ML20203D394

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Ack Receipt of to Chairman Jackson,Nrc,Forwarding Concerns Raised by Constituent Wd Holmes Re Fire Protection Rulemaking Effort of NPP Currently Being Evaluated by NRC
ML20203D394
Person / Time
Issue date: 02/17/1998
From: Callan L
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To: Lieberman J
SENATE
Shared Package
ML20203D396 List:
References
NUDOCS 9802260048
Download: ML20203D394 (8)


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February 17, 1998 The Honorable Joseph I. Lieberrv.a United States Senate Washington, D.C. 20510-0703

Dear Senator Lieh; man:

Thank you for your letter of January 16,1998, to Chairman Jackson of the U.S. Nuclear Regulatory Commission (NRC) forwarding the concems raised by your constituent, Wayne D. Holmes, regarding the fire protection rulemaking effort for nuclear power plants currently being evaluated by the NRC. As you are aware, the NRC staff is considering the development of a more risk-informed, performance-based regulation to replace the existing deterministic and prescriptive requirements specified in 10 CFR 50.48 and Appendix R to 10 CFR Part 50 Early last year, as part of its strategic assessment and rebaselining efforts, the Commission directed the NRC staff to increase its attention on interaction with industry and professional societies to develop new codes and standards to support efficient, offective, and consistent performance of industry activities important to safety. The NRC would then endorse these codes, standards, and guides, consistent with Public Law 104113 (see staff requirements memorandum, Direction-Setting Issue 13-The Role of Industry, March 7,1997, a copy of which is enclosed). NRC fire protection engineering staff are members of the National Fire Protection l

Association Technical Committee on Nuclear Facilities referred to by Mr. Holmes and are l

participating in all committee activities related to fire protection for nuclear power plants.

On September 11,1997, the Commission directed the staff to develop a schedule for possibly expedited rulemaking and to obtain industry feedback on interest in a new rule. The Commission also directed the staff to brief the Commission on all findings, observations, and conclusions related to the rulemaking effort, including industry interaction and comments and other relevant information. A copy of this directive is enclosed. The views presented by Mr. Holmes will be included in the Commission briefing tentatively scheduled for March 1998. Following the briefing, the Commission will direct the staff on the course of action conceming the fire protection rulemaking to be pursued.

I hope this letter answers any questions you or your constituent have regarding the fire protection rulemaking effort currently being evaluated by the NRC. Please contact me if you require h3 additional information.

r' Sincerely, bh" h E' B

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-v 9pr engr >/cmw mc g9vNRC/ STRATEGY /SRM'srm13. tat http://www.nrc govHRC/ STRATEGY /SRM'stml3 txt March 1, 1997 MEMORANDUM TO:

L. Jose h Callan Executive D2 rector for Operations Hoyle, Secretary

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FROM:

John C.

SUBJECT:

STAFF REQUIREMENTS - COMSECY-96-062 -

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STRATEGIC ASSESSMENT ISSUE PAPER: THE ROLE OF INDUSTRY (DSI 13)

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The NRC should move as expeditiously as possible, within budget constraints, to evaluate on a case by case basis initiatives proposing further NRC reliance on industry activities as an alternative for NRC regulatory activities.

Staff guidance should be developed to describe the process and the general decision criteria NRC would use for evaluating proposals. (Option 1)

The staff should explore whether other public agencies provide models or informative experiences regarding this type of process and general decisional criteria.

In addition, the staff's development of decisional criteria should include consideration of the effects on public access to information on safety-significant industry activities if the NRC relies on an industry activity as a substitute for NRC regulatory action.

Accreditation and certification programs for licensee activities can be considered in the context of Option 1.

In addition, the NRC should increase its focus and emphasis on interacting with both industry groups and professional societies and technical institutes to develop new codes, standards, and guides needed to support efficient, effective, and consistent performance of industry activities important to safety.

These codes, standards and guides would then be endorsed by the NRC.

(Option 4)

The staff should develop an implementation plan for pursuing Option 4 that addresses the following:

1) the need to streamline and simplify the NRC's internal process for endorsing codes and standards within a year after they are issued by a professional society.

Consideration should be given to the American Society of Mechanical Engineers' recommendation to maximize concurrency in the professional society process and the NRC regulatory process.

2) internal performance indicators to ensure timely update of regulations and regulatory guides.

3) the degree to which the current backfit rule implementation unnecessarily impedes the adoption of updated codes and standards.

4) whether greater use should be made of all available codes and standards (not just ASME and IEEE standards) in our regulations and regulatory guides.

5) whether the intent of Public Law 104-113 is being fully addressed in all of our regulatory requirements and guides.

i 6) where there are needs for new codes, standards, and guides and recommendations for areas of emphasis.

