[Federal Register Volume 67, Number 212 (Friday, November 1, 2002)]
[Proposed Rules]
[Pages 66578-66588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27701]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 50
RIN 3150-AG48
Voluntary Fire Protection Requirements for Light Water Reactors;
Adoption of NFPA 805 as a Risk-Informed, Performance-Based Alternative
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to
amend its fire protection requirements for nuclear power reactor
licensees. The proposed rule would permit reactor licensees to
voluntarily adopt a set of fire protection requirements contained in
the National Fire Protection
[[Page 66579]]
Association (NFPA) Standard 805, ``Performance-Based Standard for Fire
Protection for Light Water Reactor Electric Generating Plants, 2001
Edition'' (NFPA 805). The proposed rule would provide existing nuclear
power plant licensees with an alternative set of risk-informed,
performance-based fire protection requirements.
DATES: Submit comments by January 15, 2003. Comments received after
this date will be considered if it is practical to do so, but the
Commission is only able to ensure consideration of comments received on
or before this date.
ADDRESSES: Submit written comments to: Secretary, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking
and Adjudications Staff. Written comments may also be hand-delivered to
11555 Rockville Pike, Rockville, Maryland, between 7:30 a.m. and 4:15
p.m. on Federal workdays.
Documents related to this rulemaking may be examined and copied for
a fee at the NRC's Public Document Room (PDR), One White Flint North,
11555 Rockville Pike (first floor), Rockville, Maryland (NFPA standards
and copyrighted NFPA 805 may only be examined in the PDR). Copies of
NFPA 805 may be purchased from the NFPA Customer Service Department, 1
Batterymarch Park, P.O. Box 9101, Quincy, MA 02269-9101 and in PDF
format through the NFPA Online Catalog (www.nfpa.org) or by calling 1-
800-344-3555 or 617-770-3000.
The NRC maintains an Agencywide Documents Access and Management
System (ADAMS), which provides text and image files of the agency's
public documents. These documents may be accessed through the NRC's
Public Electronic Reading Room on the Internet at http://www.nrc.gov/NRC/ADAMS/index.html. If you do not have access to ADAMS, or if you
encounter any problems in accessing the documents stored in ADAMS,
contact the NRC's Public Document Room (PDR) Reference Staff by
telephone at 1-800-397-4209, or 301-415-4737, or via email to
[email protected]. Certain documents (other than NFPA 805) may also be
accessed electronically via the NRC's interactive rulemaking Web site:
http://ruleforum.llnl.gov.
FOR FURTHER INFORMATION CONTACT: Leon E. Whitney, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC
20555-0001. Mr. Whitney can also be reached by telephone 301-415-3081,
or via email at: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background and Rulemaking Initiation
II. Discussion
III. Analytical Processes for Plant-Wide Reviews
IV. Licensee Impact
V. Benefits
VI. Additional Issue for Public Comment
VII. Availability of Documents
VIII. Electronic Access for Comment Submission
IX. Plain Language
X. Voluntary Consensus Standards
XI. Environmental Assessment and Finding of No Significant
Environmental Impact
XII. Paperwork Reduction Act Statement
XIII. Regulatory Analysis
XIV. Regulatory Flexibility Act Certification
XV. Backfit Analysis
I. Background and Rulemaking Initiation
In 1971, the NRC promulgated General Design Criterion (GDC) 3,
``Fire protection,'' of Appendix A to 10 CFR part 50. Subsequently
(largely as a result of the fire at Browns Ferry Nuclear Plant in
1975), the NRC developed specific guidance for implementing GDC 3, as
provided in Branch Technical Position (BTP) Auxiliary Power Conversion
Systems Branch (APCSB) 9.5-1, ``Guidelines for Fire Protection for
Nuclear Power Plants,'' dated May 1, 1976, and Appendix A to BTP APCSB
9.5-1, ``Guidelines for Fire Protection for Nuclear Power Plants
Docketed Prior to July 1, 1976,'' dated February 24, 1977. In the late
1970s, the NRC worked with licensees to establish configurations that
meet this guidance, reaching closure on most issues. However, to
resolve the remaining contested issues, the NRC published the final
fire protection rule (10 CFR 50.48, ``Fire Protection'') and Appendix R
to 10 CFR part 50 on November 10, 1980 (45 FR 76602).
Light water reactor licensees are currently required to have fire
protection programs that comply with 10 CFR 50.48 and Criterion 3 of
Appendix A to 10 CFR part 50 (GDC 3). A fire protection program that
satisfies Criterion 3 is required for all operating nuclear power
plants by 10 CFR 50.48(a). Criterion 3--``Fire protection,'' requires
that structures, systems, and components (SSCs) important to safety
shall be designed and located to minimize, consistent with other safety
requirements, the probability and effects of fires and explosions.
Further it requires that fire detection and fighting systems of
appropriate capacity and capability be provided and designed to
minimize the adverse effects of fires on SSCs important to safety.
These fire protection requirements are deterministic.
As stated in 10 CFR 50.48(b)(1), with the exception of Sections
III.G, III.J, and III.O of Appendix R, nuclear power plants that were
licensed to operate before January 1, 1979, are exempt from the
requirements of Appendix R to 10 CFR part 50, to the extent that
features meeting the provisions of Appendix A to Branch Technical
Position (BTP) APCSB 9.5-1 had been accepted by the NRC staff. These
reactor plants otherwise must meet 10 CFR 50, Appendix R, as well as
any requirements contained in plant specific fire protection license
conditions and/or technical specifications. Nuclear power plants that
were licensed to operate after January 1, 1979, must comply with 10 CFR
50.48(a) as well as any plant-specific fire protection license
conditions and/or technical specifications. Their fire protection
license conditions typically reference Safety Evaluation Reports (SERs)
generated by the NRC as the product of initial licensing reviews
against either Appendix A to BTP APCSB 9.5-1 and the criteria of
certain sections of 10 CFR 50, Appendix R, or against NUREG 0800, the
NRC's Standard Review Plan (SRP) for fire protection (which closely
follows the structure of 10 CFR 50, Appendix R).
The NRC has issued approximately 900 exemptions from the technical
requirements specified in Appendix R. These exemptions were granted to
licensees that submitted a technical evaluation demonstrating that an
alternative fire protection approach satisfied the underlying safety
purpose of Appendix R. During the initial implementation period for
``Pre-1979 Appendix R plants,'' the NRC granted exemptions under the
provisions of 10 CFR 50.48(c)(6), which has since been deleted. For
exemptions requested by ``Pre-1979'' plants after the licensee's
initial Appendix R implementation period, the NRC has conducted its
reviews in accordance with the provisions specified in 10 CFR 50.12
``Specific exemptions.'' ``Post-1979'' plants have also requested and,
when deemed acceptable by the staff, received approval to deviate from
their licensing requirements. The processing of exemption and deviation
requests has placed a significant burden on the resources of the NRC
and the nuclear industry.
Industry representatives and some members of the public have
described the current deterministic fire protection requirements as
``prescriptive'' and an ``unnecessary regulatory burden.'' Beginning in
the late 1990s, the Commission provided the NRC staff with guidance for
identifying and
[[Page 66580]]
assessing performance-based approaches to regulation (see SECY-00-0191,
``High-Level Guidelines for Performance-Based Activities,'' dated
September 1, 2000, and Staff Requirements Memorandum (SRM) entitled
``White Paper on Risk-Informed and Performance-Based Regulation,''
dated March 1, 1999, issued subsequent to SECY-98-144). This guidance
augmented the risk-related guidance in the NRC's Probabilistic Risk
Assessment (PRA) Policy Statement and Regulatory Guide 1.174, ``An
Approach for Using Probabilistic Risk Assessment in Risk-Informed
Decisions on Plant-Specific Changes to the Licensing Basis,'' dated
July 1998.
