View Rule

This rulemaking would amend the NRC's regulations to authorize the use of recent editions of American Society of Mechanical Engineers (ASME) codes. The rule would incorporate by reference the 2019 Edition of the ASME Boiler and Pressure Vessel Code and the 2020 Edition of the ASME Operations and Maintenance of Nuclear Power Plants Code into the NRC's regulations, with conditions. This action increases consistency across the industry and makes use of current voluntary consensus standards (as required by the National Technology Transfer and Advancement Act), while continuing to provide adequate protection to the public. This rulemaking would affect nuclear power reactor licensees. 

Statement of Need:

The need for the rulemaking is to update the regulations to incorporate the latest editions of consensus standards.

Summary of the Legal Basis:

The legal basis for the proposed action is 42 U.S.C. 2201, 42 U.S.C. 5841, and 10 CFR part 2, Agency Rules of Practice and Procedure, "Subpart H, Rulemaking."

Alternatives:

In the absence of incorporation by the reference of the latest Editions of ASME Codes, licensees will continue to implement Code editions that are currently incorporated by reference in the rule and will not be able to take advantage of the latest advantages of ASME Codes, including relaxation of certain requirements in the proposed rule. Thus, licensees will have to continue to implement the requirements of older Code editions and continue to request exemptions from certain requirements that would otherwise not be needed. This may result in nuclear power plant licensees, who would be the primary beneficiaries, to not be able to apply the latest editions of ASME Codes, and the NRC would not be able to meets its goal of ensuring the protection of public health and safety and the environment by continuing to provide the NRC's approval of ASME Code editions that allow the use of the most current methods and technology and that may decrease the likelihood of an accident and, therefore, decrease the overall risk to public health.

Anticipated Costs and Benefits:

The proposed rule would result in a cost-justified change based on a net (i.e., taking into account both costs and benefits) averted cost to the industry ranging from $6.26 million (7-percent net present value (NPV)) to $6.99 million (3-percent NPV). Relative to the regulatory baseline, the NRC would realize a net averted cost ranging from $0.49 million (7-percent NPV) to $0.57 million (3-percent NPV). The total costs and benefits of proceeding with the rule would result in net averted costs to the industry and the NRC ranging from $6.75 million (7-percent NPV) to $7.56 million (3-percent NPV).  Other benefits of the proposed rule include the NRC’s continued ability to meet its goal of ensuring the protection of public health and safety and the environment through the agency’s approval of new editions of the ASME BPV Code and ASME OM Code, which allow the use of the most current methods and technology.

Risks:

In the absence of incorporation by the reference of the latest Editions of ASME Codes, licensees will continue to implement Code editions that are currently incorporated by reference in the rule and will not be able to take advantage of the latest advantages of ASME Codes, including relaxation of certain requirements in the proposed rule. Thus, licensees will have to continue to implement the requirements of older Code editions and continue to request exemptions from certain requirements that would otherwise not be needed. This may result in nuclear power plant licensees, who would be the primary beneficiaries, to not be able to apply the latest editions of ASME Codes, and the NRC would not be able to meets its goal of ensuring the protection of public health and safety and the environment by continuing to provide the NRC's approval of ASME Code editions that allow the use of the most current methods and technology and that may decrease the likelihood of an accident and, therefore, decrease the overall risk to public health.