix FAll ITAAC Complete Letter Template

Appendix GITAAC Maintenance Prompt Notification Template

Appendix HITAAC Maintenance Examples

Appendix ISample Supplemental ITAAC Closure Letters

Rev. 1 of RG 1.215, Page 4 Guidelines on ITAAC Closure Development and Documentation in NEI 08-01

The staff endorses NEI 08-01, Revision 4, as an acceptable method of complying with the requirements in 10 CFR 52.99, subject to the comments below. NEI 08-01 provides guidance for licensees on major aspects of the ITAAC closure process in the following sections.

Section 1 of NEI 08-01 provides an introduction to the document, a description and the purpose of ITAAC, and the scope of topics that it covers.

Section 2 of NEI 08-01 provides a list of definitions for terminology used in the guide. Some of these definitions will reappear in other documents, such as COL applications, design certification applications, and other supporting documents. The first several certified designs use the following definition for as-built:

As-built means the physical properties of the structure, system, or component following the completion of its installation or construction activities at its final location at the plant site.

NEI 08-01 defines as-built as follows:

As-built means the physical properties of a structure, system, or component following the completion of its installation or construction activities at its final location at the plant site.

In cases where it is technically justifiable, determination of physical properties of the as-built structure, system, or component may be based on measurements, inspections, or tests that occur prior to installation, provided that subsequent fabrication, handling, installation, and testing do not alter the properties.

To the extent that a design certifications definition of as-built differs from the definition in NEI 08-01, COL licensees referencing the design certification are, of course, bound by the definitions in the design certification rather than by the definitions in NEI 08-01, unless they seek an exemption from the Tier 1 definition. The NRC staff believes that the NEI 08-01 definition of as-built could form the basis for a Tier 1 definition of as-built in future design certifications, design certification amendments, and plant-specific exemptions to already certified designs.

The licensee should ordinarily perform as-built inspections, tests, and analyses of ITAAC

structures, systems, and components (SSCs) after installation and construction activities at the final location at the plant site. Section 3.1.4 of NEI 08-01 acknowledges that it may be appropriate to perform inspections or tests before final installation (e.g., measuring an interior dimension before the final assembly of a valve). Section 8.5 of NEI 08-01 provides detailed information on the successful application of the NEI 08-01 definition of as-built to inspections, tests, and analyses performed at locations other than the final location at the plant site.

Section 3 of NEI 08-01 generally describes the ITAAC process in Subpart A, Early Site Permits, Subpart B, Standard Design Certifications, and Subpart C, Combined Licenses, of

10 CFR Part 52, Licenses, Certifications, and Approvals for Nuclear Power Plants. The ITAAC closure process described in NEI 08-01 is consistent with 10 CFR 52.99 requirements for verifying that the construction of a new nuclear plant matches the design and the acceptance criteria included in the COL.

Section 3 also discusses public hearing opportunities during construction and provides a summary description of the process under 10 CFR 52.103, Operation under a Combined License, and its associated fuel load authorization process. Section 8.1 of NEI 08-01discusses in detail the additional

Rev. 1 of RG 1.215, Page 5 notifications introduced in Section 3 after the licensee submits the ITAAC closure notification.

Appendix A to this regulatory guide contains the text of 10 CFR 52.99.

Section 4 of NEI 08-01 provides information on schedule considerations for ITAAC-related activities and on the coordination necessary to support NRC inspection plannin

g. In accordance with

10 CFR 52.99(a), the licensee is required to submit an ITAAC closure schedule at 6-month intervals during plant construction. Within 1 year of the loading of fuel, that interval will decrease to 30 days. The information provided by the licensee, including the ITAAC closure schedule, will be used by the NRC in developing the NRCs inspection activities and activities necessary to support the Commissions finding of whether all of the ITAAC acceptance criteria are met before the licensees scheduled date for fuel load.

The NRC will consider any licensee claims that the submitted schedule is proprietary and should be withheld from public release under the Freedom of Information Act and 10 CFR 2.390, Public Inspections, Exemptions, Requests for Withholding (Ref. 3).

As described in SECY 06-0114, Description of the Construction Inspection Program for Plants Licensed under Part 52, licensees may submit a single affidavit to request that schedule information be held as proprietary under 10 CFR 2.390. SECY 06-0114 states as follows:

Because the nature of the information would not change from initial submittal to update, no additional proprietary determinations would be needed and routine schedule updates from the licensee would be considered proprietary and would be withheld from the public without further evaluation. This approach would allow for a single proprietary determination, limited to the schedule and its updates, that would apply to an entire construction project.

If not already included in the schedule information provided in accordance with Section 52.99(a),

licensees should provide a Level 3 schedule of ITAAC-related activities on site and off site (in vendor shops). These detailed schedules will further allow the staff to plan its oversight activities.

The NRC expects to issue COLs which include an appendix that contains a complete, integrated list of ITAAC for each licensed unit, drawn from the design control document, early site permit (ESP),

limited work authorization (LWA), and COL application, as applicable. The NRC expects that licensees will submit ITAAC closure notifications using the nomenclature and numbering scheme of the ITAAC

identified in the COL. This will minimize errors and ensure consistent referencing of specific ITAAC by the licensee, the NRC, and the public.

Section 5 of NEI 08-01 provides guidance on the licensee process for the preparation and review of the notifications required by 10 CFR 52.99. This section also provides guidance for the licensee oversight of ITAAC closure activities and the maintenance of records referenced by the ITAAC closure notifications. In addition, Section 5 of NEI 08-01 provides an outline of ITAAC completion packages.

Section 5 also discusses licensee corrective action processes that address the identification and correction of deficiencies and the prevention of their recurrence as they relate to ITAAC completion.

Section 6 of NEI 08-01 provides guidance on the amount of information that ITAAC closure notifications must contain. ITAAC closure notifications must contain sufficient information to allow the NRC to determine whether the ITAAC have been successfully completed. According to the Statements of Consideration for the 2007 10 CFR Part 52 rule, the closure notifications mandated by

10 CFR 52.99(c)(1) must also include sufficient information so that interested persons will have access to information about completed ITAAC at a level of detail sufficient to address the Atomic Energy Acts Section 189.a(1)(B) threshold for requesting a hearing on whether the acceptance criteria have been, or will be, met (Ref. 4).

