June 16, 1999

The Secretary of the Commission
U.S. Nuclear Regulatory Commission
Washington, DC 20555-0001

Attn: Rulemakings and Adjudications Staff

Re: Federal Register Notice (Volume 64, Number 80 April 27, 1999) Solicitation of Public Comments Regarding Proposed Supplement To The Proposed Rule Published On December 3, 1997 (62 FR 63892) That Would Eliminate The 120 Month Requirement For Licensees To Update Their Inservice Inspection And Inservice Testing Programs

To Whom It May Concern:

The American Society of Mechanical Engineers (ASME), also known as ASME International, is a not-for-profit engineering society focused on technical, educational, and research issues. There are 125,000 ASME members worldwide; there are no corporate members. ASME conducts one of the world’s largest technical publishing operations, holds some 30 technical conferences and 200 professional development courses each year, and sets industrial and manufacturing codes and standards used throughout the world; there are ASME accredited manufacturers in 58 countries.

The enclosure provides the position of the American Society of Mechanical Engineers, which is in response to the supplement to the proposed rule.  

ASME opposes the NRC supplement to the proposed rule for the reasons summarized below and as expanded upon in the enclosure:

The benefits gained in implementing the 120 month update outweigh the cost of making the update.

The Codes are living documents that are moving from prescribed repetitive inspection and tests to a more risk-informed and performance-based approach that both the NRC and ASME are moving toward as a high priority.

The ASME standards development process and system provide a multiplier effect that captures all Code changes and collective committee experience in direct support of the 120- month update.

Elimination of the 120-month update is considered contrary to the spirit of the intended implementation of Public Law 104-113 and OMB A-119.
The 120-month update has served as a mechanism for licensees to keep their ISI and IST programs consistent with current improvements in technology reflected in codes and standards, including improvements affecting health and safety and increased efficiencies, and ongoing assessment of the process by NRC. It provides for systematic implementation of safety enhancements with a minimum of bureaucratic involvement. Updating focuses on an evaluation of the entire program to later code requirements, identifies errors and deficiencies and forms the basis for making corrections and enhancements to ISI & IST Programs. It reflects the latest edition and addenda to the ASME Codes endorsed by the NRC. It will maintain a more current, consistent and uniform standard for the entire industry that will minimize separate submittals and evaluations on a case-by-case basis between utilities and NRC staff.

The effect of savings from many Code revisions over several Code editions must be taken into account including, for example, the cumulative significant beneficial effect of many small and subtle changes that improved safety and reduced personnel exposure to radiation. Updating to the latest Code requirements will result in a net reduction in work required, personnel exposure and continue to increase economic benefits over the remaining life of the plant.

Sincerely,
James A. Perry, Vice President
Nuclear Codes and Standards

Gerald M. Eisenberg, Director
|Nuclear Codes and Standards

Enclosure

cc with enc
D.A.. Powers, Chairman, USNRC-ACRS
Dr. W. D. Travers, Executive Director of Operations-USNRC
Richard E. Feigel, ASME Sr. VP-C&S
Domenic A. Canonico, Chairman ASME B&PV Committee
Members, ASME Board on Nuclear Codes and Standards
Members, ASME Council on Codes and Standards June Ling, ASME AED C&S

Enclosure

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June 16, 1999

Chairman Shirley Jackson
U.S. Nuclear Regulatory Commission
Washington, D.C. 20555-0001

Dear Chairman Jackson:

The American Society of Mechanical Engineers (ASME) wishes to bring to your attention its position on the above referenced proposed rulemaking on the elimination of the 120-month requirement for licensees to update their inservice inspection (ISI) and inservice testing (IST) programs.

ASME believes that the benefits gained in implementing the 120-month update significantly outweigh the associated costs. Updating focuses on an evaluation of the entire program to later ASME Code requirements and forms the basis for making necessary changes and enhancements to ISI and IST programs.

It is also our position that the proposed change to eliminate this update requirement and to establish the 1989 Edition of the ASME Boiler and Pressure Vessel (BPV) Code, Section XI, as the baseline (i.e. latest mandatory) edition/addenda is contrary to the spirit of Public Law 104-113 “National Technology Transfer and Advancement Act of 1995.” This Act requires federal agencies to make greater utilization of technical consensus standards within the constraints of fulfilling their statutory obligations. While we recognize that the NCR proposed change would include endorsement of later editions/addenda for voluntary implementation by licensees, we are concerned over the long-term implications of selective voluntary updates. The continuous maintenance of ASME Boiler and Pressure Vessel Code Section XI, Rules for Inservice Inspection of Nuclear Power Plant Components and ASME OM-Code for Operation and Maintenance of Nuclear Power Plants enable the incorporation of technological advances that provide cost benefit to the industry while maintaining safety; the proposed rulemaking amendment would weaken the benefits derived from the technical consensus process. ASME’s continuous maintenance and improvement of these codes and standards have been based on the assumption of a required 120-month update.

ASME’s detailed comments have been submitted in accordance with the Federal Register notice; a copy is attached. In view of the significance of this proposed rulemaking amendment, ASME decided it was important to communicate our position to the Commission. It is our position that maintaining the 120-month update will provide for greater cost benefits to the industry, facilitate NRC’s regulatory oversight, and better serve the common objective of public safety.

ASME would be pleased to continue discussion on this proposed amendment as and when deemed appropriate. We thank you for your consideration.

Sincerely,
Robert E. Nickell

cc:

David L. Belden, ASME Executive Director
Donald R. Frikken, ASME Sr. Vice President,
C&S June Ling, ASME Assoc. Exec. Director, C&D