In SECY-00-0009 dated January 13, 2000, the NRC staff requested and
received Commission approval for proceeding with a rulemaking to permit
reactor licensees to adopt NFPA 805 as a voluntary alternative to
existing fire protection requirements. On February 24, 2000, in a Staff
Requirements Memorandum (SRM) titled ``Rulemaking Plan, Reactor Fire
Protection Risk-Informed, Performance-Based Rulemaking,'' the
Commission directed the staff to proceed with this rulemaking.
The NFPA Standards Council approved 2001 Edition of NFPA 805 as a
performance-based American National Standard for light water nuclear
power plants, effective February 9, 2001. The NRC cooperatively
participated in the development of NFPA 805. The standard specifies the
minimum fire protection requirements for existing light water nuclear
power plants during all modes (``phases'' in NFPA 805) of plant
operation, including, shutdown, degraded conditions, and
decommissioning.
The Nuclear Energy Institute (NEI) expressed support for the
rulemaking in a letter dated September 13, 2001. The staff prepared a
memorandum, dated October 9, 2001, informing the Commission that the
staff had revised the rulemaking plan such that the staff would submit
the proposed rule revision to the Commission by July 2002, and the
final rule revision 12 months after the NRC published the proposed rule
revision for public comment. Additionally, the staff informed the
Commission that it was pursuing development of the implementation
guidance to be endorsed by a regulatory guide. NEI is currently
developing this guidance.
Draft Rule Language and Public Comment
On December 20, 2001 (66 FR 65661), the NRC published in the
Federal Register draft rule language proposing to endorse NFPA 805, and
posted this draft language on the NRC's interactive Rulemaking Forum
Web site at http://ruleforum.llnl.gov. The NRC requested public comment
on the draft rule language.
The comment period on the draft rule language ended on February 4,
2002. In response to the Federal Register notice the NRC received five
sets of comments from the NRC staff, industry consultants, licensees
and industry organizations, as summarized below:
An NRC staff member pointed out that the draft rule language
inadvertently overlooked an entire class of licensees (i.e., the so-
called ``post January 1, 1979 licensees''). The NRC agrees with this
comment and has corrected this oversight in the proposed rule by
including this class of licensee.
The Nuclear Energy Institute (NEI) disagreed with a proposed NRC
exception to NFPA 805 which would not endorse the italicized exception
contained in Section 3.3.5.3 of NFPA 805. This italicized exception had
the effect of permitting existing electrical cable which does not
comply with a flame propagation test acceptable to the NRC to remain as
is. Compliance with an electrical cable flame propagation test has been
in NRC guidance since 1981 (NUREG 0800, the NRC's Standard Review Plan
or SRP). The largest single contributor to combustible fire loading in
most areas of a nuclear power plant is electrical cable insulation in
open cable trays. This was demonstrated by the cable fire at Brown's
Ferry in 1975. The electrical cable insulation safety hazard in nuclear
power plants should be mitigated by successful completion of a cable
insulation fire propagation test (or the application of a fire
retardant coating or the installation of fixed, automatic fire
suppression, as stated in the rule language). Therefore, the NRC cannot
endorse the italicized exception contained in Section 3.3.5.3 of NFPA
805.
NEI submitted a number of other specific comments, which were
endorsed as a group by the Tennessee Valley Authority (TVA), none of
which resulted in the NRC choosing to make changes to the draft rule
language. These comments regarded: (1) Appropriate radiological limits
for fire suppression activities; (2) licensee freedom to establish
secondary fire protected safe shutdown paths; (3) the standing of
``docketed licensing-basis information'' within Chapter 3 of NFPA 805;
(4) the need for the NFPA 805 Section 3.5.4 seismic/Class 1E emergency
power buses fire pump requirements; (5) the need for seismically
designed fire hose station standpipes in lieu of a plan for manual fire
capabilities following an earthquake (see Section 3.6.4 of the
standard); (6) the degree of flexibility in the deterministic 3-hour
fire area boundary rating requirement of Section 4.2.3.2 of NFPA 805;
(7) the use of recovery actions within the deterministic approach of
the standard.
An industry consultant commented that the NRC should endorse, as
part of the rulemaking, NFPA 805, Appendix B, ``Nuclear Safety
Analysis,'' and its post-fire safe shutdown circuit analysis
methodology for use by licensees in meeting the standard. Appendix B is
now endorsed as discussed in section II below.
Another comment from an industry consultant stated that the rule
should permit licensees to adopt only those NFPA 805 requirements that
relate to post-fire safe shutdown, without meeting NFPA 805
requirements related to combustible/ignition control, and detection and
suppression. This comment did not result in the NRC choosing to make
any changes to the draft rule language.
II. Discussion
Discussion of Proposed Rule
The NRC has conducted a review of the technical requirements
contained in NFPA 805, related to nuclear safety and radiological
release, and has concluded that NFPA 805, taken as a whole, provides an
acceptable alternative for satisfying General Design Criterion 3 (GDC
3) of Appendix A to 10 CFR Part 50. The standard contains a number of
changes to the character of fire protection features when compared to
current fire protection requirements (e.g., no cold shutdown
requirement, no specific requirement for emergency lighting, and no
provision for an alternative shutdown capability). However, the NRC
participated in the development of the standard, and has determined
that NFPA 805, as excepted, when taken as an integrated whole, meets
the underlying intent of the NRC's existing fire protection regulations
and guidance, and achieves defense-in-depth and the goals, performance
objectives, and performance criteria specified in Chapter 1 of the
standard.
To determine that NFPA 805 contains the elements of an acceptable
fire protection program, the NRC uses Regulatory Guide 1.189, ``Fire
Protection for Operating Nuclear Power Plants''. Section C,
``Regulatory Position,'' contains a description of the eight elements
of an acceptable fire
[[Page 66581]]
protection program. The NRC determined that all eight elements are
adequately addressed in NFPA 805:
1. The delineation of organization, staffing, and responsibilities.
Section 3.2.2 of the standard defines the management authorities
and responsibilities and establishes the general policy for the fire
protection program. This section adequately meets the intent of this
element in RG 1.189.
2. A fire hazards analysis sufficient to perform safe shutdown
functions and minimize radioactive material releases in the event of a
fire.
Within the standard, nuclear safety goals and performance criteria
are defined in Chapter 1. Section 2.4.2 defines the methodology for
performing a nuclear safety capability assessment necessary to meet
these goals and criteria. The criteria in the standard is adequate to
meet the intent of this element of RG 1.189.
3. The limitation of damage to structures, systems, and components
important to safety so that the capability to safely shut down the
reactor is ensured.
Within the standard, Chapters 4 & 5 establish the methodologies to
determine the fire protection elements needed to limit fire damage and
protect structures, systems, and components important to safety. The
criteria in the standard is adequate to meet the intent of this element
of RG 1.189.
4. Evaluation of fire test reports and fire data to ensure they are
appropriate and adequate for ensuring compliance with regulatory
requirements.
Section 3.11.2 establishes fire test qualifications for fire
barriers to be in accordance with NFPA 251, Standard Methods for Tests
of Fire Endurance of Building Construction and Materials or E-119,
Standard Test Methods for Fire Tests of Building Construction and
Materials. These standards are adequate and meet the intent of this
element in RG 1.189.
5. Evaluation of compensatory measures for interim use for adequacy
and appropriate length of use.
The standard has an adequate definition of compensatory actions and
requires procedures to be established to accomplish these compensatory
actions and limit the duration, Sections 1.6.8 and 3.2.3(2)
respectfully. The criteria in the standard is adequate to meet the
intent of this element of RG 1.189.
