ML18107A189

Responds to Re NRC Fire Protection Regulations. Commission Provided Addl Direction to NRC to Begin Fire Protection Rulemaking at Earliest Possible Date in Parallel with Establishment of NFPA Std

ML18107A189
Person / Time
Site:	Salem
Issue date:	04/15/1999
From:	Travers W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:	Lobiondo F HOUSE OF REP.
Shared Package
ML18107A190	List: ML18107A189 ML18107A191 ML18107A193
References
NUDOCS 9904220025
Download: ML18107A189 (11)

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UNITi:D STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555--0001 April 15, 1999 The Honorable Frank A. LoBiondo United States House of Representatives

. Washington, D.C. 20515-3002

Dear Congressman LoBiondo:

I am responding to your letter of February 11, 1999, concerning the U.S. Nuclear Regulatory Commission's fire protection regulations. You asked for information on the planned revision to the fire protection regulation regarding inflammable materials, the actions being taken to reduce the use of compensatory measures, and the results of the February 9, 1999, Commission briefing on fire protection issues.

I assure you that the Commission and the NRG staff take nuclear power plant fire safety very seriously and continue to take steps to ensure that adequate fire safety exists at each of the nation's plants. Nevertheless, the reactor fire protection regulations can be confusing and

• should be improved. To that end, in June 1998, the Commission directed the NRG staff to pursue rulemaking to eliminate the requirement that penetration seal materials be noncombustible, to consolidate and clarify the existing reactor fire protection positions and guidance used in meeting regulatory requirements in a new comprehensive regulatory guide, and to pursue, in cooperation with the National Fire Protection Association (NFPA), the development of a new risk-informed and, ultimately, performance-based consensus standard for fire protection at nuclear power plants. If the NFPA standard meets NRG needs, the Commission plans to endorse it as a voluntary alternative to the existing requirements. This approach is consistent with Pu.blic Law 104-113, which encourages the adoption of national consensus standards by Government agencies.

The planned elimination of the requirement for noncombustible fire barrier penetration seal materials will bring the regulation into alignment with industry practice and previous staff approvals. It will not change the fire protection requirements for any other nuclear power plant 1

structure, system, or component. On the basis of a detailed assessment, the NRG staff found

/ () l that there was no technical or safety reason for requiring that penetration seal materials be

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noncombustible. Instead, the NRC's primary focus is on the seal's ability to prevent a fire from ()'

propagating. Consequently, in SECY-98-058, "Development of a Risk-Informed, Performance-Based Regulation for Fire Protection at Nuclear Power Plants," dated March 26, 1998, the NRG staff recommended that the noncombustibility requirement be deleted. In a staff requirements memorandum of June 30, 1998, the Commission directed the NRG staff to pursue rulemaking to eliminate that requirement. In a letter dated July 20, 1998, the Advisory Committee on Reactor Safeguards (ACAS) agreed with the Commission direction. The NRG staff is currently preparing a rulemaking package. The proposed rule chang *

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comment by July 1999 and completed by April 2000.

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• *~ £.'. ; ~~r f As you may be aware, in 1976, the NRG staff adopted the "defense-in-depth" concept for reactor fire protection and began requiring licensees to compensate for fire protection deficiencies by implementing compensatory measures. Defense-in-depth combines multiple

The Honorable Frank fire safety measures to achieve a balance among three elements of fire protection: fire prevention, fire detection and suppression, and separation of redundant safe shutdown functions. A defense-in-depth approach requires that weaknesses in one element can be offset by enhancing the other elements. Fire watches are the most common compensatory measure.

Fire watches are carried out by personnel trained by the licensees to look for ignition sources, fire hazards, combustible materials, and signs of incipient fires, and to provide prompt notification of such vulnerabilities.

Fire protection compensatory measures are an integral part of NRG-approved fire protection programs, which are controlled by Section 50.48, "Fire protection," of 1 O CFR Part 50, plant technical specifications, and operating license conditions. The NRG staff determined that NRC-approved compensatory measures, in combination with other standard fire protection features (for example, fire brigades are required to be on site around the clock), provide an adequate level of fire protection and reasonable assurance that plant operations can be conducted without an undue risk to the health and safety of the public.

