ML20210U428

Proposed Rule 10CFR50, Elimination of Requirement for Noncombustible Fire Barrier Penetration Seal Materials & Other Minor Changes. Rule Would Also Include Editorial Changes to Comply with Presidential Memo

ML20210U428
Person / Time
Issue date:	08/11/1999
From:	Vietticook A NRC OFFICE OF THE SECRETARY (SECY)
To:
References
FRN-64FR44860, RULE-PR-50 PR-990811, NUDOCS 9908200100
Download: ML20210U428 (21)

Text

J DOCKET NUMBERm 00 CME TIO i

PROPOSED RULETR So -

USEC Os4FRW$60) [7590-01-P]

W E 16 P4 :09 NUCLEAR REGULATORY COMMISSION Or. .

10 CFR Part 50 AC L .,-

RIN 3150-AG22 Elimination of the Requirement for Noncombustible Fire Barrier Penetration Seal Materials and Other Minor Changes AGENCY:. Nuclear Regulatory Commission.

ACTION: Proposed rule.

SUMMARY

The Nuclear Regulatory Commission (NRC) is proposing to amend its fire protection regulations to remove the requirement that fire barrier penetration seal materials be noncombustible, and to make other minor changes. The proposed rule would also include editorial changes to comply with the Presidential memorandum dated June 1,1998, entitled,

" Plain Language in Government Writin,g."

M /j / 9 f7 DATES: Submit comments by (;r,x;'. de6 7'; deye ef.or Wul,wi,w. de:e). Comments received after this date will be considered if it is practical to do so, but the Commission is able to assure consideration only for comments received on or before this date.

ADDRESSES: Mail comments to The Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC, 20555-0001. Attention: Rulemakings and Adjudications Staff, (

Mall Stop O-16C1. /

Deliver comments to One White Flint North,11555 Rockville Pike, Rockville, Maryland, 20852, between 7:30 a.m. and 4:15 p.m. on Federal workdays. L_q t fT 5D %

ggd8-Oc-b g g82p 100 990ggg 50 64FR44860 PDR / /

Mb. W 8ll8/99

r" O

s-Copies of comments receiv.ed may be examined at' NRC Public Document Room,2120 L Street, NW. (Lower Level), Washington, DC.

You may also submit comments via the NRC's interactive rulemaking Web site through the NRC home page <http://ruteforum.llnl.aov>. This site provides the availability to upload-comments as files (any format), if your Web browser supports that function. For information about the interactive rulemaking site, contact Ms. Carol Gallagher at 301-415-5905; or by e-mail at CAG@nrc. gov. Comments received may also be viewed and downloaded electronically at this Web site.

Single copies of NUREG-1552," Fire Barrier Penetration Seals in Nuclear Power Plants,"

and NUREG-1552, Supp.1, which are related to this rulemaking, may be obtained by writing to U.S. Nuclear Regulatory Commission, Reproduction and Distribution Services Section, OClO, Washington, DC 20555-0001; or by fax at 301-415-5272.

FOR FURTHER INFORMATION CONTACT: Daniele Oudinot, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone 301-415-3731; e-mail DHO@nic. gov i

SUPPLEMENTARY INFORMATION

1. Backgrcund:

The NRC conducted a technical assessment of fire barrier penetration seals. The NRC documented the results of its assessment in SECY-96-146," Technical Assessment of Fire Barrier Penetration Seals in Nuclear Power Plants," July 1,1996; in NUREG-1552, " Fire Barrier Penetration Seals in Nuclear Power Plants," July 1996; and in NUREG 1552, Supplement 1, January 1999. In these reports, the NRC stated that, on the basis of its findings, the noncombustibility criterion for penetration seal materials that is specified in the NRC fire 2

"., )

t protection regulation and review guidance does not contribute significantly to safety, and, recommended that this noncombustibility criterion be deleted. )

II. Proposed Action The NRC is proposing to amend the regulations governing fire protection in 650.48, and Appendix R to Part 50 of Title 10 of the Code of FederalRegulations (Appendix R). The ]

proposed amendments would remove the words "shall utilize only noncombustible materials and" in 10 CFR Part 50, Appendix R, Section Ill.M, " Fire Barrier Cable Penetration Seal Qualification;" remove footnote 3 from 50.48(a); remove footnote 4 from 950.48(b); remove

$$50.48(c), (d), and (e); correct a spelling error in footnote 2 of Appendix R, Section Ill.G., " fire protection of safe shutdown capability;" and make editorial changes.