6. Training and qualification of fire protection personnel
appropriate for their level of responsibility.
Section 2.7.3.4 discusses the qualification of personnel who apply
engineering analysis and numerical models. Section 3.4 discusses the
training and qualifications of the fire brigade and those plant
personnel who will respond to a fire. The criteria in the standard is
adequate to meet the intent of this element of RG 1.189.
7. Quality assurance.
Throughout the standard and in particular, Section 2.7, discusses
the requirements for program documentation, configuration control, and
quality. The NRC considers the standard adequate to meet the quality
assurance guidance in RG 1.189.
8. Control of fire protection program changes.
Chapter 2 discusses plant change evaluations and configuration
control of design basis documents. These sections will assist in
maintaining compliance with the fire protection regulatory requirements
and are adequate to meet the change control guidance in RG 1.189.
For these reasons, the NRC believes that NFPA 805 adequately
provides requirements to meet the elements of an acceptable fire
protection program.
Public Health and Safety Considerations: The NRC has determined
that public health and safety and the common defense and security would
continue to be adequately protected under NFPA 805. This determination
is based, in part, on the goals, objectives, and performance criteria
specified in Chapter 1 of NFPA 805. Those goals, objectives, and
performance criteria provide for defense-in-depth to control fires;
prevention of radioactive releases that adversely affect the public;
and control of plant reactivity, inventory, and pressure, as well as
decay heat removal, vital auxiliaries, and process monitoring.
The overall approach of NFPA 805 is consistent with the key
principles for evaluating licensing basis changes, as described in NRC
Regulatory Guide (RG) 1.174. Namely, the proposed change is consistent
with defense-in-depth philosophy, maintains sufficient safety margins,
and when the proposed change results in an increase in core damage
frequency (CDF) or risk, the increase is small and consistent with the
intent of the Commission's Safety Goal Policy Statement. In Section
2.2.9 of the standard, objective criteria for plant change evaluations
are set forth: ``a risk-informed plant change evaluation shall be
performed and the results used * * * to ensure that the public risk
associated with fire-induced nuclear fuel damage accidents is low and
that adequate defense-in-depth and safety margins are maintained.
Therefore, the concepts and processes in NFPA 805 comprise a risk-
informed, integrated, performance-based decision making process for
evaluating plant changes related to fire protection systems and
features. In accordance with 10 CFR 50.59(c)(4), because NFPA 805
contains its own change control process, reactor plant changes
conducted under NFPA 805 therefore will not be subject to the
requirements of 10 CFR 50.59.
As stated in Section 2.4.4 of NFPA 805, the Standard's general
methodology requires that the plant change evaluation process must
consist of an integrated assessment of the acceptability of change in
risk, defense-in-depth, and safety margins. This approach requires
engineering evaluations to assess the adequacy of the fire protection
elements (e.g., combustible and ignition control, fire detection and
suppression, and fire confinement) and the nuclear safety element
(e.g., post-fire safe shutdown capability), to ensure that defense-in-
depth philosophy is maintained.
The NFPA 805 approach also includes requirements, Section 2.4.3,
for the application of acceptable codes and standards to assess the
calculated margin between designed and qualified fire protection
features versus specified nuclear safety and radioactive release
performance criteria, as well as provisions for evaluating acceptable
change in risk in terms of small increases in Core Damage Frequency
(CDF) and Large Early Release Frequency (LERF) based on risk acceptance
guidelines, as presented in NRC Regulatory Guide 1.174.
Chapters 1 and 2 of NFPA 805 specify performance criteria, nuclear
safety objectives, and radioactive release performance criteria;
provide flexibility for the program, processes, and analytical
approach; and ensure that a performance failure will not result in an
immediate safety concern (through application of the fire protection
defense-in-depth philosophy and the assurance of adequate safety
margins). Potential performance failures are assessed in advance to
ensure that the licensee is capable of detecting the performance
failure, and that adequate time is available to take the needed
corrective actions upon detection.
NFPA 805 achieves the risk principles of the Commission's PRA
Policy Statement (60 FR 42622) in the following manner:
PRA Policy Statement 1: The use of PRA technology should be
increased in all regulatory matters to the extent supported by the
state-of-the-art in PRA methods and data and in a manner that
complements the NRC's deterministic approach and supports the
[[Page 66582]]
NRC's traditional defense-in-depth philosophy.
NFPA 805 Appendices B, C, and D providing methodologies for nuclear
safety analysis (which includes post-fire safe shutdown circuit
analysis), fire modeling, and PSA methods respectively, are state-of-
the-art analytical approaches representing a consensus of members of a
diverse national standards committee (the NFPA Technical Committee on
Fire Protection for Nuclear Facilities).
The NFPA 805 deterministic approach (Section 4.2.3) was derived
from existing NRC deterministic requirements.
In Section 4.2.4.1.5 of NFPA 805, the alternative NFPA performance-
based approach includes the requirement that ``the effectiveness of
fire protection systems and features shall demonstrate that the
circuits and components required to achieve the nuclear safety
performance criteria are maintained free of fire damage.'' Combined
with the deterministic requirements of Section 3.3.1.2 (Control of
Combustible Materials) and Section 3.3.1.3 (Control of Ignition
Sources), Sections 3.4 (Industrial Fire Brigade), 3.5 (Water Supply),
3.6 (Standpipe and Hose Stations), 3.7 (Fire Extinguishers), 3.8 (Fire
Alarm and Detection Systems), 3.9 (Automatic and Manual Water-based
Fire Suppression Systems), 3.10 (Gaseous Fire Suppression Systems) and
3.11 (Passive Fire Protection Features), and the Nuclear Safety Goal,
Objective and Performance Criteria of Chapter 1 of NFPA 805, NFPA
strongly supports the NRC's traditional fire protection defense-in-
depth and nuclear safety defense-in-depth philosophies.
PRA Policy Statement 2: PRA and associated analyses (e.g.
sensitivity studies, uncertainty analyses, and importance measures)
should be used in regulatory matters, where practical within the
bounds of the state-of-the-art, to reduce unnecessary conservatism
associated with current regulatory requirements, license
commitments, and staff practices * * *
The performance-based approach of NFPA 805 (Section 4.2.4) would
utilize the concepts of: Damage threshold; minimum damage threshold;
fire scenario for the fire area under consideration; and sufficient
margin between the maximum expected fire scenario and the limiting fire
scenario in the context of protection of required nuclear safety
success paths. These performance-based approach concepts reduce the
conservatisms associated with the current largely deterministic reactor
plant fire protection requirements, license commitments and NRC staff
practices.
PRA Policy Statement 3: PRA evaluations in support of regulatory
decisions should be as realistic as practicable and appropriate
supporting data should be publicly available for review.
Section 2.7.1.1 of NFPA 805 says: ``The analyses performed to
demonstrate compliance with this standard shall be documented for each
nuclear power plant (NPP). The intent of the documentation is that the
assumptions be clearly defined and that the results be easily
understood, that results be clearly and consistently described, and
that sufficient detail be provided to allow future review of the entire
analyses. Documentation shall be maintained for the life of the plant
and be organized carefully so that it can be checked for adequacy or
accuracy either by an independent reviewer or by the AHJ [authority
having jurisdiction].''
Section 2.7.2 of NFPA 805 addresses configuration control, and
Section 2.7.3 addresses the quality of the calculational or numerical
models, the appropriateness of their application, and the
qualifications of the personnel who apply them.
Therefore, there would be a well-founded expectation that licensee
NFPA 805 analyses would be readily available for review by the NRC or
independent reviewers supporting licensee quality assurance activities.