Rev. 1 of RG 1.215, Page 6 The NEI guidance appropriately reflects that the NRC expects the notification of ITAAC

completion to contain more information than just a simple statement that the licensee has completed the ITAAC and has met the acceptance criteria. The NRC expects the notification to be sufficiently complete and detailed for a reasonable person to understand the bases for the licensees representation that it has successfully completed the inspections, tests, and analyses and has met the acceptance criteria. The term sufficient information requires, at a minimum, a summary description of the bases for the licensees conclusion that it has performed the inspections, tests, or analyses and that it has met the prescribed acceptance criteria (Ref. 4).

Each 10 CFR 52.99(c)(1) submittal should include sufficient information on the attributes that validate that the licensee has satisfied the acceptance criteria. The licensee should copy the ITAAC

directly from the COL to the ITAAC statement. The ITAAC determination basis (IDB) should include a clearly written description of how the licensee completed the inspections, tests, or analyses and should explain how it met the acceptance criteria. The licensee should provide enough detail about each inspection, test, or analysis to clearly indicate how it was completed and should state its results. The licensee should then compare the results to the acceptance criteria and should include the bases for its conclusion that the acceptance criteria have been met. The submittal should also include ITAAC-related construction findings related to the ITAAC and their closure status, confirmation from the licensees official representative that the licensee has met the acceptance criteria, and a list of references applicable to the ITAAC and available for NRC review. Appendix D to NEI 08-01 presents examples of ITAAC

closure notifications.

The regulation in 10 CFR 52.99(e)(2) (Appendix A to this regulatory guide) requires that the NRC make publicly available the licensee notifications under 10 CFR 52.99(c). Licensees should, to the extent possible, exclude sensitive or proprietary information that would otherwise be withheld under

10 CFR 2.390 in these notifications. If it is necessary to include such information, both public and nonpublic versions of the notification should be submitted.

In an effort to reduce a large surge in ITAAC closure notification submittals late in the construction period, licensees should submit closure notifications as soon as possible. Because of the nature of how ITAAC are normally developed, many complex ITAAC cannot be closed until larger systems have been fully completed. In cases in which these complex ITAAC have distinct, individual acceptance criteria for which licensees can demonstrate satisfaction earlier rather than waiting for closure of the entire ITAAC, they may submit those completed portions early. These partial submittals will follow the same format as the 10 CFR 52.99(c)(1) notifications and will identify what has been completed and what has not been completed. The partial submittals will not close the entire ITAAC but instead will lessen the burden of verifying ITAAC that have been completed over a long period of time. Each partial submittal of a complex ITAAC should describe all work performed to date and reference any previous submittals on the licensees progress in completing the ITAAC. The final closure notification will be a stand-alone 10 CFR 52.99(c)(1) notification that comprises the information previously submitted in the partial closure notifications and will need to include all of the information that correctly shows the progression of the closure of the ITAAC.

Section 7 of NEI 08-01 provides guidance on sufficient information for the 225-day notification of uncompleted ITAAC. The 225-day notification mandated by 10 CFR 52.99(c)(3) must include sufficient information so that interested persons will have information about uncompleted ITAAC at a level of detail sufficient to address the Atomic Energy Acts Section 189.a(1)(B) threshold for requesting a hearing on whether the acceptance criteria have been, or will be, met (Ref. 4). The uncomplete ITAAC

notification will be a predictive summary of how the licensee plans to complete the ITAAC that are not completed by 225 days before the scheduled loading of fuel. The partial closure notification submittals on complex ITAAC proposed in the discussion of NEI 08-01, Section 6, above do not replace the

Rev. 1 of RG 1.215, Page 7 requirement for the 10 CFR 52.99(c)(3) notifications. If, at 225 days before the scheduled loading of fuel, these complex ITAAC are uncomplete, a 10 CFR 52.99(c)(3) notification will be required for each ITAAC regardless of the partial submittals made on the completed portions.

The licensee must demonstrate that it will comply with the ITAAC, and it must provide sufficient information to demonstrate that it will perform the prescribed inspections, tests, or analyses and will meet the prescribed acceptance criteria for the uncompleted ITAAC. The term sufficient information requires, at a minimum, a summary description of the bases for the licensees conclusion that it will perform the inspections, tests, or analyses and that it will meet the prescribed acceptance criteria (Ref. 4).

In addition, sufficient information includes, but is not limited to, a description of the specific procedures and analytical methods that the licensee will use to perform the inspections, tests, and analyses and to determine that it has met the acceptance criteria (Ref. 2).

Each 10 CFR 52.99(c)(3) notification should include sufficient information for both the completed and uncompleted elements of the ITAAC. The licensee should copy the ITAAC directly from the COL to the ITAAC statement. Items that the licensee has completed toward ITAAC closure should be accompanied by a clearly written description that describes how it completed those portions of the inspections, tests, or analyses. Items that remain uncomplete for ITAAC closure should be accompanied by a clearly written description that describes how the licensee expects to complete those portions of the inspections, tests, or analyses and that subsequently concludes that the acceptance criteria will be met.

The licensee should include enough detail on each inspection, test, or analysis for both completed and uncompleted portions to clearly indicate how it completed, or will complete, those portions. The submittal should also include a schedule for completing the ITAAC and a list of references applicable to the ITAAC and available for NRC review. Appendix E to NEI 08-01 presents examples of uncomplete notifications.

Section 8 of NEI 08-01 discusses special topics, including ITAAC maintenance, design acceptance criteria (DAC); subsequent COL ITAAC closure; non-ITAAC systems; and guidance for inspections, tests, or analyses performed at locations other than the final installed location.