Ill. Discussion ,

1. Fire Barrier Penetration Seals Appendix R, Section Ill.M currently states: " Penetration seal designs shall utilize only noncombustible materials and shall be qualified by tests that are comparable to tests used to rate fire barriers." The NRC is proposing to amend Appendix R, Section Ill.M, by removing the words "shall utilize only noncombustible materials and..."

The technical basis for removing the noncombustibility requirement for fire barrier penetration seal materials is documented in NUREG-1552 and NUREG-1552, Supplement 1. A summary of the technical basis for this action follows. j l

NRC requirements and guidelines for penetration . seals appear in a number of documents.

In 1971, the NRC promulgated General Design Criterion (GDC) 3, " Fire protection," and 3

i

subsequently developed specific guidance for implementing GDC 3; Branch Technical Ppsition

- (BTP) Auxiliary Power Conversion Systems Branch (APCSB)' 9.5-1," Guidelines for Fire

- Protection for Nuclear Power Plants," May 1,1976; and Appendix A to BTP APCSB 9.5-1,

" Guidelines for Fire Protection for Nuclear Power Plants Docketed Prior to July 1,1976,"

February 24,1977.' Most licensees complied with most of the implementing guidance. To resolve the contested issues, the NRC published the final fire protection rule ($50.48) and -

Appendix R to 10 CFR Part 50 on November 10,1980 (45 FR 76602). It is important to note that Appendix R is not a set of generically applicable fire protection requirements and applies only to plants that were operat'ing before January 1,1979.

The record for Appendix R does not disclose technical basis for including the noncombustibility criterion in Appendix R. The noncombustibility criterion is not included in BTP APCSB 9.5-1, Appendix A to BTP APCSB 9.5-1, or in the industry fire endurance test standards. Also, $50.48 does not address the use of combustible materia!s. Although GDC 3 states that noncombustible and heat-resistant materials must be used wherever practical, GDC 3 does not preclude the use of combustible materials. In fact, combustible materials are installe'd in nuclear power plants. In general, when these materials are incorporated as integral components of the plant fire protection program, including the fire hazard analysis, they are acceptable.

~ Fire barrier penetration seals are one element of the defense-in-depth concept at nuclear power plants. The objectives of the defense-in-depth concept are to:

(1) Prevent fires from starting; (2) Promptly detect, control, and extinguish those fires that do occur; and 4

J

o

.'(3) Protect structures, systems, and components important to safety so that a fire that is not extinguished promptly will not prevent the safe shutdown of the plant.

To achieve defense in depth, each operating reactor maintains an NRC-approved fire protection program. Nuclear power plants are divided into separate areas by structural fire barriers, such as walls and floor-ceiling assemblies whose fire-resistance rating, typically 1,2, or 3 hours3.472222e-5 days <br />8.333333e-4 hours <br />4.960317e-6 weeks <br />1.1415e-6 months <br />, is determined by testing. The function of these structural barriers is to prevent a fire that starts in one area from spreading to another area. Penetration seals are used to close

. openings through the structural fire barriers. The intended design function of the penetration seal is to confine a fire to the area in which it started and to protect important equipment within an area from a fire outside the area. As for other fire barriers, the fire-resistance rating of the penetration seals is determined by testing.

The ability of a particular penetration seal to achieve its intended design function (i.e., to contain a fire), as determined by a fire endurance test conducted in accordance with an industry

. standard, is the foreniost design consideration. In the report documenting the results of the fire barrier penetration seal reassessment, the NRC concluded the following:

(1) There are no reports of fires that challenged the ability of nuclear power plant fire-rated penetration seals to confine a fire.

(2) A large body of fire endurance tests had established the fire-resistive capabilities of

~

the penetration seal materials, designs, and configurations installed in nuclear power plants.

(3) If penetration seals are properly designed, tested, configured, installed, inspected, and maintained, there is reasonable assurance that they will provide the fire 5

u.

s - m t s

+ resistance of the tested configuration, maintain the fire-resistive integrity of the fire beiders in which they are installed, and confine the fire to the area of origin.