PRA Policy Statement 4: The Commission's safety goals for
nuclear power plants and subsidiary numerical objectives are to be
used with appropriate consideration of uncertainties in making
regulatory judgements on the need for proposing and backfitting new
generic requirements on nuclear power plant licensees.
As a voluntary regulation, the proposed rule does not represent a
new generic requirement on nuclear power plant licensees, and could be
considered to not be bound by PRA Policy Statement 4. However, the
following two qualitative safety goals and two supporting quantitative
objectives would be met by licensees meeting Section 1.3.1 of NFPA 805
(Nuclear Safety Goal) and Section 1.3.2 of NFPA 805 (Radioactive
Release Goal), and their supporting NFPA 805 nuclear and radioactive
release objectives and performance criteria.
The NRC's two qualitative safety goals are: (1) Individual members
of the public should be provided a level of protection from the
consequences of nuclear power plant operation such that individuals
bear no significant additional risk to life and health, and (2)
Societal risks to life and health from nuclear power plant operation
should be comparable to or less than the risks of generating
electricity by viable competing technologies and should not be a
significant addition to other societal risks.
Two quantitative objectives are used in determining achievement of
the above safety goals: (1) The risk to an average individual in the
vicinity of a nuclear power plant of prompt facilities that might
result from reactor accidents should not exceed one-tenth of one
percent (0.1 percent) of the sum of prompt fatality risks resulting
from other accidents to which members of the U.S. population are
generally exposed, and (2) The risk to the population in the area near
a nuclear power plant of cancer fatalities that might result from
nuclear power plant operation should not exceed one-tenth of one
percent (0.1 percent) of the sum of cancer fatality risks resulting
from all other causes.
As an outgrowth of the Commission's PRA Policy Statement, the NRC
has embarked upon an effort to risk-inform 10 CFR Part 50. In SECY-99-
264 (later endorsed in a Staff Requirements Memorandum (SRM) dated
February 3, 2000) the NRC staff informed the Commission that it would
conduct its work applying the set of safety principles established in
Regulatory Guide (RG) 1.174. The NRC staff stated that it expects that
changes to requirements would be consistent with the defense-in-depth
philosophy, would maintain sufficient safety margins, would be
performance-based to the extent possible, and would result in safety
improvements or only small increases in risk, and would reduce any
unnecessary burden. The NRC staff also stated that their approach would
also ensure that adequate protection continues to be maintained. These
considerations are addressed individually below:
Defense-in-Depth: This topic is fully discussed in connection with
PRA Policy Statement 1 above.
Sufficient Safety Margins: Plant change evaluations are required by
Section 2.4.4 of the standard. Section 2.4.4.3 of the standard states
that plant change evaluations shall ensure that sufficient safety
margins are met. Section A.2.4.4.3 of the standard explains safety
margins in theory and in the contexts of fire modeling and fire PSA.
Section 4.2.4.1.4 of the standard requires sufficient safety margin
between the maximum expected fire scenarios and the limiting fire
scenarios for required equipment and cables.
Performance-Based: NFPA 805 is inherently performance-based in that
it requires the achievement of performance criteria.
Safety Improvements or Small Increases in Risk: NFPA has provisions
[[Page 66583]]
for evaluating acceptable change in risk in terms of CDF (core damage
frequency) and LERF (large early release frequency). NFPA 805 Section
2.4.4.1 of the standard provides that ``The change in public health
risk from any plant change shall be acceptable to the AHJ (NRC). CDF
and LERF shall be used to determine the acceptability of the change.''
The NRC bases its risk acceptance guidelines on the information
provided in NRC Regulatory Guide 1.174, An Approach for Using
Probabilistic Risk Assessment in Risk-Informed Decisions on Plant
Specific Changes to the Licensing Basis. In RG 1.174, ``small'' is
defined in relation to total CDF (e.g., when the calculated increase in
risk is calculated to be in the range of 10E-6 per reactor year to 10E-
5 per reactor year, the risk increase is acceptable if it can be
reasonably shown that the total CDF is less than 10E-4 per reactor
year).
Unnecessary Burden: The proposed rule is expected to reduce the
need for licensee developed exemption requests targeted at relief from
the existing deterministic, prescriptive fire protection requirements.
Additionally, the proposed rule is expected to result in net reduced
operating, training, and maintenance costs (through the elimination of
conservatively required deterministic barriers and fire protection
features) over the remaining life of the reactor plants and during
their decommissioning.
Adequate Protection: Licensees which adopt NFPA 805 will be
required by Section 2.4.4.1 of the standard to monitor the cumulative
risk changes. Therefore, a series of small increases in public health
risk (see ``Safety Improvements or Small Increases in Risk'' above)
will not be allowed to accumulate into a significant total increase in
fire risk. Therefore, adequate protection of the public from the
effects of nuclear power plant fires will be maintained.
The NRC has considered the regulatory practicality of the proposed
rule. The areas considered are as follows:
Change Control Processes: NFPA 805 Sections 2.2(h), 2.2(i), 2.2(j),
2.2.9, 2.2.10, 2.4.4, 2.6, and 2.7 contain direction relating to change
control processes. The major change control process features addressed
in these sections are plant change evaluations (assessment of changes
in public health risk against risk acceptance criteria, defense-in-
depth and safety margins), a plant fire risk performance monitoring
program (addressing availability, reliability and performance and
including corrective action), and fire protection program documentation
adequacy, analysis quality, and configuration control. Under 10 CFR
50.59(c)(4), the existence of these change control process features
would therefore mean that the provisions of 10 CFR 50.59 would not
apply to licensees which have adopted NFPA 805. Therefore, the NRC
expects no difficulties in licensee efforts to control and document
plant changes under this rule.
Licensee Implementation: Sufficient methodologies are provided in
NFPA 805 and adequate risk, fire and nuclear safety data are available
to implement them. In Section III of this Federal Register notice
(FRN), NFPA 805 analytical processes for plant-wide reviews are
summarized. Therefore, the NRC expects no difficulties in licensee's
efforts to implement this rule.
Inspectability: NFPA 805 Section 2.7.1.1 states: ``The analyses
performed to demonstrate compliance with this standard shall be
documented for each nuclear power plant (NPP). The intent of the
documentation is that the assumptions be clearly defined and that the
results be easily understood, that results be clearly and consistently
described, and that sufficient detail be provided to allow future
review of the entire analyses. Documentation shall be maintained for
the life of the plant and be organized carefully so that it can be
checked for adequacy and accuracy either by an independent reviewer or
by the AHJ.'' Therefore, the NRC expects no difficulties in inspector
efforts to review licensee implementation of this rule.
Enforcability: The proposed rule does not affect the existing
requirements of 10 CFR 50.48(a), which include fire protection plan
compliance with General Design Criterion (GDC) 3--``Fire Protection,''
seven specific fire protection plan requirements and features, the
requirement to retain fire protection plan changes ``until the
Commission terminates the reactor license'' and fire protection
procedures for three years after they are superceded. Section (c)(3) of
the proposed rule requires adopting licensees to maintain a fire
protection program which complies with NFPA 805. Therefore, all
requirements of that standard would be subject to enforcement,
including the nuclear and radiological goals, performance objectives
and performance criteria of Chapter 1 of NFPA 805. Therefore, the NRC
expects no difficulties in enforcing against licensee failures to
comply with 10 CFR 50.48(a), (f) or the main body of NFPA 805.