The regulation at 10 CFR 52.103(g) states, The licensee shall not operate the facility until the Commission makes a finding that the acceptance criteria in the combined license are met. Following the completion of any ITAAC, the licensee must maintain the validity of the acceptance criteria of the closed ITAAC to support the Commissions finding that the acceptance criteria are me

t. The ITAAC

maintenance period for any completed ITAAC is the period between the submission of an ITAAC closure notification in accordance with 10 CFR 52.99(c)(1) and an affirmative 10 CFR 52.103(g) finding. An acceptable licensee approach to maintaining ITAAC provides the NRC with confidence that the acceptance criteria continue to be met at the conclusion of construction when the Commission makes a determination under 10 CFR 52.103(g). One proposed method that the licensee can use to meet this requirement is to include ITAAC maintenance provisions in programs such as the quality assurance (QA)

program, the maintenance program, the corrective action program, and the design and configuration control program. These ITAAC maintenance provisions should include licensee plans and programs to ensure that activities affecting successfully completed ITAAC do not invalidate the conclusion that the acceptance criteria are met. Section 8.1.1 of NEI 08-01 addresses the attributes that licensees should include in their programs for maintaining the validity of successfully completed ITAAC. Specifically, Section 8.1.1 lists the QA program, the construction corrective action processes, the design and configuration control program, and the construction and maintenance program as available programs to which attributes can be added to facilitate successful ITAAC maintenance. The design and configuration control program should include an assessment and evaluation that confirms that the ITAAC potentially affected by a proposed change are still valid and assures the functionality originally intended.

Rev. 1 of RG 1.215, Page 8 While the section focuses mainly on the construction of components, systems, and buildings, this section also applies to the maintenance of emergency preparedness and security ITAAC. Although Sections 3.2, 8.1, and 8.2 of NEI 08-01 discuss the need for license amendments and exemptions in the ITAAC context, Appendix B to this regulatory guide contains Enclosure 1 to SECY-10-0100, Staff Progress in Resolving Issues Associated with Inspections, Tests, Analyses, and Acceptance Criteria, dated August 5, 2010 (Ref. 7), which is a more detailed discussion specifically focused on issues associated with ITAAC maintenance.

Section 8.1.2 of NEI 08-01 includes thresholds for determining when a licensee should notify the NRC of new information that it has discovered after the submission of an ITAAC closure notification or the All ITAAC Complete notification. During the development of the changes to 10 CFR 52.99, the staff revised its characterization of the reporting thresholds. This characterization differs slightly from that used in NEI 08-01, as follows:

Material Error or OmissionIs there a material error or omission in the original ITAAC closure notification?

Postwork Verification (PWV)Will the PWV use a significantly different approach than the original performance of the inspection, test, or analysis as described in the original ITAAC

notification?

Engineering ChangesWill an engineering change be made that materially alters the determination that the acceptance criteria are met?

Additional Items To Be VerifiedWill there be additional items that need to be verified through the ITAAC?

Complete and Valid ITAAC RepresentationWill any other licensee activities materially alter the ITAAC determination basis?

Each threshold listed in Section 8.1.2 of NEI 08-01 provides a supporting example explaining whether an ITAAC post-closure notification would be necessary. The example accompanying Threshold 1 in Section 8.1.2 of NEI 08-01 should add the following language in italics to clarify this additional reporting requirement:

Example: The AC states that 300 gpm [gallons per minute] flow passes through an MOV. The MOV is replaced and water cannot be flowed through the valve as part of the PWV to verify the AC continues to be met. Instead, the valve is stroked and an engineering analysis that verifies 300-gpm flow under all applicable conditions is performed to validate the AC. This would be an acceptable means to meet the AC

To ensure that the ITAAC continue to be met, the analysis in the PWV must specifically focus on the same acceptance criteria parameters that were measured in the original ITAAC performance.

Section 8.1.2 of NEI 08-01 also discusses the timing of notifications to the NRC, specifically, the determination of the need to submit an ITAAC post-closure notification. Licensees should notify the NRC within 7 days of determining the need to submit a 10 CFR 52.99(c)(2) notification. Appendix G to NEI 08-01 contains a template to use for making such early notifications.

Rev. 1 of RG 1.215, Page 9 Section 8.1.3 of NEI 08-01 includes guidance on developing the All ITAAC Complete notification that is required by 10 CFR 52.99(c)(4). If, after filing the All ITAAC Complete notification, the licensee identifies new information material to the basis for determining that a prescribed inspection, test, or analysis was performed as required or for finding that a prescribed acceptance criterion is met, it should determine whether that information materially alters the basis for the ITAAC

determination such that notification is required by 10 CFR 52.99(c)(2). If that is the case, the licensee should make an ITAAC maintenance prompt notification within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of determining that the new information exceeds a notification threshold, and should follow the format presented in Appendix G of NEI 08-01. Section 8.1.3 of NEI 08-01 recommends that the licensee should evaluate new information or conditions expeditiously to determine if a notification threshold is exceeded during this period before the 10 CFR 52.103(g) finding.

Section 8.2 of NEI 08-01 addresses DAC, which are a subset and special type of ITAAC. The staff defined DAC in SECY-92-053, Use of Design Acceptance Criteria during 10 CFR Part 52 Design Certification Reviews, dated February 19, 1992 (Ref. 5), to address design areas that rapidly change or for which sufficient as-built (or as-procured) information is unavailable to support design analysis. For example, digital instrumentation and control is a rapidly changing design area, and freezing its associated design details early in a design certification stage could make implementation of the certified design impractical for COL holders because the final instrumentation and control design and installation would be completed years after the design certification was completed.

DAC set forth the processes and acceptance criteria for completing design detail. DAC can be resolved through three different options: (1) an amendment to the design certification (generic), (2) a submittal as part of the COL application (plant specific), and (3) closure of the DAC during construction (plant specific). The NRC staff prefers to resolve DAC through the amendment of the design certification rule or to resolve DAC through the COL application review process because these two scenarios would be completed before construction begins.

As-built ITAAC will be used to demonstrate that the as-built facility conforms to the licensing basis. The successful completion of the as-built ITAAC will be documented through the ITAAC closure documentation process described in NEI 08-01.

The DAC review and inspection process is currently being developed. Detailed guidance on NRC review and inspection of DAC will be documented as appropriate in Inspection Manual Chapter 2503 (ITAAC Inspection) and corresponding inspection procedures.