The NRC evaluated silicone-based penetration seal materials that are combustible and are the most widely used materials for penetration seals throughout the commercial nuclear power industry. In presenting the results of its evaluation in NUREG-1552 and in NUREG-1552, Supplement 1, the NRC concluded the following: .

(1) Properly tested, configured, installed, and maintained silicone-based penetration seals are not credible fire hazards.

(2) Despite the fact that a silicone-based penetration seal could contribute some fuel to

. a fire, its relative contribution to overall fire severity would be negligible.

(3) Qualified silicone-based fire barrier penetration seals can accomplish their intended design function; and -

(4) The benefits of the silicone-based penetration seal materials outweigh any potential concems regarding material combustibility.

2. Footnotes 3 and 4 in 650.48 Footnote 3 in $5d.48(a) states that basic fire protection guidance for nuclear power plants is contained in two NRC documents: Branch Technical Position (BTP) Auxiliary Power Conversion System Branch (APCSB) 9.5-1, " Guidelines for Fire Protection for Nuclear Power Plants" (for new plants docketed after July 1,1976), dated May 1976, and Appendix A to BTP APCSB 9,5-1, " Guidelines for Fire Protection for Nuclear Power Plants Docketed Prior to July 1,1976" (for plants that were operating or in various stages of design or construction before July 1,1976),' dated August 23,1976. Footnote 3 also refers to footnote 4 in $50.48(b),

that lists four additional documents related to permissible alternatives to satisfy Appendix A to 6

.* l ,

BTP APCSB 9.5-1. The six documents that are referred to in footnotes 3 and 4 no longer reflect accurately the guidance documents published by the NRC.

Footnotes 3 and 4 were not intended to be rulemaking requirements but rather statements

- of fact. The footnoter reflected the Commission's approval of the NRC staff's practice, as reflected in Branch Technical Position (BTP) APCSB 9.5-1 and in its Appendix A, that the date i of the docketing of the construction permit would determine the NRC staff's review criteria for verifying compliance with General Design Criterion (GDC) 3, and that compliance with the guidance of BTP APCSB 9.5-1 or its Appendix A and the other listed guidance documents -

would establish compliance with GDC 3. The NRC has completed its review of the fire protection programs at all operating reactors and has issued license conditions that establish the licensing bases for each reactor. The licensing bases may include the documents listed in footnotes 3 and 4 but typically include a number of other guidance documents that the NRC issued after it promulgated $50.48. In addition, the licensees included the fire protection licensing basis for each reactor in the Updated Final Safety Analysis Report for the facility.

Footriotes 3 and 4 have served their purpose and are not needed by the NRC or the licensees to maintain the fire protection licensing bases for the reactors.

The prapanad rule change would not affect or change the licensing basis for any plant.

However, it would make 10 CFR 50.48 consistent with other reactor regulations that do not identify guidance documents. It would also eliminate the need to update the footnotes to include the large number of guidance documents that the NRC has issued since it promulgated

$50.48 and to conduct future rulemakings to add new guidance documents as they are issued.

The proposed change would also resolve an inconsistency between the information in footnote 3 to $50.48 and the regulatory requirements of $50.34(g)(1)(ii). Specifically ,

650.34(g)(1)(ii) states, in part, that " Applications for light water cooled nuclear power plant construction permits, manufacturing licenses, and preliminary or final design approvals for 7

. 1

. )

standard plants docketed after May 17,1982, shall include an evaluation of the facility against the SRP...," whereas, footnote 3 indicates that the fire protection portions of these applications would be reviewed against BTP APCSB 9.5-1.

3. Imalamentatian Reauirements in 650.48(c). (d). and (e)

Paragraphs (c) and (d) of $50.48 currently list schedule requirements that were added to the Code of Federa/ Regulations when Appendix R became effective on February 17,1981. These requirements apply to nuclear power plants licensed before January 1,1979, and involve fire protection installation modifications, revisions of administrative controls, manpower changes, and training. These requirements were to be completed on a l

schedule determined by the provisions specified in $50.48(c) and (d). All schedular requirements of $50.48(c) and (d) have been implemented and need not be retained.