Quality Assurance: Section 2.7.3 of NFPA 805 requires that each
analysis, calculation or evaluation performed shall be independently
verified, calculational models and numerical methods shall be verified
and validated, engineering methods and numerical models shall be used
only within the scope, limitations and assumptions prescribed for them,
personnel applying engineering analyses and numerical models shall be
competent in their field and experienced in the application of these
methods as they relate to nuclear power plants, nuclear power plant
fire protection, and power plant operations. Therefore, the NRC expects
no difficulties in licensee efforts to maintain the quality of their
application of NFPA 805 requirements.
Section-by-Section Analysis
Section 50.48(c) National Fire Protection Standard NFPA 805
The proposed rule would add a new Paragraph (c) to 10 CFR 50.48.
Paragraph (c) would permit reactor licensees to voluntarily adopt NFPA
805, with certain exceptions stated in the rule language, as an
alternative set of fire protection requirements for the operation and/
or decommissioning of light-water reactors. NFPA 805, when and if
adopted by licensees, would constitute an acceptable means for
operating reactors to comply with 10 CFR 50.48(a), and would be an
alternative to meeting their existing fire protection requirements, and
for decommissioning reactors would be an acceptable method for meeting
10 CFR 50.48(f).
Section 50.48(c)(1) Approval of Incorporation by Reference; 50.48(c)(2)
Exceptions, Modifications and Supplementation of NFPA 805
Appendices B, C, and D of NFPA 805 constitute methodologies for
conducting nuclear safety circuit analyses, nuclear power plant fire
hazard modeling, and fire probabilistic safety assessments,
respectively. At a number of locations within the standard appendices
are referred to as ``acceptable methods,'' and at other locations
within the standard the reader is directed to them for ``considerations
when performing analyses.'' Although each of the three appendices
begins with a disclaimer in the form ``Appendix (letter B, C or D) is
not a part of the requirements of this NFPA document but is included
for informational purposes only,'' the methodologies contained therein
are nevertheless considered by the NRC to be ``specified in NFPA 805''
within the meaning of section (c)(4) of the proposed rule language, and
therefore their use by licensees need not be
[[Page 66584]]
preceded by NRC approval of a license amendment request.
Section 50.48(c)(2)(i) Life Safety Goal; 50.48(c)(2)(ii) Plant Damage/
Business Interruption Objectives
The Life Safety Goal and Plant Damage/Business Interruption
Objectives of NFPA 805 are not within the regulatory charter of the NRC
(see the Energy Reorganization Act of 1974) and, therefore, the NRC
does not endorse them.
Section 50.48(c)(2)(iii) Use of Feed-and-Bleed
This paragraph does not accept the use of a high-pressure charging/
injection pump coupled with the pressurizer PORVs as the sole fire
protected shutdown path for maintaining reactor coolant inventory,
pressure control, and decay heat removal capability (i.e., feed-and-
bleed) for PWRs.
Section 50.48(c)(2)(iv) Uncertainty Analysis
This paragraph makes clear that licensees need not prepare
uncertainty analyses when conducting deterministic analyses under
Section 2.2.6 and Chapter 4 of NFPA 805.
Section 50.48(c)(2)(v) Existing Cables
In lieu of installing cables meeting flame propagation tests as
required by Section 3.3.5.3 of the standard, a flame retardant coating
may be applied to the electric cables, or alternatively an automatic
fixed fire suppression system may be installed. Either alternative
would establish an equivalent level of fire protection to that provided
by the presence of flame propagation test compliant cables. The
italicized exception to Section 3.3.5.3 is not endorsed.
Electrical flame propagation test compliance has been in NRC
guidance since 1981 (NUREG 0800, the NRC's Standard Review Plan or
SRP). The NRC is unaware of any licensees which are using electrical
cable which does not comply with flame propagation tests where an
alternate means of protection (e.g., fire retardant coating or
automatic fixed suppression) has not been provided. Accordingly, the
NRC does not expect any licensee to be adversely affected by this
proposed exception.
Section 50.48(c)(2)(vi) Water Supply and Distribution
The italicized exception to Section 3.6.4 is not endorsed.
This paragraph would not allow a standpipe/hose station system in
place of seismically qualified standpipes and hose stations unless
previously approved in the licensing basis. Seismically qualified
standpipes and hose stations have been in NRC guidance since 1976
(Appendix A to Branch Technical Position (BTP) APCSB 9.5-1. The NRC is
unaware of any licensees using a non-seismically qualified standpipe/
hose station system in place of a seismically qualified standpipe/hose
station system. Accordingly, the NRC does not expect any licensee to be
adversely affected by this proposed exception.
Section 50.48(c)(3) Compliance With NFPA 805
The use of the term ``Authority Having Jurisdiction'' (AHJ) within
the standard, for the purposes of this rulemaking, means the U.S.
Nuclear Regulatory Commission.
For purposes of transitioning to NFPA 805, the NRC expects that
licensees will be able to treat existing reactor plant fire protection
elements as ``previously approved'' for the purposes of the Chapter 3
delineation of fundamental program elements. This approach would
normally be acceptable because licensees should either be in compliance
with regulatory requirements or should have obtained approval from the
NRC for exemptions or deviations from those requirements. Fire
protection elements that have not been previously reviewed and approved
would continue to be subject to normal NRC inspection and enforcement.
Section 50.48(c)(3)(i). A licensee may maintain a fire protection
program that complies with NFPA 805 as an alternative to complying with
paragraph (b) of this section for plants licensed to operate before
January 1, 1979; or the fire protection license conditions for plants
licensed to operate after January 1, 1979. The licensee shall submit a
request to comply with NFPA 805 in the form of an application for
license amendment under Sec. 50.90. The application must identify any
orders and license conditions that must be revised or superseded, and
contain any necessary revisions to the plant's technical specifications
and the bases thereof. The Director of the Office of Nuclear Reactor
Regulation, or a designee of the Director, may approve the application
if the Director or designee determines that the licensee has identified
orders, license conditions, and the technical specifications that must
be revised or superseded, and that any necessary revisions are
adequate. Any approval by the Director or the designee of the Director
shall be in the form of a license amendment approving the use of NFPA
805 together with any necessary revisions to the technical
specifications.
This paragraph of the proposed rule language would allow licensees
to adopt NFPA 805 as an acceptable means of meeting the fire protection
program and GDC 3 requirements of 10 CFR 50.48(a). This section also
describes the methods by which the licensees will submit their requests
to adopt NFPA 805. If the NRC approves a licensee's request to use NFPA
805, the Director of NRR (or a designee of the Director) will issue a
license amendment that: (1) removes superseded license conditions, and
(2) includes a license condition imposing the use of NFPA 805. In
addition, the NRC will issue an order revoking unnecessary and
superseded exemptions and orders.
Licensees who are approved under paragraph (c)(3)(i) to use NFPA
805 are permitted to later return to compliance with paragraph (b) and
their previous licensing basis. However, each licensee must comply with
all applicable requirements, including submitting an application for a
license amendment, and, as applicable, a request for exemption if the
licensee wishes to reinstate a revoked exemption.
Section 50.48(c)(3)(ii). The licensee shall complete its
implementation of the methodology in Chapter 2 of NFPA 805 (including
all required evaluations and analyses) and, upon completion, modify the
fire protection plan required by paragraph (a) of this section to
reflect the licensee's decision to comply with NFPA 805, before
changing its fire protection program or nuclear power plant as
permitted by NFPA 805.
This section of the proposed rule language requires licensees to
complete all of the NFPA 805 evaluations and analyses, and also modify
their fire protection plan to indicate that they are adopting NFPA 805
as an alternative set of fire protection requirements. This is to
ensure that the changeover to an NFPA 805 configuration is conducted in
a complete, controlled, integrated, and organized manner. This also
ensures that the NRC reactor oversight (inspection) process can
effectively identify and monitor the changeover. This requirement of
the proposed rule has the effect of precluding licensees from
implementing NFPA 805 on a partial or selective basis (e.g., in some
fire areas and not others, or truncating the methodology within a given
fire area).