The NRC's initial activities in pursuing option 4 should include standards development in Probabilistic Risk Assessment (PRA) as discussed 1 of 3 3 -m _

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in the PRA Framework Document (SECY-95-280).

7) an assessment of the required NRC resources and anticipated periods for commitment of such resources.

(EDO)

(SECY Suspense:

8/29/97)

This Direction Setting Issue (DSI) is closely related to DSI-ll, Operating Reactor Program Oversight, and DSI-12, Risk-Informed, Performance-Based Regulation.

The staff should ensure that implementation plans developed for these issues are mutually compatible and do not create duplicate activities.

cci Chairman Jackson Commissioner Rogers Commissioner Dieus Commissioner McGaffigan Commissioner Diaz K. Cyr (OGC)

D. Rathbun (OCA)

H. Bell (OIG)

A. Galante (CIO)

R. Scroggins (CFO)

E. Jordan (SARSC)

J. Silber (SARSC) l l

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httpl/ww.nrc gov /NRCL.NRC-PDR/1997137stm txt httpl/wwerc gov /NRC/FEDWORLDNRC-PDR/1997137stm.txt September 11, 1997 MEMORANDUM TO:

L. Joseph Callan Executive Director for Operations PROM:

John C. Hoyle. Secretary

/s/

SUBJECT:

STAFF REQUIREMENTS - SECY-97-127 -

DEVELOPMENT OF A RISK-INFORMED, PERFORMANCE-BASED REGULATION FOR FIRE PROTECTION AT NUCLEAR POWER PLANTS This is to advise you that the Commission has reviewed the subject paper and agreed on the following approach.

The staff should finalize the current research and study by the end of this year, as noted in the paper.

The staff should then obtain OGC feedback on the backfit implications and industry feedback on interest in a rule and present this information in a briefing to the Commission.

The briefing should incorporate all findings, observations, and conclusions to that point, including, buw not limited to, PRA and f a modeling results, fire protection functional inspection W) results, IPEEE (fire) results, backfit determinations, industry interaction and comments, and other relevant information.

(EDO) (SECY Suspense:2/13/98)

The staff should provide the Commission a schedule for evpedited rulemaking.

(EDO)(SECY Suspense: 10/10/97)

The staff should expedite the resolution of issues necessary to formulate a proposed rule which will eliminate the need for most of the 850 exemptions granted under current rules and which takes a more risk-informed (as opposed to deterministic) and a more performance-based (as opposed to prescriptive) approach where that is appropriate and justifiable.

However, the staff should not force-fit risk-informed, performance-based elements into aress that are not amenable to such approaches.

In the development of the a fire protection rule and performance objectives the staff should fully consider and develop an approach consistent with the current state of fire modeling and PRA usage in fire protection progranm.

The responsibility for this rulemaking effort should be shifted from Research to NRR in accordance with the guidance in DSI-22.

The staff should continue to coordinate additional research (nerformed cooperatively with industry, if possible) as necessary complete any longer term items, or improvements to regulatory

.. dance in support of further risk-informed efforts.

The staff should assess the current regulatory requirements so as not to eliminate current requirements that continue to be appropriate during the transition to more risk-informed fire protection requirements.

The Conndssion should be informed of significant policy and technical issues that arise as a result of staff efforts that impact the schedule.

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February 17, 1990 The Honorable Joseph I. Lieberman United States Sencte Washington, D.C. 20510-0703

Dear Senator Lieberman:

Thank you for your letter of January 16,1998, to Chairman Jackson of the U.S. Nuclear Regulatory Commission (NRC) forwarding the concems raised by your constituent, Wayne D. Holmes, regarding the fire protection rulemaking effort for nuclear power plants currently being evaluated by the NRC As you are aware, the NRC staff is considering the development of a more risk-informed, performance-based regulation to replace the existing deterministic and prescriptive requirements specified in 10 CFR 50.48 and Appendix R to 10 CFR Part 50.

Early last year, as part of its strategic assessment and rebaselining efforts, the Commission directed the NRC staff to increase its attention on interactica vith industry and professional societies to develop new codes and standards to support efficient, offective, and consistent performance of Industry activities important to safety. The NRC would then endorse these codes, standards, and guides, consistent with Public Law 104113 (see staff requirements memorandum, Direction-Setting Issue 13-The Role of Industry, March 7,1997, a copy of which is enclosed). NRC fire protection engineering staff are members of the National Fire Protection Association Technical Committee on Nuclear Facilities referred to by Mr. Holmes and are participating in all committee activities related to fire protection for nuclear power plants.

On September 11,1997, the Commission directed the staff to develop a schedule for possibly l

expedited rulemaking and to obtain industry feedback on interest in a new rule. The Commission also directed the staff to brief the Commission on all findings, observations, and conclusions related to the rulemaking effort, including industry interaction and comments and other relevant information. A copy of this directive is enclosed. The views presented by Mr. Holmes will be included in the Commission briefing tentatively scheduled for March 1998. Following the briefing, the Commission will direct the staff on the course of action concerning the fire protection rulemaking to be pursued.