Paragraph (e) of $50.48 currently specifies that nuclear power plants licensed after January 1,1979, s' hall complete all fire protection modifications needed to satisfy GDC 3 of Appendix A to 10 CFR Part 50 in accordance with the provisions of their licenses. License conditxms pertaining to fire protection have been implemented at all plants. Therefore, 550.48(e) has been implemented and need not be retained.

- 4. GrammaticalCorrection Footnote 2 to Section Ill.G.3 of Appendix R currently reads, " Alternative shutdown capability is provided by rerouting, relocating, or modificating of existing systems; dedicated shutdown

~

. capability is provided by installing new structures and systems for the function of post-fire shutdown." This amendment would replace the words "modificating of" with " modifying."

IV. Plain Language The Presidential memorandum dated June 1,1998, entitled, " Plain Language in Govemment Writing," directed that the Federal Govemment's writing be in plain language 8

l

. \

I e

'(63 FR 31883, June 10,1998). In compliance with this directive, editorial changes have been made in these proposed amendments to improve the readability of the existing language of the provisions being revised. These types of changes are not discussed further in this document.

The NRC requests comments on this proposed rule specifically with respect to the clarity and effectiveness of the language used in this notice. Comments on the language used should be sent to the NRC as indicated under the ADDRESSES heading.

I V. Finding of No Significant Environmentalimpact:

Environmental Assessment The NRC has determined, in accordance with the National Environmental Policy Act of 1969, as amended, and the Commission's regulations in Subpart A of 10 CFR Part 51, that the proposed amendments, if adopted, would not be a major Federal action significantly affecting the quality of the human environment; therefore, an environmental impact statement is not required.

~ *

1. The Proposed Action The NRC is proposing to amend its regulations that require fire barrier penetration seal materials to be noncombustible and to make minor changes to $50.48 and to Appendix R.

These minor changes are to remove footnote 3 from 650.48(a) and footnote 4 from 50.48(b);

remove paragraphs (c), (d), and (e) from &50.48; correct a grammatical error in footnote 2 to Section Ill.G.3 of Appendix R; and make editorial changes.

9

,1 I l

2. Need for the Rulemaking Action . ,

ThE technical basis for removing the noncombustibility requirement for fire ba.rrier penotration seal materials is documented in NUREG 1552, " Fire Barrier Penetration Seals in Nuclear Power Plants," July 1996; and in NUREG-1552, Supplement 1, January 1999. In these reports, the NRC staff stated that the noncombustibility criterion for penetration seal materials )

'specified in the NRC fire protection regulations and review guidance does not contribute significantly to safety and recommended that this noncombustibility criterion be deleted. In a staff requirements memorandum dated June 30,1998, the Commission directed the NRC staff to amend Section Ill.M of Appendix R to Part 50 of Title 10 of the Code of FederalRegulations (Appendix R) to eliminate th'e noncombustibility requirement for penetration seal material and to make other minor changes to the fire protection regulatioris. These minor changes include the deletion of references that no longer reflect accurately the guidance documents published by the NRC in footnotes 3 and 4 of 6 50.48, the deletion of schedular requirements that have been implemented in 5 50.48(c) and (d), and a grammatical correction in footnote 2 to Section Ill.G.3 of Appendix R. The NRC is also taking advantage of this rulemaking to make editorial changes to comply with the Presidential memorandum dated June 1,1998, entitled," Plain Language in Govemment Writing." The proposed change would remove a reiquirement that does not .

contribute significantly to safety. It constitutes a burden reduction for the NRC and for the licensees.

3. "No Regulatory Action" Altemative No regulatory action would continue the regulatory burden on licensees and on the NRC.