50.48(c)(4) Alternative Methods and Analytical Approaches. A
licensee may submit a request to use alternative methods and analytical
approaches, including alternatives to the fundamental fire protection
program
[[Page 66585]]
and minimum design requirements identified in Chapter 3 of NFPA 805, in
lieu of those methods and approaches specified in NFPA 805. The request
must be in the form of an application for license amendment under Sec.
50.90. The Director of the Office of Nuclear Reactor Regulation, or a
designee of the Director, may approve the application if the Director
or designee determines that the alternative methods and analytical
approaches:
This section of the proposed rule language provides licensees with
a mechanism to gain plant-specific NRC approval of alternative methods
and analytical approaches to those specified in NFPA 805. It allows
licensees maximum flexibility to identify and apply new methods of
analysis that may be appropriately used within NFPA 805. This approval
mechanism is broad enough to allow licensees to apply risk-informed,
performance-based methods to establish the (deterministic) fundamental
elements of a fire protection program and the minimum design
requirements for fire protection systems and features.
Section 50.48(c)(4)(i). Satisfy the goals, performance objectives,
and performance criteria specified in NFPA 805 related to nuclear
safety and radiological release.
Section 50.48(c)(4)(ii). Maintain safety margins.
Section 50.48(c)(4)(iii). Maintain fire protection defense-in-depth
(fire prevention, fire suppression, and post-fire safe shutdown
capability).
50.48(f) Licensees that have submitted the certifications required
under Section 50.82(a)(1) shall maintain a fire protection program to
address the potential for fires that could cause the release or spread
of radioactive materials (i.e., that could result in a radiological
hazard). A fire protection program that complies with NFPA 805 shall be
deemed to comply with the requirements of this paragraph.
III. Analytical Processes for Plant-Wide Reviews
This section describes how a licensee choosing to comply with NFPA
805 would conduct a plant-wide review in accordance with the NFPA 805
analytical process (under paragraphs (c)(3)(ii) of the proposed rule).
The discussion first addresses the actions of licensees for operating
light water reactors, and then addresses the actions of licensees for
light water reactors that are undergoing decommissioning.
A. Operating Reactors
Section 2.2.1: Licensee establishes fundamental fire protection
elements in accordance with Chapter 3 of NFPA 805 on a plant-wide
basis, taking credit for alternatives that have been ``previously
approved'' by the authority having jurisdiction (AHJ) (NRC).
Section 2.2.2: Licensee identifies fire area boundaries and fire
hazards (possibly unchanged from the previous fire protection licensing
basis).
Sections 2.2.3, 2.2.4, and 2.2.5: Licensee evaluates plant design
on a fire area basis against the nuclear safety and radiation release
performance criteria of Chapter 1, using either a deterministic or
performance-based approach. A result of this analysis is the
identification of the structures, systems, and components that are
necessary to meet the two criteria (analogous to the ``protected
systems'' identification process of Appendix R analyses).
Sections 2.2.6, 2.2.7, and 2.2.8: For a deterministic nuclear
safety analysis, the licensee compares the existing fire protection
licensing basis (e.g., exemptions granted under Appendix R to 10 CFR
part 50, SERs, approved deviations, and licensee-developed generic
letter (GL) 86-10 engineering evaluations [see GL 86-10 Paragraph C:
``Documentation Required to Demonstrate Compliance'']) against the
deterministic approach criteria of Section 4.2.3 of NFPA 805. A
licensee may demonstrate compliance with Section 4.2.3 using existing
engineering equivalency evaluations (e.g., licensee-developed GL 86-10
engineering evaluations, or NRC approved exemption requests) if the
licensee ensures that the reactor plant meets the threshold of Section
2.2.7 (that ``these existing engineering evaluations shall clearly
demonstrate an equivalent level of fire protection compared to the
deterministic requirements'').
For a performance-based nuclear safety analysis, the licensee will
perform the engineering analyses (e.g., using fire modeling or
probabilistic safety analysis (PSA) methods) under either Section
4.2.4.1 or 4.2.4.2 of NFPA 805. For a deterministic or performance-
based radiation release analysis, the licensee performs the analytical
method in Section 4.3 to assess the fulfillment of Chapter 1 criteria.
Section 2.2.9: In the event of a change to a fire protection
program element during the above analytical steps, the licensee will
evaluate the risk impact to ensure that the public risk associated with
fire-induced nuclear fuel damage accidents is low, and that adequate
defense-in-depth and safety margins are maintained.
Section 2.2.10: The licensee shall establish a monitoring program
to assess the performance of the fire protection program in meeting
NFPA performance criteria.
Section 2.2.11: The fire protection program documentation must be
developed and maintained in such a manner that facility design and
procedural changes that could affect the fire protection engineering
analysis assumptions can be identified and analyzed (see Section 2.3).
Section 2.7 of the standard has adequate requirements for the
retention of licensee NFPA 805 analyses and evaluations so that NRC
inspectors may effectively monitor the conduct and effect of licensee
fire protection program changes.
B. Decommissioning Reactors: A licensee of a light water reactor
that is being decommissioned or has permanently ceased operations would
comply with the requirements of Chapter 5 of NFPA 805.
IV. Licensee Impact
Licensees may voluntarily adopt the NFPA 805 standard, and any
additional burden associated with adopting the standard will be at
their discretion. The NRC anticipates that significant additional
analysis, beyond that currently documented by licensees, may be elected
by licensees that choose to adopt NFPA 805. The level of effort
required for each plant will depend upon the degree to which risk-
informed and performance-based approaches have already been adopted for
the subject reactor plant (e.g., within the exemption or deviation
processes for 10 CFR 50.48 and Appendix R to 10 CFR part 50), and the
degree to which the licensee initiates changes to the reactor plant.
V. Benefits
The current fire protection requirements (10 CFR 50.48) were
developed before the NRC or industry had the benefit of probabilistic
risk assessments (PRAs) for fires, and before there was a significant
body of operating experience. A revised fire protection rule could
provide flexibility in achieving adequate fire protection. In addition,
as discussed in SECY 96-134, ``Options for Pursuing Regulatory
Improvement in Fire Protection Regulations for Nuclear Power Plants,''
dated June 21, 1996, a revised fire protection rule that would
facilitate the use of alternative approaches may reduce the need for
exemptions.
VI. Additional Issue for Public Comment
As well as seeking public comment on the proposed rule itself, the
NRC is also seeking public comment regarding any other alternative
consensus standards
[[Page 66586]]
that the agency should consider as voluntary alternatives to the
current fire protection regulations. The NRC expects that once adopting
the new licensing basis that provides additional flexibility above that
provided by Appendix R, licensees will not return to an Appendix R
licensing basis. Nevertheless, the NRC requests a response to the
following specific questions: (1) Is there any likelihood that
licensees who are approved to use NFPA 805 would later decide that they
would like to comply with paragraph (b) and the licensing basis that
existed immediately prior to approval of NFPA 805? and (2) Do you agree
that a license amendment would be required to revert to compliance with
Section 50.48(b), and if not, why not?
VII. Availability of Documents
The NRC is making the documents identified below available to
interested persons through one or more of the following methods, as
indicated.
Public Document Room (PDR). The NRC's Public Document Room is
located at One White Flint North, 11555 Rockville Pike, Rockville,
Maryland.
Rulemaking Forum Web Site. The NRC's interactive Rulemaking Forum
Web site is located at http://ruleforum.llnl.gov. These documents may
be viewed and downloaded electronically via this Web site.
