[Federal Register Volume 64, Number 202 (Wednesday, October 20, 1999)]
[Proposed Rules]
[Page 56476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27360]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 64, No. 202 / Wednesday, October 20, 1999 / 
Proposed Rules  

[[Page 56476]]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 50

[Docket No. PRM-50-61]


Nuclear Energy Institute; Withdrawal of Petition for Rulemaking

AGENCY: Nuclear Regulatory Commission.

ACTION: Withdrawal of petition for rulemaking.

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SUMMARY: The Nuclear Regulatory Commission (NRC) has determined that a 
petition for rulemaking submitted by the Nuclear Energy Institute (NEI) 
(PRM-50-61), in which the petitioner requested that the NRC amend its 
fire protection regulations, has effectively been withdrawn by NEI. In 
subsequent correspondence with the NRC, the petitioner expressed a 
change of position that obviated the need for a proposed rulemaking 
requested by the petition. Specifically, the petitioner requested that 
the NRC cancel the proposed fire protection rulemaking instead of 
deferring it. As an alternative to the rulemaking requested in the 
petition, the NRC, in cooperation with the National Fire Protection 
Association (NFPA) and stakeholders, is pursuing the development of a 
risk-informed, performance-based consensus standard for fire protection 
at nuclear power plants. If the consensus standard is successfully 
developed, the NRC may adopt it in a future rulemaking as an 
alternative method of meeting the NRC fire protection requirements. 
Accordingly, the NRC is not taking any further action on the petition 
since it has, in effect, been withdrawn by the petitioner.

ADDRESSES: Copies of the petition for rulemaking, the public comments 
received, and the NRC's letter to the petitioner are available for 
public inspection in the NRC Public Document Room, 2120 L Street NW. 
(Lower Level), Washington, DC 20012-7082, telephone: (202) 634-3273.

FOR FURTHER INFORMATION CONTACT: Daniele Oudinot, Division of Systems 
Safety and Analysis, Office of Nuclear Reactor Regulation, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001,Telephone: (301) 415-
3731, e-mail [email protected].

SUPPLEMENTARY INFORMATION: On June 6, 1995 (60 FR 29784), the NRC 
published a notice of receipt of a petition for rulemaking filed by 
NEI. The petitioner requested that the NRC revise 10 CFR 50.48 and add 
an Appendix S to 10 CFR part 50. In a letter dated February 2, 1995, to 
John C. Hoyle, then-Acting Secretary of the NRC, William H. Rasin, 
then-president of NEI, submitted a Petition for Rulemaking (PRM-50-61). 
In the petition, NEI requested that the NRC amend 10 CFR 50.48 and add 
an Appendix S to 10 CFR part 50 providing for an alternative to the 
current regulation in Appendix R to 10 CFR part 50, ``Fire Protection 
Program for Nuclear Power Facilities Operating Prior to January 1, 
1979.'' In its petition, NEI stated that the rulemaking would make the 
fire protection regulations less prescriptive and more performance 
oriented and risk based.
    In a letter dated December 11, 1997, from Ralph Beedle, Senior Vice 
President and Chief Nuclear Officer, NEI, to L. Joseph Callan, formerly 
NRC Executive Director for Operations, Mr. Beedle presented the results 
of a survey of all chief nuclear officers of operating reactors 
concerning the fire protection rulemaking. As expressed in that survey, 
industry's position was that a new fire protection rule was neither 
desired nor considered necessary to ensure or improve safety. In his 
letter, Mr. Beedle acknowledged that this represented, on the part of 
the industry, a change of position from that previously communicated in 
NEI's petition for rulemaking of February 2, 1995.
    On March 26, 1998, the NRC staff submitted SECY-98-058, 
``Development of a Risk-Informed, Performance-Based Regulation for Fire 
Protection at Nuclear Power Plants,'' to the Commission. In SECY-98-
058, the staff recommended that the fire protection rulemaking be 
deferred and that the NRC, in cooperation with the NFPA and the 
stakeholders, develop a performance-based and risk-informed consensus 
standard for fire protection for nuclear power plants. The NRC staff 
proposed that if the standard were successfully developed, the NRC 
could adopt it in a future rulemaking as an alternate way of meeting 
NRC fire protection requirements specified in 10 CFR 50.48 and Appendix 
R to 10 CFR part 50. The Commission approved the NRC staff's proposal 
in a staff requirements memorandum on SECY-99-058 dated June 30, 1998.
    NEI reiterated its approval and support for the development of the 
NFPA standard instead of the proposed Appendix S in a letter of May 5, 
1998, from Mr. Beedle to the former NRC Chairman Shirley Jackson. In 
that letter, Mr. Beedle stated: ``The industry sees no safety benefit 
in replacing 10 CFR 50.48 and Appendix R with a new fire protection 
rule * * *. It is essential that the industry participate extensively 
in the development and review of any guidance to ensure that licensees 
and NRC staff have a common understanding * * *. The NRC staff should 
continue to support, as does industry, the National Fire Protection 
Association (NFPA) process to develop NFPA 805 * * *. The fire 
protection rulemaking should be canceled rather than deferred.''
    The NRC sent a letter to the petitioner on August 20, 1999, stating 
that, on the basis of NEI's letters of December 11, 1997, and May 5, 
1998, the NRC concluded that NEI has, in effect, withdrawn its petition 
for rulemaking regarding nuclear power plant fire protection. The NRC 
also stated that, unless NEI disagreed with this conclusion and 
responded in writing within 14 days of the August 20, 1999, letter, the 
NRC would publish a notice of withdrawal of the petition in the Federal 
Register. NEI did not respond to NRC's August 20, 1999 letter. 
Therefore, NRC deems the NEI petition of February 2, 1995 (PRM-50-61) 
to be withdrawn.

    Dated at Rockville, Maryland, this 14th day of October, 1999.

    For the Nuclear Regulatory Commission.
Annette Vietti-Cook,
Secretary of the Commission.
[FR Doc. 99-27360 Filed 10-19-99; 8:45 am]
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