The need for and the duration of compensatory measures are determined by the licensees on a case-by-case basis. Factors that affect the duration of compensatory measures include the scope, complexity, and safety significance of the degraded conditions and work scheduling.* In many cases, compensatory measures are only needed for short periods of time, for example, to perform periodic tests of fire suppression systems or to replace an inoperable fire detector. In other cases, such as the raceway fire barrier deficiencies at the Salem Generating Station, corrective actions are more complex and take longer to engineer, design, and implement. As a result, compensatory measures may be needed for a longer period of time. Notwithstanding

• interim reliance on compensatory measures, the NRG staff does not accept compensatory measures as a substitute for permanent corrective actions and expects licensees to take appropriate and timely actions to correct deficiencies. In the case of the raceway fire barrier deficiencies at Salem, in 1997, before Salem restarted, the NRG staff reviewed and approved the compensatory actions, corrective action program, and schedule proposed by Public Service Electric and Gas Company (PSE&G), the licensee for Salem.

In a meeting with the NRG staff on September 23, 1998, PSE&G stated that its corrective action program was on schedule. PSE&G has also committed to the NRC that the design and implementation of modifications and upgrades for fire protection will be completed within three refueling outages (May and December 2002 for Units 2 and 1, respectively). NRG staff periodically meet with PSE&G to assess its progress in resolving the raceway fire barrier deficiencies and to ensure that its efforts are commensurate with those needed to return the barriers to compliance on schedule. PSE&G is adhering to the NRG-approved schedule.

For the reasons discussed above, the Commission believes that the current use of interim, compensatory measures is sufficient to provide adequate.protection of public health and safety while licensees implement changes to return to full compliance with NRC's fire protection regulations. Similarly, the staff concluded that the interim compensatory measures in place at Salem provide adequate protection to public health and safety until the design changes are completed.

On February 9, 1999, the NRG staff, the NFPA, the Nuclear Energy Institute, the Union of Concerned Scientists, and the Nuclear Information and Resource Service briefed the Commission on several reactor fire protection issues, including the revision of Appendix R, the

The Honorable Frank* NFPA standard, the comprehensive regulatory guide for reactor fire protection, the fire protection functional inspection program, the individual plant evaluation of external events program, and fire research activities. As a result of the briefing, the Commission provided additional direction to the NRC staff to begin fire protection rulemaking at the earliest possible date in parallel with the establishment of the NFPA standard. In addition, the Commission directed the staff to continu.e interactions with stakeholders in developing timely, effective, and realistic risk-informed solutions to fire protection problems and to recommend the appropriate types and frequencies of fire protection inspections.

I trust that this responds to your request. Please contact me if I can be of further assistance.

Sincerely,

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William D. Travers Executive Director for Operations

The Honorable Frank NFPA standard, the comprehensive regulatory guide for reactor ffre protection, the fire protection functional inspection program, the individual plant evaluation of external events program, and fire research activities. As a result of the briefing, the Commission provided additional direction to the NRC staff to begin fire protection rulemaking at the earliest possible date in parallel with the establishment of the NFPA standard. In addition, the Commission directed the staff to continue interactions with stakeholders in developing timely, effective, and realistic risk-informed solutions to fire protection problems and to recommend the appropriate types and frequencies of fire protection inspections.

I trust that this responds to your request. Please contact me if I can be of further assistance.

Sincerely, William D. Travers Executive Director for Operations "This correspondence addresses policy issues previously resolved by the Commission, transmits factual information, or restates Commission Policy."

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of Appendix R, the NFPA standard, the comprehensive regulatory guide for reactor fire protection, the fire protection functional inspection program, the individual*plant evaluation of

.external events program, and fire research. activities. As a result of the briefing, the Commission provided aocfltional directiDTI to the NRC staff to egin fire protection rulemaking at

.the.earliest possible date in.parallel with= the establishment f the NFPA standard.