NRC's Public Electronic Reading Room (PERR). The NRC's Public
Electronic Reading room is located at http://www.nrc.gov/reading-rm.html. The subject document may be accessed using the ADAMS accession
number (e.g.,
``ML
'') provided below.
The NRC staff contact. The NRC's task manager for this rulemaking
in the Office of Nuclear Reactor Regulation (NRR) is Leon Whitney. Mr.
Whitney can be reached by telephone at 301-415-3081, or via email to
[email protected].
----------------------------------------------------------------------------------------------------------------
Document PDR Web PERR NRC staff
----------------------------------------------------------------------------------------------------------------
Regulatory Analysis................ X X ML021300034 X
Environmental Assessment........... X X ML021300039 X
NFPA 805 Rule Language............. X X ML021300030 X
Comments Received.................. X X ML020360038
Comments Received.................. X X ML020360039
Comments Received.................. X X ML020360043
Comments Received.................. X X ML020390248
Comments Received.................. X X ML020630629
----------------------------------------------------------------------------------------------------------------
VIII. Electronic Access for Comment Submission
In addition to the addresses previously provided (see ADDRESSES
section above) for submitting written comments, interested parties may
submit comments via the NRC's interactive Rulemaking Forum Web site
(http://ruleforum.llnl.gov). The Rulemaking Forum enables the industry
and public to transmit comments as files (in any format), provided that
your web browser supports that function. Information on the use of the
Rulemaking Forum is available on the site. For additional assistance on
the use of the interactive Rulemaking Forum Web site, contact Ms. Carol
A. Gallagher by telephone at (301) 415-5905 or via email to
[email protected].
IX. Plain Language
The Presidential memorandum entitled, ``Plain Language in
Government Writing,'' dated June 1, 1998, directed that the Government
must write in plain language. This memorandum was published in the
Federal Register on June 10, 1998 (63 FR 31883). In complying with this
directive, the NRC has made editorial changes to improve the
readability of the proposed rule language. The NRC requests comment on
the proposed rule specifically with respect to the clarity and
effectiveness of the language used. Comments should be sent to the
addresses listed under either the ADDRESSES or ``Electronic Access for
Comment Submission'' sections above.
X. Voluntary Consensus Standards
The National Technology Advancement and Transfer Act of 1995,
Public Law 104-113, requires that Federal agencies use technical
standards that are developed or adopted by voluntary consensus
standards bodies, unless the use of such standards is inconsistent with
applicable law or otherwise impractical. Under this proposed rule, the
NRC would provide holders of operating licenses for nuclear power
plants with the option to voluntarily adopt NFPA 805, as excepted, as
an alternative set of fire protection requirements. The NRC is not
aware of any consensus standard that could be adopted instead of NFPA
805, but will consider using an alternative standard if identified. If
an alternative consensus standard is identified, the notifying
submittal from the member of the public or industry should explain how
it is comparable to, and how it could be used in addition to or instead
of, NFPA 805 in the proposed rule.
XI. Environmental Assessment and Finding of No Significant
Environmental Impact
The Commission has determined under the National Environmental
Policy Act of 1969, as amended, and the Commission's regulations in
Subpart A of 10 CFR part 51, that this proposed rule, if adopted, would
not be a major Federal action significantly affecting the quality of
the human environment and, therefore, an environmental impact statement
is not required. The NRC determined that there would not be significant
radiological or non-radiological impacts. Under NFPA 805, the
environment would continue to be adequately protected because the
methods used for fire detection, suppression, and mitigation are the
same as those used under the existing fire protection requirements.
Further there will be no change in the release of radiological or
nonradiological effluents to the environment.
This determination is based on an evaluation of the goals,
objectives and performance criteria in NFPA 805. These provide for
defense-in-depth to control fires; control of plant reactivity, coolant
inventory, and pressure; decay heat removal; vital auxiliaries; and
process monitoring to minimize radioactive releases. The NRC has
determined that the environmental impacts of the proposed action, the
no-action alternative, and an alternative in which the NRC would
develop its own risk-informed standard, were similar. Further, the NRC
determined that the proposed action does not involve the use of any
different resources than those considered in the current rule.
The general public should note that the NRC is seeking public
participation. Comments on any aspect of the environmental assessment
may be submitted to the NRC as indicated under either the ADDRESSES or
``Electronic Access for Comment Submission'' sections above.
The NRC has sent a copy of the draft environmental assessment and
this
[[Page 66587]]
proposed rule to every State Liaison Officer and requested their
comments on the environmental assessment.
XII. Paperwork Reduction Act Statement
This proposed rule contains information collection requirements
that are subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq). This rule has been submitted to the Office of Management and
Budget for review and approval of the information collection
requirements.
The burden to the public for these information collections is
estimated to average four hours per response, including the time for
reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
information collection. In addition, there is a one-time estimated
burden of 20,000 to 65,000 hours for each licensee, who chooses to use
NFPA 805, to complete the required one-time plant-wide re-analysis of
the reactor's fire protection systems, equipment, features, and
procedures. The U.S. Nuclear Regulatory Commission is seeking public
comment on the potential impact of the information collections
contained in the proposed rule and on the following issues:
1. Is the proposed information collection necessary for the proper
performance of the functions of the NRC, including whether the
information will have practical utility?
2. Is the estimate of burden accurate?
3. Is there a way to enhance the quality, utility, and clarity of
the information to be collected?
4. How can the burden of the information collection be minimized,
including the use of automated collection techniques?
Send comments on any aspect of these proposed information
collections, including suggestions for reducing the burden, to the
Records Management Branch (T-6 E6), U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, or by Internet electronic mail at
[email protected]; and to the Desk Officer, Office of Information
and Regulatory Affairs, NEOB-10202, (3150-0011), Office of Management
and Budget, Washington, DC 20503.
Comments to OMB on the information collections or on the above
issues should be submitted by December 2, 2002. Comments received after
this date will be considered if it is practical to do so, but assurance
of consideration cannot be given to comments received after this date.
Public Protection Notification
The NRC may not conduct or sponsor, and a person is not required to
respond to, a request for information or an information collection
requirement unless the requesting document displays a currently valid
OMB control number.
XIII. Regulatory Analysis
The Commission has prepared a draft regulatory analysis of this
proposed regulation. The analysis examines the costs and benefits of
the alternatives considered by the Commission. The draft regulatory
analysis may be examined and/or copied for a fee at the NRC's Public
Document Room, located at One White Flint North, Room 01-F15, 11555
Rockville Pike, Rockville, Maryland.
The Commission requests public comment on the draft regulatory
analysis. Comments on the draft analysis may be submitted to the NRC as
indicated in either the ADDRESSES or ``Electronic Access for Comment
Submission'' sections above.
XIV. Regulatory Flexibility Act Certification
As required by the Regulatory Flexibility Act of 1980, 5 U.S.C.
605(b), the Commission certifies that this proposed rule, if adopted,
would not have a significant economic impact on a substantial number of
small entities. This proposed rule would affect only the licensing and
operation of nuclear power plants. The companies that own these plants
do not fall within the definition of ``small entities'' found in the
Regulatory Flexibility Act or within the size standards established by
the NRC in 10 CFR 2.810.
XV. Backfit Analysis
The NRC has determined that a backfit analysis is not required for
this proposed rule, because the rule does not involve any provisions
that would impose backfits as defined in 10 CFR 50.109(a)(1). The
proposed rule will establish voluntary alternative fire protection
requirements for licensees with construction permits prior to January
1, 1979 (all existing LWR reactor plants). Licensees may adopt NFPA 805
as an alternative set of fire protection requirements by submitting a
license amendment. However, current licensees may continue to comply
with existing requirements. Any additional burden incurred by adopting
NFPA 805 would be at the licensee's discretion. The proposed rule does
not impose any new requirements, and therefore, does not constitute a
backfit as defined in 10 CFR 50.109(a)(1).
