[Federal Register Volume 71, Number 43 (Monday, March 6, 2006)]
[Proposed Rules]
[Pages 11169-11172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-3128]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 50

RIN 3150 AH54


Fire Protection Program--Post-Fire Operator Manual Actions

AGENCY: Nuclear Regulatory Commission.

ACTION: Withdrawal of proposed rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is withdrawing its 
proposed amendment to the Commission's fire protection regulations for 
nuclear power facilities operating prior to January 1, 1979. The 
proposed amendment pertained to the use of manual actions by plant 
operators coincident with fire detectors and an installed automatic 
fire suppression system in the fire area as an alternative method to 
achieve hot shutdown conditions in the event of fires in certain plant 
areas. Based on stakeholder comments, the Commission believes that the 
proposed rule would not achieve intended objectives of effectiveness 
and efficiency.

FOR FURTHER INFORMATION CONTACT: David Diec, (301) 415-2834, e-mail 
[email protected] or Alexander Klein, (301) 415-3477, e-mail [email protected] of 
the Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory 
Commission.

SUPPLEMENTARY INFORMATION

I. Purpose
II. Background
III. Proposed Rulemaking
IV. Withdrawal of Rulemaking
V. Operator Manual Actions Closure Plan
    A. Ensuring Compliance
    B. Regulatory Issue Summary

[[Page 11170]]

    C. Staff Regulatory Review Guidelines
    D. Enforcement Action

I. Purpose

    For the reasons discussed in this document, the Commission is 
withdrawing a proposed rulemaking that was recommended as the 
appropriate regulatory tool to resolve a compliance issue associated 
with the use of operator manual actions for post-fire safe shutdown of 
nuclear power plants. The Commission is initiating a closure plan to 
ensure continuing compliance with the fire protection regulations.

II. Background

    Section 50.48(b) of the Code of Federal Regulations (10 CFR 
50.48(b)) backfits the requirements of paragraphs III.G, III.J, and 
III.O of Appendix R, ``Fire Protection Program for Nuclear Power 
Facilities Operating Prior to January 1, 1979,'' to 10 CFR part 50, 
``Domestic Licensing of Production and Utilization Facilities,'' to 
plants licensed to operate before January 1, 1979 (pre-1979). The NRC 
incorporated similar guidance and criteria into Branch Technical 
Position CMEB 9.5-1, ``Guidelines for Fire Protection for Nuclear Power 
Plants,'' and section 9.5.1, ``Fire Protection Program,'' of NUREG-
0800, ``Standard Review Plan for the Review of Safety Analysis Reports 
for Nuclear Power Plants'' (also referred to as the Standard Review 
Plan (SRP) for plants licensed after January 1, 1979 (post-1979). Post-
1979 licensees incorporated their fire protection program 
implementation requirements into their operating licenses as license 
conditions.
    Paragraph III.G.2 of Appendix R to 10 CFR part 50 requires that, 
where cables or equipment of redundant trains of systems necessary to 
achieve and maintain hot shutdown conditions are located in the same 
fire area, one of the following means of ensuring that one of the 
redundant trains is free of fire damage shall be provided:
    a. Separation of cables and equipment by a fire barrier having a 3-
hour rating.
    b. Separation of cables and equipment by a horizontal distance of 
more than 20 feet with no intervening combustibles or fire hazards and 
with fire detectors and an automatic fire suppression system in the 
fire area.
    c. Enclosure of cables and equipment in a fire barrier having a 1-
hour rating and with fire detectors and an automatic fire suppression 
system in the fire area.
    Paragraph III.G.2 of Appendix R to 10 CFR part 50 cannot be 
reasonably interpreted to permit reliance upon operator manual actions 
in lieu of the specific methods provided in subparagraphs (a), (b), 
and/or (c) to ensure that one of the redundant safe shutdown trains in 
the same fire area is free of fire damage. Therefore, any pre-1979 
licensee that is using operator manual actions instead of the specific 
methods in subparagraphs (a), (b), and/or (c) without an NRC-approved 
exemption is not in compliance with the regulations.
    The staff became aware that some licensees were using operator 
manual actions in lieu of the requirements in Paragraph III.G.2 in 
Appendix R to 10 CFR part 50 and initiated this rulemaking as a means 
to bring plants into compliance.
    10 CFR 50.12, ``Specific Exemptions,'' provides the basis for the 
NRC to consider exemptions from requirements in 10 CFR part 50, 
including the requirements in 10 CFR part 50, Appendix R.
    In the past, the staff reviewed and approved a number of exemption 
requests for the use of operator manual actions when licensees could 
not meet the requirements for either separation distance, a fire 
barrier, or a fire suppression system as detailed under paragraphs 
III.G.2(a), (b), or (c) of Appendix R to 10 CFR Part 50. The staff's 
rationale for approving these exemptions was predicated on the type and 
amount of combustibles, the need for automatic fire suppression and 
detection capability, the effectiveness of the applicant's manual 
firefighting capability, and the time assumed available for plant 
operators to take such manual actions.
    The regulations also allow licensees to use a risk-informed, 
performance-based approach under 10 CFR 50.48(c). This approach would 
allow licensees to use the National Fire Protection Association (NFPA) 
Standard 805, ``Performance-Based Standard for Fire Protection for 
Light Water Reactor Electric Generating Plants, 2001 Edition,'' in lieu 
of seeking an exemption or license amendment or meeting the 
requirements of Appendix R.