• f trust thatthis responds to your request.

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This correspondence addresses poli y issues previously resolved by the Commission, transmits factual information, or res tes Commission Policy."

DISTRIBUTION:

PUBLIC (w/incoming)

EDO R/F FMiraglia HMiller, RGN-1.

SCollins PMagnanelli (G19990086)

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Travers JBlaha KCyr, OGC GHolahan LB Marsh PMadden OGC SECY.

JStolz SPLB Correspondence File PNorry RZimmerman Document Name: A:\\LOBIONBO.WPD

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The Honorable Frank of Appendix R, the NFPA standard, the comprehensive regulatory guide for reactor fire protection, the fire protection functional inspection program, the individual plant evaluation of external events program, and fire research activities. As a result of the briefing, the Commission provided additional direction to the NRC staff to begin fire protection rulemaking at the earliest possible date in parallel with the establishment of the NFPA standard.

I trust that this responds to your request.

Sincerely, Shirley Ann Jackson

Enclosure:

As stated "This correspondence addresses policy issues previously resolved by the Commission, transmits factual information, or restates Commission Policy."

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EDO R/F FMiraglia HMiller, RGN-1 SCollins PMagnanelli (G19990086)

BSheron SWest JZwolinski OPA NRR Mail Room (G19990086)

PMilano SPLB R/F MKnapp Burns Kane Docket File (50-272 and 50-311) (w/original incoming)

EDO (G19990086)

WTravers*

JBlaha KCyr, OGC GHolahan LB Marsh PMadden OGC SECY JStolz SPLB Correspondence File PNorry RZimmerman Document Name: A:\\LOBIONBO.WPD

• SEE PREVIOUS CONCURRENCE To receive a copy of this document, indicate in the box C=Copy w/o attachment/enclosure, E=Copy with tth ti I

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The Honorable Frank external events program, and fire research activities. As a result of the briefing, the Commission provided additional direction to the NRC staff. A copy of the staff requirements memorandum is attached for your information.

I trust that this responds to your request.

Sincerely, Shirley Ann Jackson

Enclosure:

As stated "This correspondence addresses policy issues previously resolved by the Commission, transmits factual information, or restates Commission Policy."

DISTRIBUTION:

PUBLIC (w/incoming)

EDO R/F FMiraglia HMiller, RGN-1 SCollins PMagnanelli (G19990086)

BSheron SWest JZwolinski OPA NRR Mail Room (G19990086)

PMilano SPLB R/F MKnapp Burns Kane Docket File (50-272 and 50-311) (w/original incoming)

EDO (G19990086)

WT ravers JBlaha KCyr, OGC GHolahan LB Marsh PMadden OGC SECY JStolz SPLB Correspondence File PNorry RZimmerman Document Name: A:\\LOBIONBO.WPD

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The Hon~rable Frank A.*

iondo compensatory ctions, corr.ective action program, and schedule proposed by Public Se ice Electric and Gas Company (PSE&G), the licensee for Salem. The staff concluded t at they were reasonable a d provided an acceptable level of fire safety. Staff from NF!_cyegion I and the Office of Nuclea Reactor Regulation periodically meet with staff from PSE~ to assess its progress in resolving he deficiencies and to ensure that its efforts are commensurate with those needed to retur the barriers to compliance on schedule. PSE&zis dhering to the NRG-approved schedul.

For the reasons discusse above, the Commission believes that its cu rent use of interim, compensatory measures ar sufficient to provide adequate protecti ~ of public health and safety while licensees imple nt changes to retum to full complia ce with NRC's fire protection regulation. Similarly, the staff oncluded that the interim compe satory measures in place at Salem provide adequate protect n to public health and szafety ntil the design changes are completed.