I hope this letter answers any questions you or your constituent have regarding the fire protection rulemaking effort currently being evaluated by the NRC. Please contact me if you r3 quire additional information.

Sincerely, Original Signedby L. Joseph Callan Executive Director for Operations

Enclosures:

As stated Distribution: On next page DOCUMENT NAME: A:LIEBERMA.WPD *SEE PREVIOUS CONCURRENCE SPLB:DSSA SPLB:DSSA SPLB:DSSA Tech Editor EConnell:rmc*

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The Honorable Joseph I. Lieberman United States Senate Washington, D.C. 20510-0703

Dear Senator Liebemian:

Thank you for your letter of January 16,1998, to Chairman Jackson of the U.S. Nuclear legulatory Commission (NRC) forwarding the concerns raised by your constituent, Wayne D. Holmes, regarding the fire protection rulemaking effort for nuclear power plants curcently being evaluated by the NRC. As you are aware, the NRC staff is considering the vvelopment of a more risk informed, performance-based regulation to replace the existing deterministic and prescriptive requirements specified in 10 CFR 50.48 rnd Appendix R to 10 CFR Part 50.

f Early last year, as part of its strategic assessment and rebaselining efforts, the Commission directed the NRC staff to increase its attention on interaction with industry and professional societies to develop new codes and standards to support efficient, effective, and consistent performance ofindustry activities important to safety. The NRC would then endorse these codes, standards, and guides, consistent with Public Law 104113 (see staff requirements memorandum, Direction-Setting issue 13 Th3 Role of Industry, March 7,1997, a copy of which is enclosed). NRC fire protection engineering staff are members of the National Fire Protection Association Technical Committee on Nuclear Facilities referred to by Mr. Holmes and are participating in all committee activities related to fire protection for nuclear power plants.

On September 11,1997, the Commission directed the staff to develop a schedule for possibly expedited rulemaking and to obtain industry feedback on interest in a new rule. The Commission also directed the staff to brief the Commission on all findings, observations, and conclusions related to the rulemaking effort, including industry interaction and comments and other relevant information. A copy of this directive is enclosed. The views presented by Mr. Holmes will be included in the Commission briefing tentatively scheduled for March 1998. Following the briefing, the Commission will direct the staff on the course of action conceming the fire protection rulemaking to be pursued.

I hope this letter answers any questions you or your constituent have regarding the fire protection rulemaking effort currently being evaluated by the NRC Please contact me if you require additional information.

Sincerely, Original Signedby L. Joseph Callan Executive Director for Operations

Enclosures:

As stated Distribution: On next page DOCUMENT NAME: A:LIEBERMA.WPD *SEE PREVIOUS CONCURRENCE SPLB;DSSA SPLB:DSSA SPLB:DSSA Tech Editor Econnell:rmc*

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T Honorable Joseph I. Lieberman U.S.

nate Washin n, D.C. 20510-0703

Dear Senator ' berman:

Thank you for your er of January 16,1998, to Chairman Jackson of th

.S. Nuclear Regulatory Commissio RC) forwarding the concerns raised by your nstituent, Wayne D. Holmes, regar the fire protection rulemaking effort for clear power plants currently being evaluated by NRC. As you are aware, the NR staff is considering the development of a more risk-info d, performance-based reg ion to replace the e '. sting deterministic and prescriptive requir ents specified in 10 50.48 and Appendix R to 10 CFR Part 50.

Early last year, as part of its strategic assessm t a_

rebaselining efforts, the Commission directed the NRC staff to increase its attention o, eraction with industry and professional societies to develop new codes and standard sup efficient, effective, and consistent performance of industry activities important fety. Th RC would then endorse these codes, standards, and guides, consistent h Public Law 1 -113 (see staff requirements memorandum, Direction-Setting issue The F< ole of Industry, arch 7,1997, a copy of which is enclosed). NRC fire protection engi ring staft are members of e National Fire Protection Association Technical Committee Nuclear Facilities referred to by

r. Holmes and are l

participating in all committee ac ties related to fire protection for nucle power plants.

On September 11,1997, t ommission directed the staff to develop a sch te for possibly expedited rulemaking and obtain industry feedback on interest in a new rule.

e Commission also directed the staff tArief the Commission on all findings, observations, and c clusions related to the rulema ng effort, including industry interaction and comments and oth relevant information. A co of this directive is enclosed. The views presented by Mr. Ho!mes ill be included in the mmission briefing tentatively scheduled for March 1998. Following th

riefing, the Commissi will direct the staff on the course of action conceming the fire protection rulemaking be pursued.