ITAAC closure might involve closure notifications that are common to each licensee of a particular design. After the licensee submits the 10 CFR 52.99(c)(1) closure notification on a common issue to the NRC, subsequent licensees could submit notifications referencing identical information;

however, licensees must provide plant-specific information concerning acceptance criteria that require field activities, such as inspection of as-built SSCs or testing to verify the ability of installed SSCs to perform required functions.

Section 8.3 of NEI 08-01 includes information on subsequent COL ITAAC closure.

Section 8.4 of NEI 08-01 describes non-ITAAC systems. A non-ITAAC system might not have design commitments specifically listed under its system title; however, in some cases, it may have design commitments listed under another system title.

Section 8.5 of NEI 08-01 includes guidance for inspections, tests, or analyses performed at locations other than the final installed locations for licensees using the definition of as-built provided in

Rev. 1 of RG 1.215, Page 10

NEI 08-01. For ITAAC that specify that the inspection, test, or analysis is to be performed as built, licensees may take credit for inspections, tests, or analyses performed at locations other than the final installed location provided that it is technically justifiable to do so. NEI 08-01 provides guidance on when it is technically justifiable for the licensee to take credit for inspections, tests, and analyses performed at locations other than the final installed location for as-built ITAAC.

For the as-built inspections and tests detailed in Section 8.5 of NEI 08-01, if a question exists about whether an item falls into the category of standard industry practice for the performance of inspections or tests at locations other than the final installed location, the licensee is responsible for demonstrating that the actions taken were standard industry practice. The licensee should include this information in the 10 CFR 52.99(c)(1) notification. Inspections and tests performed at other than the final installed locations and designated as standard industry practice must still be technically justifiable. For example, Section 8.5 of NEI 08-01 recognizes that, for an inspection or test at other than the final installed location to be technically justifiable, it must be both in accordance with standard industry practice and also specified in procurement specifications. This section of NEI 08-01specifies that inspections of structures or components performed at other than the final installed location may be used as part of the IDB, provided that it is standard industry practice and specified in procurement specifications or in accordance with NRC regulatory guidance.

Section 9 of NEI 08-01 provides a list of acronyms used in the guide.

Appendix A to NEI 08-01 provides excerpts from 10 CFR Part 52, reflecting amendments through August 2007, that are applicable to the areas of discussion in the guidanc

e. The current text of

10 CFR 52.99 is not reflected in this appendix to NEI 08-01.

Appendix B to NEI 08-01 is reserved for future use.

Appendix C to NEI 08-01 generally describes common industry processes and practices used in performing ITAAC-related activities of common acceptance criteria categories. These categories include calculations and analyses, test procedures, special processes, inspection programs, code design reports from the American Society of Mechanical Engineers, reports that exist and conclude that acceptance criteria are met, procurement, material control, training and qualification, and modular construction and testing.

In addition to the topics discussed above, the staff recommends that licensees reference NUREG-0800, Chapter 17, Quality Assurance, Section 17.5(V), Nonsafety-Related SSC Quality Controls (Not Applicable to ESP Applicants), for expectations about QA use during the construction and installation of SSCs. In particular, the licensee should adapt a graded QA approach for the completion of nonsafety-related ITAAC and ITAAC associated with the regulatory treatment of nonsafety-related systems. As stated in NEI 08-01 Section 3.1.2, licensees should document ITAAC completion under their QA program because ITAAC have special regulatory significance under 10 CFR Part 52.

Appendix D to NEI 08-01 provides the set of ITAAC closure notifications that were prepared during the workshops and public meetings in 2007 and 2008. The template presented in Appendix D-1 to NEI 08-01 for these notifications required by 10 CFR 52.99(c)(1) discusses the level of detail recommended for the IDB. The NRC encourages the licensee to provide a level of detail that is commensurate with the complexity of ITAAC completion activities. This also applies to the technical justification for completing inspections, tests, or analyses if they are performed at locations other than the final installed location. In cases in which it is acceptable for the licensee to perform these inspections, tests, or analyses at locations other than the final installed location, the licensee must summarize the associated technical justification in the IDB of the closure notification to establish that it has successfully

Rev. 1 of RG 1.215, Page 11 completed the ITAAC in conformance with the definition of as-built. This can include appropriately specific references to the generic technical justifications in Section 8.5 of NEI 08-01.

Appendix E to NEI 08-01 provides the set of 225-day notifications that were also prepared during the workshops and public meetings in 2007 and 2008. Licensees can use these templates to submit notifications required by 10 CFR 52.99(c)(3). Each template contains a statement of the full ITAAC as it is included in the COL, a section describing the bases for considering the ITAAC complete, a section for an ITAAC-related construction finding review, and a closure statement followed by a licensee representatives signature for each submittal. Licensees must submit a 10 CFR 52.99(c)(3) notification for each uncompleted ITAAC by the 225-day milestone before the scheduled loading of fue

l. The

225-day notification requires additional detail about items that the licensee completed toward ITAAC

closure and about items that it must complete in the time before the 10 CFR 52.103(g) finding. The staff considers these notifications and those in Appendix D to NEI 08-01 to be examples and anticipates that differing or additional information, consistent with NEI 08-01, Section 6, Guidance on Sufficient Information for ITAAC Closure Letters, and Section 7, Guidance on Sufficient Information for

225-Day Notification of Uncompleted ITAAC, may be necessary for individual ITAAC notifications.

Licensees should review the criteria of Sections 6 and 7 of NEI 08-01 to determine the appropriate content.

Appendix F to NEI 08-01 provides a template for the All ITAAC Complete notification that is required by 10 CFR 52.99(c)(4). This notification is made concurrent with or after the last

10 CFR 52.99(c)(1) notification is submitted. The All ITAAC Complete notification serves to notify the NRC that all of the inspections, tests, and analyses have been performed; all acceptance criteria have been met; and all ITAAC conclusions are being maintained. The notification provides the staff with confidence that it can recommend an affirmative 10 CFR 52.103(g) finding by the Commission.