III. Proposed Rulemaking

    In SECY-03-0100, ``Rulemaking Plan on Post-Fire Operator Manual 
Actions,'' dated June 17, 2003, the NRC staff recommended a revision to 
the reactor fire protection regulation contained in Appendix R to 10 
CFR part 50 and associated guidance to resolve a regulatory compliance 
issue. The proposed rule on post-fire operator manual actions was 
published in the Federal Register on March 7, 2005 (70 FR 10901), with 
a 75-day comment period that ended on May 23, 2005. The proposed rule 
would have revised paragraph III.G.2 of Appendix R to allow licensees 
to implement acceptable operator manual actions combined with fire 
detectors and automatic fire suppression capability as an acceptable 
method for ensuring the capability of a licensee to bring a reactor to, 
and maintain it in, a hot shutdown condition. Fire detectors and 
automatic fire suppression requirements were included with the criteria 
for feasible and reliable operator manual actions to maintain fire 
protection defense-in-depth. The anticipated outcome of this proposed 
rule was to reduce unnecessary regulatory burden and maintain NRC 
effectiveness and efficiency by reducing the need for licensees to 
prepare exemption requests, and the need for NRC to review and approve 
these requests.
    The NRC received about 80 comments from 14 individuals and 
organizations on the proposed rule. Industry stakeholders and the 
Nuclear Energy Institute (NEI) commented that the proposed rule 
requirement for an automatic fire suppression system is not necessary 
and installation of such systems would be costly without a clear safety 
enhancement. Industry stakeholders and NEI stated that this requirement 
would likely not reduce or eliminate the number of exemption requests, 
and thus, would not meet one of the primary purposes of the rulemaking.
    Industry stakeholders further objected to the proposed rule 
requirement for a time margin and stated that thermal hydraulic 
calculations and other analyses have inherent conservatism that 
accounts for time margin. Industry stakeholders also objected to the 
time margin factor of two, stating that it is arbitrary, unprecedented, 
and inconsistent with requirements for other plant programs, such as 
emergency operating procedures.
    Some industry stakeholders claim that the proposed rule is a 
backfit and that NRC guidance has allowed the use of operator manual 
actions to protect redundant safe shutdown trains.
    Comments received from public interest groups and individuals 
generally stressed the need for the NRC to maintain the current 
regulations on fire protection of nuclear power plant safe shutdown 
capability. The Union of Concerned Scientists and the Nuclear 
Information and Resource Service stated that they agree with the 
staff's recommendation to withdraw the proposed rule.
    The NRC's evaluation of the stakeholder comments is provided in

[[Page 11171]]

the document titled ``Response to Public Comments on the Proposed 
Operator Manual Actions Rule.'' This document is available in ADAMS 
under ADAMS Accession No. ML053350235. ADAMS may be accessed via the 
NRC's Public Web site at http://www.nrc.gov/NRC/ADAMS/index.html.
    The NRC has engaged stakeholders throughout the rulemaking process. 
On April 27, 2005, the NRC held a Category 3 public meeting at NRC 
Headquarters in Rockville, Maryland, to obtain stakeholder feedback on 
the proposed rule. Representatives from the industry, the Nuclear 
Energy Institute, industry consultants, and a public interest group 
attended the meeting. The feedback provided by stakeholders during the 
public meeting was similar in nature and consistent with those provided 
in written comments at the close of the 75-day public comment period.
    On September 30, 2005, the NRC held a Category 2 public meeting at 
NRC Headquarters to discuss both the planned withdrawal of the proposed 
rule on post-fire operator manual actions and NRC's closure plan 
following withdrawal of the rule. During this meeting, the NRC received 
public comments on the closure plan from industry, the NEI, the Nuclear 
Information and Resource Service, and an industry consultant.

IV. Withdrawal of Rulemaking

    Industry stakeholders and NEI stated that the proposed rule, if 
implemented, would require numerous exemption requests for conditions 
that do not satisfy the automatic fire suppression requirement, 
specific acceptance criteria for operator manual actions, or a 
combination thereof. This outcome would not be consistent with the 
primary purpose of the rulemaking which was to enhance effectiveness 
and efficiency by reducing or eliminating exemption requests. 
Therefore, the NRC is withdrawing the proposed rulemaking.

V. Operator Manual Actions Closure Plan

A. Ensuring Compliance

    The NRC will continue to verify compliance with its regulations 
through scheduled inspections. The NRC expects noncompliances 
identified by NRC inspectors or licensees to be addressed by licensees 
through plant corrective actions.
    The withdrawal of the operator manual actions rulemaking may 
require some licensees to take corrective actions that may be different 
from those described in the proposed rule. As such, the NRC's closure 
plan to deal with the rule withdrawal includes issuing a new regulatory 
issue summary and developing internal staff regulatory review 
guidelines for post-fire operator manual actions.