On February 9, 1999, the NRC staff, the National Fire Pr ection Association, the Nuclear Energy Institute, the Union of Concer ed Scientists, ancYthe Nuclear Information and Resou~ce Service briefed the Commission on se ral reactor ft:'re protection issues, including the revision of Appendix R, the NFPA standard, the omprehensi e regulatory guide for reactor fire protection, the fire protection functional in pection ogram, the individual plant evaluation of external events program, and fire researcH activiti s. As a result of the briefing, the Commission provided additional direction to he RC staff. A copy of the staff requirements memorandum is attached for your informatio I trust that this responds to your request.

Enclosure:

As stated "This correspondence ad esses policy issues prev usly resolved by the Commission, transmits factual inform ion, or restates Commissio Policy."

To receive a copy of this d cument, indicate in the box C=Copy w/o a tachment/enclosure, E=Copy with attachment/enclosure, N = o co

• SPLB:DSSA

• SC:SPLB

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• PM:DLPM DOudinot RSanders KSWest LBMarsh.

PMilano 2/23/99 2/22/99 2/23/99 2/23/99 3/ 01/99

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SJ Collins WJTravers SAJackson 3/01/99 3/

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The Honorable Frank A..iondo were reasonable and provided an acceptable level of fire safety. Staff from NRC Region I and the Office of Nuclear Reactor Regulation periodically meet with staff from PSE&G to assess its progress in resolving the deficiencies and to ensure that its efforts are commensurate with those needed t eturn the barriers to compliance on schedule. PSE&G is adhering to the NRG-approved s edule.

For the reasons disc. ssed above, the Commission does not plan to revise the fire protection regulation to reduce t use of compensatory measures, and the NRC staff is not taking steps to reduce the use of co, pensatory measures at Salem.

On February 9, 1999, the RC staff, the National Fire Protection Association, the Nuclear Energy Institute, the Union f Concerned Scientists, and the Nuclear Information and Resource Service briefed the Commis *on on several reactor fire protection issues, including the revision of Appendix R, the NFPA sta ard, the comprehensive regulatory guide for reactor fire protection, the fire protection f ctional inspection program, the individual plant evaluation of external events program, and fi research activities. On the basis of the information given to the Commission during the briefi \\~, including the initiatives that interest you, the NRC staff is complying with Commission direct on. In addition, each of the projects is on schedule. The Commission is currently deciding ether or not it needs to provide additional direction to the NRC staff.

I trust that this responds to your reque t.

Sincerely,

, hirley Ann Jackson

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"This correspondence addresses policy~ssues previously resolved by the Commission, transmits factual information, or restate,mmission Policy."

DISTRIBUTION: See attached list.

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Document Name: A:\\LOBIONBO.WPD

• SEE PREVIOUS CONCURRENCE To receive a copy of this document, indicate in the box ~opy w/o attachment/enclosure, E=Copy with h

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The Hqnorable Frank Service briefed the Commission on several reacto ire protection issues, including the revision of Appendix R, the NFPA standard, the compre ensive regulatory guide for reactor fire protection, the fire protection functional inspe ron program, the individual plant evaluation of external events program, and fire research ctivities. On the basis of the information given to the Commission during the briefing, incl rng the initiatives that interest you, the NRC staff is complying with Commission direction. n addition, each of the projects is on schedule. The Commission is currently deciding w ther or not it needs to provide additional direction to the NRC staff.

I trust that this responds to y r request.

Sincerely, Shirley Ann Jackson is correspondence addresses policy issues previously resolved by the Commission, ransmits factual information, or restates Commission Policy."

ISTRIBUTION: See attached list Document Name: A:\\LOBIONBO.WPD

• SEE PREVIOUS CONCURRENCE

. To receive a copy of this document, indicate in the box C=Copy w/o attachment/enclosure, E=Copy with h

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The Honorable Frank Commission is currently deciding whether or not it needs to provide additional direction to the NRC staff.

I trust that this responds to your request.

Sincerely, Shirley Ann Jackson "This co respondence addresses policy issues previous! resolved by the Commission, transmits factual information, or restates Commission olicy."

DISTRIBUTION: See attached "st Document Name: lobionbo.w d To receive a copy of this docu attachment/enclosure, N = No c C=Copy w/o attachment/enclosure, E=Copy OFFICE L TECH ED NAME

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