ML080810211

G20080167/EDATS: OEDO-2008-0183 - Ltr. Marvin S. Fertel Successful Transition of Plants Implementing NFPA-805 to Meet 10 CFR 50.48(c)

ML080810211
Person / Time
Site:	Nuclear Energy Institute
Issue date:	04/23/2008
From:	Reyes L NRC/EDO, Office of Nuclear Reactor Regulation
To:	Fertel M Nuclear Energy Institute
barrett H, NRR/DRA/AFPB 415-1402
Shared Package
ML080810236	List: ML080810211
References
G20080167, OEDO-2008-0183, TAC MD8258
Download: ML080810211 (4)

Text

April 23, 2008 Mr. Marvin S. Fertel, Executive Vice President and Chief Nuclear Officer Nuclear Energy Institute 1776 I Street NW, Suite 400 Washington, D.C. 20006-3708

Dear Mr. Fertel:

Thank you for your letter dated March 7, 2008, regarding transition of plants to National Fire Protection Association Standard 805 (NFPA 805), Performance-Based Standard for Fire Protection for Light Water Electric Generating Plants, 2001 edition. I share the same goal of successful transition to NFPA 805 to meet the requirements of 10 CFR 50.48(c) for those plants that have chosen to adopt it. In fact, in a December 15, 2006, memorandum, the Commission reiterated its commitment to the NFPA 805 transition directing the staff to encourage licensees to transition to 10 CFR 50.48(c) and NFPA 805. The NRC staff sees risk-informed, performance-based fire protection to be an excellent vehicle to address fire protection issues.

Your letter presented two main concerns with the ongoing process to transition to NFPA 805.

The first related to the structure of the current effort, which does not allow sufficient time to apply lessons learned from pilot studies. The second related to the fire probabilistic risk assessment (PRA) methods, which have not been fully developed to support NFPA 805.

Regarding the structure of the current effort, I recognize that it will be a significant challenge to implement NFPA 805 within the committed schedules. The successful transition of all currently planned units requires timely, effective communications between the NFPA 805 pilot plants, the NRC staff and the non-pilot plants. The NRC staff has developed effective communication avenues to support the pilot plants, to share lessons learned with the rest of the industry, and to resolve emerging issues and questions through public meetings, conferences and workshops.

We acknowledge your February 2, 2007, and March 7, 2008, letters requesting an extension to the enforcement discretion policy and are actively considering them at this time. The NRC staff plans to provide recommended revisions to the enforcement discretion policy in June 2008 for Commission approval.

Regarding fire PRA methods, the NRC staff is working with the industry to address the issues in a timely, effective and public manner. The specific issues are well understood and mechanisms are in place to bring about the necessary changes in both the methods and the associated guidance documents. The industry and NRC staff are working on resolving these issues.

Appropriate attention will be provided by the Fire Protection Steering Committee to assure successful resolution.

M. Fertel In summary, the NRC is focused on making a successful transition to NFPA 805. The agency is supporting this effort with considerable resources focusing on timely communications to facilitate effective knowledge transfer from the pilot plants, as well as timely resolution of fire PRA technical issues. Please do not hesitate to contact me with any further questions.

Sincerely,

/RA/

Luis A. Reyes Executive Director for Operations

ML080810236 OFFICE NRR/DRA/AFPB NRR/DRA/AFPB OTE NRR/DRA NAME HBarrett AKlein (HBarrett for) HChang MCunningham DATE 03/21/08 03/21/08 03/26/08 03/21/08 OFFICE OGC NRR/OD EDO NAME EWilliamson (NLO) JDyer (JGrobe for) LReyes DATE 03/24/2008 04/01/08 04/23/08