B. Regulatory Issue Summary

    The NRC intends to issue a regulatory issue summary (RIS) to 
reiterate the 10 CFR part 50, Appendix R Paragraph III.G.2 compliance 
expectations with respect to the use of operator manual actions, 
discuss the means to achieve compliance, advise licensees of the date 
the NRC will terminate the enforcement discretion guidance in 
Enforcement Guide Memorandum (EGM) 98-02, ``Enforcement Guidance 
Memorandum--Disposition of Violations Of Appendix R, Sections III.G and 
III.L Regarding Circuit Failures,'' Revision 2 issued in February 2000 
(incorporated into Enforcement Manual section 8.1.7.1), and discuss 
potential exemption requests, compensatory measures and corrective 
actions pertaining to operator manual actions.

C. Staff Regulatory Review Guidelines

    The NRC developed acceptance criteria as part of the proposed rule 
for operator manual actions and also for DG-1136, ``Demonstrating the 
Feasibility and Reliability of Operator Manual Actions in Response to 
Fire,'' dated February 2005, that provided an acceptable method for 
complying with the proposed rule. The acceptance criteria and DG-1136 
were published in 70 FR 10901. The NRC plans to update section 9.5.1, 
``Fire Protection Program,'' of NUREG-0800, ``Standard Review Plan for 
the Review of Safety Analysis Reports for Nuclear Power Plants'' [also 
referred to as the Standard Review Plan (SRP)] to address post-fire 
operator manual actions acceptance guidance. This update to the SRP 
will include the knowledge gained during the proposed rule development 
and will enhance the NRC regulatory review process for future licensing 
actions, such as exemption requests.

D. Enforcement Action

    In March 1998, the NRC staff issued EGM 98-02, which provides 
enforcement discretion guidance for issues related to fire-induced 
circuit failures. The most recent revision of EGM 98-02 was issued in 
February 2000 and can be accessed in ADAMS under ADAMS Accession Number 
ML003710123. This EGM, which remains in effect, discusses fire-induced 
circuit failure requirements and encompasses the vast majority of 
manual actions since manual actions are used as compensatory measures 
to satisfy the regulatory requirements related to fire-induced circuit 
failures. The EGM provides guidance for disposition of noncompliances 
involving fire-induced circuit failures, which could prevent operation 
or cause maloperation of equipment needed to achieve and maintain post-
fire safe shutdown. The EGM includes guidance to provide discretion for 
cases where licensees do not dispute that a violation of regulatory 
requirements has occurred with respect to a nonconformance, take prompt 
compensatory actions, and take corrective actions within a reasonable 
time. The expectations of this EGM have been incorporated into the 
current NRC Enforcement Manual.
    The Office of Nuclear Reactor Regulation issued a revised 
Inspection Procedure (IP) 71111.05T, ``Fire Protection (Triennial),'' 
in March 2003 providing inspection criteria for operator manual 
actions. The inspection criteria are used as guidance by NRC inspectors 
to determine if operator manual actions can be used as a compensatory 
measure while corrective actions are taken by the licensee.
    The NRC plans to terminate the enforcement discretion guidance in 
EGM 98-02 6 months after the publication date of this Federal Register 
notice. During this 6-month period, the application of the enforcement 
guidance in EGM 98-02 in combination with the criteria in IP 71111.05T 
will ensure the adequacy and appropriateness of compensatory measures 
in the form of operator manual actions implemented in accordance with 
the licensee's fire protection program. Manual actions that fail to 
meet the criteria in the inspection procedure are not considered to be 
feasible or adequate compensatory measures. The continuation of 
enforcement discretion guidance for six months is intended to provide a 
reasonable amount of time for licensees that have implemented feasible 
and reliable operator manual actions as compensatory measures to 
initiate corrective actions. The corrective actions could involve 
compliance with III.G.2 or III.G.3; adoption of NFPA 805 through 10 CFR 
50.48(c); or submission of exemption requests or license amendments.
    Licensees that have initiated corrective actions within the 6-month 
period, for noncompliances involving operator manual actions used to 
address fire-induced circuit failures, will receive enforcement 
discretion for those noncompliances provided licensees complete the 
corrective actions in a timely manner. The NRC expects timely 
completion of the corrective actions

[[Page 11172]]

consistent with RIS 2005-20, ``Revision to Guidance Formerly Contained 
in NRC Generic Letter 91-18,'' dated September 26, 2005 (ADAMS 
Accession No. ML052020424) not to exceed 3 years from the date of this 
Federal Register notice, or consistent with the licensee's NFPA 805 
transition schedule.
    The Commission believes that the proposed rule would not achieve 
its objective. Therefore, the Commission has decided to withdraw the 
proposed rule.

    Dated at Rockville, Maryland this 28th day of February, 2006.

    For the Nuclear Regulatory Commission.
Annette Vietti-Cook,
Secretary of the Commission.
 [FR Doc. E6-3128 Filed 3-3-06; 8:45 am]
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