Appendix G to NEI 08-01 provides a template for ITAAC maintenance prompt notification to inform the NRC of conditions or events that exceed the ITAAC maintenance reporting thresholds presented in the discussion on NEI 08-01, Section 8.1.2, above. This prompt notification is to be used for events or conditions that materially alter the bases of the notifications under 10 CFR 52.99(c)(1).

Appendix H to NEI 08-01 provides examples of ITAAC maintenance. The examples are various scenarios and events that show whether an ITAAC post-closure notification would or would not be required.

Appendix I to NEI 08-01 provides the template and examples of the ITAAC post-closure notification required by 10 CFR 52.99(c)(2).

Appendices to this Regulatory Guide

Appendix A to this regulatory guide contains the text of 10 CFR 52.99.

Appendix B to this regulatory guide contains Enclosure 1, Inspections, Tests, Analyses, and Acceptance Criteria Maintenance Thresholds and Associated License Amendments, to SECY-10-0100

(Ref. 7).

Appendix C to this regulatory guide contains the flowchart and description for the implementation of 10 CFR 52.99 and 10 CFR 52.103(g) that the staff developed for use in public workshops, as described in Enclosure 3 of SECY-08-0117, Staff Approach To Verify Closure of Inspections, Tests, Analyses, and Acceptance Criteria and To Implement Title 10 CFR 52.99, Inspection during Construction, and Related Portion of 10 CFR 52.103(g) on the Commission Finding, dated

Rev. 1 of RG 1.215, Page 12 August 7, 2008 (Ref. 6). The process flowchart blocks are accompanied by numbered descriptions to further delineate each major milestone in the regulatory process for ITAAC closure and verification, up to and including the Commissions 10 CFR 52.103(g) finding.

C. STAFF REGULATORY GUIDANCE

1.

NEI 08-01

The NRC staff considers the methods discussed in NEI 08-01, Revision 4, to be acceptable for complying with the provisions of 10 CFR 52.99, subject to the comments above and the following position statements. The NEI 08-01 guidance for ITAAC closure notification development is considered to be applicable to all ITAAC, regardless of whether the basis is a generic design certification or a site-specific application.

2.

Other Documents Referenced in NEI 08-01

NEI 08-01 references other documents, but this regulatory guide does not endorse any of the referenced documents.

3.

Use of Examples in NEI 08-01

NEI 08-01 includes examples for notifications required by 10 CFR 52.99. Although these examples are intended to illustrate and reinforce the guidance in NEI 08-01, the licensee should not consider the NRCs endorsement of this industry guideline document a determination that each example applies to all licensees as it is presented and written in the guide. A licensee should ensure that an example applies to its particular circumstances before implementing it. The sufficient information, required by 10 CFR 52.99(c)(1), for any individual ITAAC closure notification can only be generically guided by the examples presented in NEI 08-01 Revision 4.

Ultimately, sufficient information must be determined with respect to the specific facts surrounding each ITAAC performance and closure.

4.

Use of Other Methods

Licensees may use methods other than those provided in NEI 08-01 to meet the requirements of

10 CFR 52.99. The staff will review such methods and determine the acceptability of other methods on a case-by-case basis.

Rev. 1 of RG 1.215, Page 13

D. IMPLEMENTATION

The purpose of this section is to provide information on how applicants and licensees may use this guide and information regarding the NRCs plans for using this regulatory guide. In addition, it describes how the NRC staff has complied with the Backfit Rule, 10 CFR 50.109, and any applicable finality provisions in 10 CFR Part 52.

Use by Applicants and Licensees

Applicants and licensees may voluntarily use the information in this regulatory guide to develop applications for initial licenses, amendments to licenses, requests for exemptions, or NRC regulatory approval. Licensees may use the information in this regulatory guide for actions that do not require prior NRC review and approval (e.g., changes to a facility design under 10 CFR 50.59 that do not require prior NRC review and approval). Licensees may voluntarily use the information in this regulatory guide or applicable parts to resolve regulatory or inspection issues (e.g., by committing to comply with provisions in the regulatory guide).

Current licensees may continue to use the guidance that was found acceptable for complying with specific portions of the regulations as part of their license approval process, which may be a previous version of this regulatory guide.

A licensee who believes that the NRC staff is inappropriately imposing this regulatory guide as part of a request for a license amendment or request for a change to a previously issued NRC regulatory approval may file a backfitting appeal with the NRC in accordance with applicable procedures.

Use by NRC Staff

The NRC staff does not intend or approve any imposition or backfitting of the guidance in this regulatory guide. The staff does not expect an existing licensee to use or commit to using the guidance in this regulatory guide in the absence of a licensee-initiated change to its licensing basis. The NRC staff does not expect or plan to request licensees to voluntarily adopt this regulatory guide to resolve a generic regulatory issue. The NRC staff does not expect or plan to initiate NRC regulatory action that would require the use of this regulatory guide (e.g., issuance of an order requiring the use of the regulatory guide, requests for information under 10 CFR 50.54(f) as to whether a licensee intends to commit to use of this regulatory guide, generic communication, or promulgation of a rule requiring the use of this regulatory guide) without further backfit consideration.

During inspections of specific facilities, the staff may suggest or recommend that licensees consider various actions consistent with staff positions in this regulatory guide as one acceptable means of meeting the underlying NRC regulatory requirement. Such suggestions and recommendations would not ordinarily be considered backfitting even if prior versions of this regulatory guide are part of the licensing basis of the facility with respect to the subject matter of the inspection. However, the staff may not represent to the licensee that: (1) the licensees failure to comply with the positions in this regulatory guide constitutes a violation, (2) the licensee may avoid the violation only by agreeing to comply with this regulatory guide, or (3) the only acceptable way for the licensee to address the NRC-identified noncompliance or violation is to commit to this regulatory guide (i.e., including this regulatory guide in the facilitys licensing basis).