Ihope s letter answers any questions you or your constituent have regarding the fire protecti rule ing effort currently being evaluated by the NRC. Please contact me if you require a

ional information.

Sincerely, L. Joseph Callan Executivo Director for Operations

Enclosures:

As stated Distribution: On next page DOCUMENT NAME: A:LIEBERMA.WPD *SEE PREVIOUS CONCURRENCE SPLB:DSSA SPLB:DSSA SPLB:DSSA Tech Editor EConnell:rmc' SWest

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13 BSheron SCollins JCallan 2 /98 2/ /98 2/ /98 2/ /98 OFFICIAL RECORD COPY

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Tt e Honorable Joseph I. Lieberman l

U.

Senate Was ington, D.C. 20510-0703

Dear Se tor Lieberman:

Thank you fo ur letter of January 16,1998, to Chairman Jack n of the U.S. Nuclear Regulatory Co ission (NRC) forwarding the concems raise 4y your constituent, Wayne D. Holme garding the fire protection rulemaking ort for nuclear power plants currently being evalu ed by the NRC As you are aware e NRC staff is considering the development of a more 'sk-informed, performance-bus regulation to replace the existing deterministic and prescrip ' e requirements specified 10 CFR 50.48 and Appendix R to 10 CFR Part 50.

Early last year, as part of its strat icassess nt and rebaselining efforts, the Commission directed the NRC staff to increase it attent on interaction with industry and professional societies to develop new codes and st rds to support efficient, effective, and consistent performance of industry activities impo to safety. The NRC would then endorse these codes, standards, and guides, consi ent w Public Law 104-113 (see staff requirements memorandum, Direction-Setting is e 13-The le of Industry, March 7,1997, a copy of which is enclosed). NRC fire protection gineering staff members of the National Fire Protection Association Technical Commi e on Nuclear Facilitt referred to by Mr. Holmes and are participating in all committe - ctivities related to fire pr ction for nuclear power plants.

On September 11,1997 the Commission directed the staff t develop a schedule for possibly expedited rulemaking.and to obtain industry feedback on Intere in a new rule. The Commission also directed the staff to brief the Commission on all findings, obs ations, and conclusions related to the rulerfiaking effort, including industry interaction and co ments and other relevant information.

' py of this directive is enclosed. The views presente py Mr. Holmes will be included in t Commission briefing tentatively scheduled for March 190 Following the briefing, the Commis ion will direct the staff on the course of action conceming the tre protection rulemakird to be pursued.

Ihop he fire protection ruipm,e this letter answers any questions you or your constituent have regardinaking additional information.

/

Sincerely, L. Joseph Callan Executive Director for Operations

Enclosures:

As stated Distribution: On next page DOCUMENT NAME: A:LIEBERMA.WPD *SEE PREVIOUS CONCURRENCE SPLB:DSSA g SPLB:DSSA, SPLB:DSSA Tech Editor s

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EDO Principal Correspondence Control FROM:

DUE: 02/09/98 EDO CONTROL: G980038 DOC DT 01/16/98 FINAL REPLY:

Scnstor Joseph I. Lieberman tot-Chairman Jackson FOR SIGNATURE OF :

    • GRN CRC NO: 98-0057 Callan, EDO DESC ROUTING:

NUCLEAR FIRE PROTECTION REGULATIONS (Wayne D. Holmes)

Callan i

Thadani Thompson Norry Blaha DATEt 01/26/98 Burns Knapp, RES

' ASSIGNED TO:

CONTACT:

Paperiello,NMSS Halman, ADM Cyr, OGC NRR Collins SPECIAL INSTRUCTIONS OR REMARKS:

N_

NRR ACTION: OSSA:lblolun ACT

~~ ION NRR RECEIVED: January 27,1998 ECTOR'S OFFICE f NRR ROUTING: CollinsMiraglia Zimnenmn B Y _ j g (/ C3 _

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NRR bbilman

.i OFFICE OF THE SECRETARY CORRESPONDENCE CONTROL TICKET i

-. PAPER NUMBER:

CRC-98-0057 LOGGING DATE: Jan 23 98 ACTION OFFICE:

EDO AUTHOR:

JOSEPH LIEBERMAN AFFILIATION:

U.S.

SENATE ADDRESSEE:

CRAIRMAN JACKSON LETTER DATE:

Jan 16 98 FILE CODE: ID;R 6 FIRE PROT.

SUBJECT:

NUCLEAR FIRE PROTECTION REGULATIONS ACTION:

Signature of EDO DISTRIBUTION:

CHAIRMAN, COMRS.

SPECIAL HANDLING: OCA TO ACK CONSTITUENT:

WAYNE HOLMES NOTES:

DATE DUE:

Feb 98 SIGNATURE:

DATE SIGNED:

AFFILIATION:

EDO -- G980038

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