List of Subjects in 10 CFR Part 50
Antitrust, Classified information, Criminal penalties, Fire
protection, Intergovernmental relations, Nuclear power plants and
reactors, Radiation protection, Reactor siting criteria, and Reporting
and recordkeeping requirements.
For the reasons given in the preamble and under the authority of
the Atomic Energy Act of 1954, as amended, the Energy Reorganization
Act of 1974, as amended, and 5 U.S.C. 553, the NRC is proposing to
adopt the following amendments to 10 CFR Part 50:
PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION
FACILITIES
1. The authority citation for Part 50 continues to read as follows:
Authority: Secs. 102, 103, 104, 105, 161, 182, 183, 186, 189, 68
Stat. 936, 938, 948, 953, 954, 955, 956, as amended, sec. 234, 83
Stat. 444, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2201, 2232,
2233, 2239, 2282); secs. 201, as amended, 202, 206, 88 Stat. 1242,
as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).
Section 50.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat.
2951, as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123 (42
U.S.C. 5851). Section 50.10 also issued under secs. 101, 185, 68
Stat. 936, 955, as amended (42 U.S.C. 2131, 2235); sec. 102, Pub. L.
91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.13, 50.54(dd),
and 50.103 also issued under sec. 108, 68 Stat. 939, as amended (42
U.S.C. 2138). Sections 50.23, 50.35, 50.55, and 50.56 also issued
under sec. 185, 68 Stat. 955 (42 U.S.C. 2235). Sections 50.33a,
50.55a and Appendix Q also issued under sec. 102, Pub. L. 91-190, 83
Stat. 853 (42 U.S.C. 4332). Sections 50.34 and 50.54 also issued
under Pub. L. 97-415, 96 Stat. 2073 (42 U.S.C. 2239). Section 50.78
also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). Sections
50.80-50.81 also issued under sec. 184, 68 Stat. 954, as amended (42
U.S.C. 2234). Appendix F also issued under sec. 187, 68 Stat. 955
(42 U.S.C. 2237).
2. In Sec. 50.48, paragraph (c) is added and paragraph (f) is
revised to read as follows:
Sec. 50.48. Fire protection.
* * * * *
(c) National Fire Protection Standard NFPA 805--(1) Approval of
incorporation by reference. National Fire Protection Association (NFPA)
Standard 805, ``Performance-Based for Fire Protection for Light Water
Reactor Electric Generating Plants, 2001 Edition'' (NFPA 805), which is
referenced in this section, was approved for incorporation by reference
by the Director of the Federal Register. A notice of any changes made
to the material incorporated by reference will
[[Page 66588]]
be published in the Federal Register. Copies of NFPA 805 may be
purchased from the NFPA Customer Service Department, 1 Batterymarch
Park, P.O. Box 9101, Quincy, MA 02269-9101 and in PDF format through
the NFPA Online Catalog (www.nfpa.org) or by calling 1-800-344-3555 or
617-770-3000. Copies are also available for inspection at the NRC
Library, Two White Flint North, 11545 Rockville Pike, Rockville,
Maryland 20852-2738, and at the NRC Public Document Room, Building One
White Flint North, Room O1-F15, 11555 Rockville Pike, Rockville,
Maryland 20852-2738. Copies are also available at the Office of the
Federal Register, 800 N. Capitol Street, Suite 700, Washington, DC.
(2) Exceptions, modifications, and supplementation of NFPA 805. As
used in this section, references to NFPA 805 are to the 2001 Edition,
with the following exceptions, modifications, and supplementations:
(i) Life Safety Goal. The Life Safety Goal of Section 1.3.3 is not
endorsed.
(ii) Plant Damage/Business Interruption Objectives. The Plant
Damage/Business Interruption Objectives of Section 1.3.4 of NFPA 805
are not endorsed.
(iii) Use of feed-and-bleed. In demonstrating compliance with the
performance criteria of Sections 1.5.1(b) and (c) of NFPA 805, a high
pressure charging/injection pump coupled with the pressurizer power-
operated relief valves (PORVs) as the sole fire-protected safe shutdown
path for maintaining reactor coolant inventory, pressure control, and
decay heat removal capability (i.e., feed-and-bleed) for pressurized-
water reactors (PWRs) is not permitted.
(iv) Uncertainty analysis. An uncertainty analysis performed in
accordance with Section 2.7.3.5 is not required to support
deterministic approach calculations.
(v) Existing cables. In lieu of installing cables meeting flame
propagation tests as required by Section 3.3.5.3 of the standard, a
flame retardant coating may be applied to the electric cables, or an
automatic fixed fire suppression system may be installed to provide an
equivalent level of protection. In addition, the italicized exception
to Section 3.3.5.3 is not endorsed.
(vi) Water supply and distribution. The italicized exception to
Section 3.6.4 is not endorsed.
(3) Compliance with NFPA 805. (i) A licensee may maintain a fire
protection program that complies with NFPA 805 as an alternative to
complying with paragraph (b) of this section for plants licensed to
operate before January 1, 1979; or the fire protection license
conditions for plants licensed to operate after January 1, 1979. The
licensee shall submit a request to comply with NFPA 805 in the form of
an application for license amendment under Sec. 50.90. The application
must identify any orders and license conditions that must be revised or
superseded, and contain any necessary revisions to the plant's
technical specifications and the bases thereof. The Director of the
Office of Nuclear Reactor Regulation, or a designee of the Director,
may approve the application if the Director or designee determines that
the licensee has identified orders, license conditions, and the
technical specifications that must be revised or superseded, and that
any necessary revisions are adequate. Any approval by the Director or
the designee of the Director shall be in the form of a license
amendment approving the use of NFPA 805 together with any necessary
revisions to the technical specifications.
(ii) The licensee shall complete its implementation of the
methodology in Chapter 2 of NFPA 805 (including all required
evaluations and analyses) and, upon completion, modify the fire
protection plan required by paragraph (a) of this section to reflect
the licensee's decision to comply with NFPA 805, before changing its
fire protection program or nuclear power plant as permitted by NFPA
805.
(4) Alternative methods and analytical approaches. A licensee may
submit a request to use alternative methods and analytical approaches,
including fundamental fire protection program and minimum design
requirements identified in Chapter 3 of NFPA 805, in lieu of those
methods and approaches specified in NFPA 805. The request must be in
the form of an application for license amendment under Sec. 50.90. The
Director of the Office of Nuclear Reactor Regulation, or designee of
the Director, may approve the application if the Director or designee
determines that the alternative methods and analytical approaches:
(i) Satisfy the goals, performance objectives, and performance
criteria specified in NFPA 805 related to nuclear safety and
radiological release.
(ii) Maintain safety margins.
(iii) Maintain fire protection defense-in-depth (fire prevention,
fire suppression, and post-fire safe shutdown capability).
* * * * *
(f) Licensees that have submitted the certifications required under
Sec. 50.82(a)(1) shall maintain a fire protection program to address
the potential for fires that could cause the release or spread of
radioactive materials (i.e., that could result in a radiological
hazard). A fire protection program that complies with NFPA 805 shall be
deemed to comply with the requirements of this paragraph.
Dated at Rockville, Maryland, this 25th day of October, 2002.
For the U.S. Nuclear Regulatory Commission.
Annette Vietti-Cook,
Secretary of the Commission.
[FR Doc. 02-27701 Filed 10-31-02; 8:45 am]
BILLING CODE 7590-01-P