If an existing licensee seeks a license amendment or change in an already-approved area of NRC

regulatory concern and (1) the NRC staffs consideration of the request involves a regulatory issue directly relevant to this new or revised regulatory guide and (2) the specific subject matter of this

Rev. 1 of RG 1.215, Page 14 regulatory guide is an essential consideration in the staffs determination of the acceptability of the licensees request, then, as a prerequisite for NRC approval of the license amendment or change, the staff may require the licensee to either follow the guidance in this regulatory guide or provide an equivalent alternative method that demonstrates compliance with the underlying NRC regulatory requirements. This is not considered backfitting as defined in 10 CFR 50.109(a)(1) or a violation of any of the issue finality provisions in 10 CFR Part 52.

Conclusion

This regulatory guide, as revised, is not being imposed on any current combined license holders.

The regulatory guide addresses information collection and reporting, which are matters outside the purview of the backfit rule and issue finality provisions in Part 52. In addition, current and future applicants for combined licenses are not protected by either the 10 CFR 50.109 or any of the finality provisions of Part 52 from changes in guidance applicable to holders of combined licenses. This regulatory guide is issued in conformance with all applicable internal NRC policies and procedures governing backfitting. Accordingly, the issuance of this regulatory guide is not considered backfitting, as defined in 10 CFR 50.109(a)(1), nor is it deemed to be in conflict with any of the issue finality provisions in 10 CFR Part 52.

Rev. 1 of RG 1.215, Page 15 REFERENCES1

1.

NEI 08-01, Industry Guideline for the ITAAC Closure Process under 10 CFR Part 52, Revision 4, Nuclear Energy Institute, Washington, DC, July 2010. (ADAMS Accession No. ML102010051).

2.

10 CFR Part 52, Licenses, Certifications, and Approvals for Nuclear Power Plants, U.S. Nuclear Regulatory Commission, Washington, DC.

3.

10 CFR Part 2, Rules of Practice for Domestic Licensing Proceedings and Issuance of Orders, U.S. Nuclear Regulatory Commission, Washington, DC.

4.

72 FR 49352, Licensees, Certifications, and Approvals for Nuclear Power Plants, Federal Register, Volume 45, Number 166, p. 49352, Washington, DC, August 28, 2007.

5.

SECY-92-053, Use of Design Acceptance Criteria during 10 CFR Part 52 Design Certification Reviews, U.S. Nuclear Regulatory Commission, Washington, DC, February 19, 1992.

6.

SECY-08-0117, Staff Approach To Verify Closure of Inspections, Tests, Analyses, and Acceptance Criteria and To Implement Title 10 CFR 52.99, Inspection during Construction, and Related Portion of 10 CFR 52.103(g) on the Commission Finding, U.S. Nuclear Regulatory Commission, Washington, DC, August 7, 2008.

7.

SECY-10-0100, Staff Progress in Resolving Issues Associated with Inspections, Tests, Analyses, and Acceptance Criteria, U.S. Nuclear Regulatory Commission, Washington, DC,

August 5, 2010.

8.

SECY-06-0114, Description of the Construction Inspection Program for Plants Licensed under

10 CFR Part 52, U.S. Nuclear Regulatory Commission, Washington, DC, May 13, 2006.

9.

NUREG-1409, Backfitting Guidelines, U.S. Nuclear Regulatory Commission, Washington, DC, July 1990.

10.

Management Directive 8.4, Management of Facility-Specific Backfitting and Information Collection, U.S. Nuclear Regulatory Commission, Washington, DC, October 2004.

1 Publicly available NRC published documents are available electronically through the NRC Library on the NRCs public Web site at: http://www.nrc.gov/reading-rm/doc-collections/. The documents can also be viewed on-line or printed for a fee in the NRCs Public Document Room (PDR) at 11555 Rockville Pike, Rockville, MD; the mailing address is USNRC PDR, Washington, DC 20555; telephone 301-415-4737 or (800) 397-4209; fax (301) 415-3548; and e-mail pdr.resource@nrc.gov.

Appendix A to Rev. 1 of RG 1.215, Page A-1 APPENDIX A

TEXT OF 10 CFR 52.99, INSPECTION DURING CONSTRUCTION; ITAAC SCHEDULES

AND NOTIFICATIONS; NRC NOTICES.

(a) Licensee schedule for completing inspections, tests, or analyses. The licensee shall submit to the NRC, no later than 1 year after issuance of the combined license or at the start of construction as defined at 10 CFR 50.10(a), whichever is later, its schedule for completing the inspections, tests, or analyses in the ITAAC. The licensee shall submit updates to the ITAAC schedules every 6 months thereafter and, within 1 year of its scheduled date for initial loading of fuel, the licensee shall submit updates to the ITAAC schedule every 30 days until the final notification is provided to the NRC under paragraph (c)(1)

of this section.

(b) Licensee and applicant conduct of activities subject to ITAAC. With respect to activities subject to an ITAAC, an applicant for a combined license may proceed at its own risk with design and procurement activities, and a licensee may proceed at its own risk with design, procurement, construction, and preoperational activities, even though the NRC may not have found that any one of the prescribed acceptance criteria are met.

(c) Licensee notifications.

(1) ITAAC closure notification. The licensee shall notify the NRC that prescribed inspections, tests, and analyses have been performed and that the prescribed acceptance criteria are met. The notification must contain sufficient information to demonstrate that the prescribed inspections, tests, and analyses have been performed and that the prescribed acceptance criteria are met.

(2) ITAAC post-closure notifications. Following the licensees ITAAC closure notifications under paragraph (c)(1) of this section until the Commission makes the finding under 10 CFR 52.103(g), the licensee shall notify the NRC, in a timely manner, of new information that materially alters the basis for determining that either inspections, tests, or analyses were performed as required, or that acceptance criteria are met. The notification must contain sufficient information to demonstrate that, notwithstanding the new information, the prescribed inspections, tests, or analyses have been performed as required, and the prescribed acceptance criteria are met.

(3) Uncompleted ITAAC notification. If the licensee has not provided, by the date 225 days before the scheduled date for initial loading of fuel, the notification required by paragraph (c)(1) of this section for all ITAAC, then the licensee shall notify the NRC that the prescribed inspections, tests, or analyses for all uncompleted ITAAC will be performed and that the prescribed acceptance criteria will be met prior to operation. The notification must be provided no later than the date 225 days before the scheduled date for initial loading of fuel, and must provide sufficient information to demonstrate that the prescribed inspections, tests, or analyses will be performed and the prescribed acceptance criteria for the uncompleted ITAAC will be met, including, but not limited to, a description of the specific procedures and analytical methods to be used for performing the prescribed inspections, tests, and analyses and determining that the prescribed acceptance criteria are met.

(4) All ITAAC complete notification. The licensee shall notify the NRC that all ITAAC are complete.

(d) Licensee determination of non-compliance with ITAAC.

Appendix A to Rev. 1 of RG 1.215, Page A-2

(1) In the event that an activity is subject to an ITAAC derived from a referenced standard design certification and the licensee has not demonstrated that the prescribed acceptance criteria are met, the licensee may take corrective actions to successfully complete that ITAAC or request an exemption from the standard design certification ITAAC, as applicable. A request for an exemption must also be accompanied by a request for a license amendment under 10 CFR 52.98(f).

(2) In the event that an activity is subject to an ITAAC not derived from a referenced standard design certification and the licensee has not demonstrated that the prescribed acceptance criteria are met, the licensee may take corrective actions to successfully complete that ITAAC or request a license amendment under 10 CFR 52.98(f).

(e) NRC inspection, publication of notices, and availability of licensee notifications. The NRC shall ensure that the prescribed inspections, tests, and analyses in the ITAAC are performed.

(1) At appropriate intervals until the last date for submission of requests for hearing under 10 CFR

52.103(a), the NRC shall publish notices in the Federal Register of the NRC staffs determination of the successful completion of inspections, tests, and analyses.

(2) The NRC shall make publicly available the licensee notifications under paragraph (c) of this section.

The NRC shall, no later than the date of publication of the notice of intended operation required by 10

CFR 52.103(a), make publicly available those licensee notifications under paragraph (c) of this section that have been submitted to the NRC at least seven (7) days before that notice.

Appendix B to Rev. 1 of RG 1.215, Page B-1 APPENDIX B

ENCLOSURE 1 TO SECY-10-0100, INSPECTIONS, TESTS, ANALYSES,

AND ACCEPTANCE CRITERIA MAINTENANCE THRESHOLDS AND

ASSOCIATED LICENSE AMENDMENTS

Enclosure 1 to SECY 09-0119, Staff Progress in Resolving Issues Associated with Inspections, Tests, Analyses, and Acceptance Criteria, dated August 26, 2009, presented four thresholds for identifying when activities would materially alter the determination bases for inspections, tests, analyses, and acceptance criteria (ITAAC). Throughout the past year, the U.S. Nuclear Regulatory Commission staff refined the ITAAC maintenance thresholds after interactions with interested stakeholders during the ITAAC public workshop series. These refinements are intended to optimize the effectiveness of the thresholds and to clearly articulate the criteria for reporting. Each item below is an updated version of the thresholds proposed in Enclosure 1 to SECY 09-119. Following each threshold is a discussion on license amendments that would be necessary beyond the envelope of the threshold. These discussions describe scenarios that pertain to the threshold and state when a license amendment would be necessary.

Threshold 1: Postwork Verification

Will the postwork verification (PWV) use a significantly different approach than the original performance of the inspection, test, or analysis (ITA) as described in the original ITAAC notification?

Threshold 1 involves situations in which the occurrence of an event could call into question whether a licensee continues to meet an acceptance criterion (AC). Such situations could involve many types of maintenance activities, including component replacement. After work is complete, a PWV will be used to confirm that the licensee still meets the AC. The PWV is not a performance of the ITA because the licensee has already satisfied the requirement to perform the ITA; instead, the PWV and its results supplement the performance of the ITA to provide confidence that the licensee continues to meet the AC.

The nature and the scope of the PWV will depend upon the nature of the initiating event, the maintenance activities undertaken, and the specific ITAAC that is implicated by the event. If the PWV represents an alternate approach that is significantly different from the approach described in the original ITAAC

notification, a supplemental notification is necessary to provide the agency and members of the public information that is material to the agencys determination on ITAAC.

Because the PWV is not a performance of the ITA but rather a supplement to the performance of the ITA,

the PWV does not have to comport with the ITA set forth in the license. However, the licensee would need to seek an amendment to that ITA in the license if no reasonable alternate PWV approach is available to demonstrate that the AC continues to be met. Whether an alternative PWV is reasonable or not depends on several factors, including the engineering justification provided and the wording of both the ITA and the AC. A reasonable alternative to the original ITA represents a different, yet acceptable, engineering equivalent for performing the activity prescribed in the ITAAC. As an example, if a test was the original prescribed ITA, then the PWV should also be a test, or possibly a combination of a test and analysis or a test and an inspection. The PWV methodology should generally follow the methodology used in the original prescribed ITA.

A license amendment would also be necessary if the PWV reveals that the licensee never met the AC

because the original ITA, as worded in the license, was flawed.

Appendix B to Rev. 1 of RG 1.215, Page B-2 Threshold 2: Engineering Changes

Will an engineering change be made that materially alters the determination that the acceptance criteria are met?

License amendments would also be necessary if the engineering change results in the need to identify new AC or if the engineering change results in a design for which the AC as written cannot be demonstrated using the original ITAs.

Threshold 3: Population of Systems, Structures, and Components

Will there be additional items that need to be verified through the ITAAC?

A license amendment would be needed if there are additional items subject to verification through the existing ITAAC, but the licensee proposes not to perform the ITAs specified in the ITAAC. An amendment would also be required if new or amended ITAAC are needed to cover new items (e.g., the new items are of a different type than those covered in the original ITAAC).

Threshold 4: Complete and Valid ITAAC Representation

Will any other licensee activities materially alter the ITAAC determination basis?

A license amendment would be needed if an update of the determination basis necessitates a change to any portion of ITAAC in the license for reasons not covered under thresholds 1, 2, and 3.

Appendix C to Rev. 1 of RG 1.215, Page C-1 No Yes No Yes No No Yes Yes No MC2504 MC2503

52.99(c)(1) submittal

(9)

52.99(c)(3)

Uncomplete ITAAC

notification

(7)

Is the ITAAC

complete?

(1)

Did NRC

determine ITAAC

successfully completed?

(10)

More than

225 days until fuel load? (5)

52.99(c)(1)

submittal

(2)

Yes Tech Specs No ITAAC to be completed by licensee (8)

Fuel load and mode change

(19)

Did NRC

determine ITAAC

successfully completed?

(3)

Licensee needs to complete all ITAAC and submit closure notifications for each ITAAC

(17)

10 CFR 52.103(a) Commission must publish notice of intended operation

180 days before scheduled fuel load

10 CFR 52.99(c)(3) Uncomplete ITAAC notification requirement

225 days before scheduled fuel load

52.103(g)

Fuel Load Start construction

(4 to 5 years duration)

For a given ITAAC, ITAAC is considered closed

(11)

FRN of staff determination for individual ITAAC or ITAAC

family, as required

(12)

ITAAC considered to be work-in- progress and closure notification not submitted

(6)

Operation ROP

Yes Substantiated information received that invalidates the closed status of any ITAAC (14)

Update FRN for affected ITAAC as appropriate (15)

ITAAC to be reworked and/or closure notification resubmitted by licensee

(4)

Each ITAAC

listed in the combined license Hearing contentions addressed Timeline of Major Milestones (not to scale)

Licensee use of developed programs to preserve the satisfaction of acceptance criteria of completed ITAAC

(13)

All acceptance criteria are met? (16)

52.103(g)

finding

(18)

APPENDIX C

Flowchart and Description of Implementation under 10 CFR 52.99 and 10 CFR 52.103(g)

Appendix C to DG-1250, Page C-2 Process Block Descriptions

(1)

This is the first decision block for any given inspection, test, analysis, and acceptance criterion (ITAAC), and the licensee needs to assess each ITAAC from the license. Each ITAAC can enter this block at any time during construction regardless of its completed or uncompleted status for processing through this flowchart.

(2)

If (1) is yes, then the licensee must submit a closure notification pursuant to

10 CFR 52.99(c)(1).

(3)

The U.S. Nuclear Regulatory Commission (NRC) will perform ITAAC closure verification activities, including direct inspection, engineering reviews, and consideration of licensee performance within an ITAAC family. Licensee performance within an ITAAC family is taken into consideration for determination of subsequent licensee ITAAC submittals. Yes indicates that the staff has determined that the ITAAC was successfully completed and is closed. No indicates that the ITAAC is not closed and remains uncomplete.

(4)

If (3) is no, the NRC has determined that either the 10 CFR 52.99(c)(1) closure notification information is insufficient or that the licensee has not met the acceptance criteria for the given ITAAC. The licensee will either need to resubmit a closure notification that contains sufficient information demonstrating that it has completed the ITAAC, or the licensee will need to rework the ITAAC and redo the inspections, tests, and analyses. In either case, the licensee will need to resubmit the 10 CFR 52.99(c)(1) closure notification.

(5)

If (1) is no, the licensee needs to identify if the time to scheduled fuel load is greater than

225 days. At the 225-day milestone, the licensee is required to submit 10 CFR 52.99(c)(3)

uncomplete ITAAC notifications for those ITAAC not yet completed and the 10 CFR 52.99(c)(1)

closure notification not yet submitted.

(6)

If (5) is yes, there is no 10 CFR 52.99(c)(3) uncomplete notification required for this ITAAC,

and the ITAAC under consideration is in the work-in-progress population.

(7)

If (5) is no, the licensee needs to submit to the NRC a 10 CFR 52.99(c)(3) uncomplete ITAAC

notification. This notification needs to contain sufficient information to demonstrate that the licensee will perform the ITAAC.

(8)

Entry here indicates that an individual ITAAC remains in the uncomplete population. Once the licensee concludes that it has met the acceptance criteria, process block (9) is entered.

(9)

Upon successfully meeting the acceptance criteria for a given ITAAC, the licensee can submit the

10 CFR 52.99(c)(1) closure notification to the NRC.

(10)

The NRC will perform ITAAC closure verification activities. This decision block is identical to block (3).

(11)

If (10) is yes, the NRC staff has determined that the licensee has met the acceptance criteria.

Appendix C to DG-1250, Page C-3

(12)

The NRC determination that the licensee has successfully completed an ITAAC is published in the Federal Register until the last date for submission of requests for hearings under

10 CFR 52.103(a). The NRC can publish a Federal Register notice (FRN) for individual ITAAC

(if needed) or multiple ITAAC (such as an entire family). The NRC is not required to publish an FRN after the last date for submission of requests for hearings under 10 CFR 52.103(a).

(13)

The licensee will apply developed programs such as quality assurance and maintenance to preserve the satisfaction of acceptance criteria for completed ITAAC, and ensure the validity of ITAAC conclusions.

(14)

Any substantiated information received by the NRC, including allegations, can invalidate the closed status of any ITAAC.

(15)

If (14) is yes, then, depending on the severity of the substantiated allegation or information received, the FRN for each affected ITAAC could be updated accordingly. Also depending on the severity of the situation, the licensee may or may not have options available to act accordingly to preserve the FRN for the affected ITAAC.

(16)

This process block collectively considers if the licensee has met all ITAAC acceptance criteria.

(17)

If (16) is no, then the licensee needs to complete all ITAAC and ensure that it meets, and continues to meet, all the acceptance criteria for the 10 CFR 52.103(g) finding.

(18)

At the time of the 10 CFR 52.103(g) finding, all acceptance criteria must be met, such as when

(16) is yes. Also, this timeline and flowchart do not contemplate an interim operation scenario whereby the Commission could authorize a period of interim operation that would allow the licensee to load fuel before making the 10 CFR 52.103(g) finding, per 10 CFR 52.103(c).

(19)

With an affirmative Commission 10 CFR 52.103(g) finding, the licensee will be authorized to load fuel and enter operational status.


Retrieved from "https://kanterella.com/w/index.php?title=Regulatory_Guide_1.215&oldid=5272793"