Silicone-based material is curren'ly the material of choice for fire barrier penetration seals and is combustible. The NRC has performed an assessment of silicone-based penetration seal materials and concluded that the benefits of the silicone-based materials in penetration seals, 10

~

. such as high-temperature stability, flexibility, and resistance to the effects of radiation exposure and aging, outweigh any potential concems regarding material combustibility. In the past, licensees using silicone-based penetration seal materials have requested and been granted exemptions from the requirement of Section Ill.M of Appendix R to Part 50, regarding the use of noncombustible materials, provided the seals are qualified by fire endurance tests conducted in accordance with an industry standard. Under the current rule, licensees who choose penetration seals made of silicone-basN materials for the replacement of existing seals o' r the installation of new seals must request exemptions from the requirement of Section Ill.M of Appendix R to the extent that the silicone-based material is combustible. These requests for exemption would increase the regulatory burden on both the NRC and on the licensees, and would present no safety benefit.' No regulatory action regarding the removal of footnote 3 in

$50.48(a), footnote 4 in $50.48 (b), and $$50.48 (c), (d), and (e) would have a negative regulatory impact for the following reasons. Footnotes 3 and 4 in $50.48 are inaccurate and incomplete.' In addition, the information in footnote 3 is inconsistent with the regulatory requirements contained in 650.34(g)(1)(ii). The requirements in $$50.48 (c), (d), and (e) have been implemented and need not be retained. No regulatory action regarding the correction of a grammatical error in footnote 2 to Section Ill.G.3 of Appendix R to Part 50, which is

- administrative in nature, would not have any regulatory impact.

4. EnvironmentalImpacts of the Proposed Amendment and the Attemative The environmental impacts of the proposed amendment, as well as the altemative, are considered negligible by the NRC. The NRC has determined that the ability of a particular

~

penetration seal to achieve its intended design function (i.e., to contain a fire), as determined by a fire endurance test conducted in accordance with an industry standard, is the foremost design consideration. The proposed amendment would not impact the ability to shut down the plant 11

e P

~

safely in the event of a fire and would provide a level of safety equivalent to that attained by.

compliance with Section Ill.M of Appendix R to 10 CFR Part 50. There is no environmental impact associated with the other changes which are administrative in nature. On this basis, the NRC concludes that there are no radiological environmental impacts associated with this proposed amendment. 'If no reg'ulatory action were taken in regard to the requirement of Section Ill.M of Appendix R there would be no radiological environmental impact, the same as the proposed action. No regulatory action regarding the changes in ~

$50.48 (and the correction of an error in footnote 2 to Section Ill.G.3 of Appendix R. which is administrative in nature) would have no radiological impact on the environment.

With regard to potential nonradiological impacts, the proposed amendment does not affect nonradiological plant effluents and has no other environmental impact. Therefore, the NRC concludes that there are no significant nonradiological environmental impacts associated with the' proposed amendment.

- 5. List of Agencies and Persons Consulted I

Much of the technical information required for this rulemaking was obtained directly from {

technical experts within the NRC. No other agencies were consulted in preparing this l

environmental assessment. l I

VI. Paperwork Reduction Act Statement.

.This proposed rule does not contain a new or amended information collection requirement subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Existing requirements were approved by the Office of Management and Budget, approval number 3150-0011.

12

s Public Protection Notification if a means used to impose an information collection does not display a currently valid OMB control number, the NRC may not conduct or sponsor, and a person is not required to respond to, the information collection. -

Vll. Regulatory Analysis The NRC has prepared the following regulatory analysis for the proposed rule.

1. Statement of the Problem The NRC is proposing to amend its regulations regarding the requirement for fire barrier penetration seal materials to be noncombustible and is also proposing to make minor changes to 650.48 and to Appendix R to 10 CFR Part 50. The proposed changes would remove footnote 3 from 650.48(a) and footnote 4 from 650.48(b); remove paragraphs (c), (d), and (e) from 650.48; correct a grammatical error in footnote 2 to Section ill.G.J of Appendix R; and l make editorial changes to comply with the Presidential memorandum dated June 1,1998, entitled," Plain Language in Government Writing." J l

I l

2. Objectives of the Rulemaking The main objective of the proposed rule is to remove the requirement of Section Ill.M of Appendix R to 10 CFR Part 50 that fire barrier penetration seat materials be noncombustible. In addition, this rule would remove certain parts of $50.48, correct a grammatical error in Appendix R, and make editorial changes.

13

\

3. Alternative '

The attemative of no regulatory action would continue the unnecessary regulatory burden on licensees and on the NRC.

4. Consequences -

Removing the requirement that fire barrier penetration seal materials be noncombustible

- from Section Ill.M of Appendix R to Part 50 would lessen the unnecessary regulatory burden on licensees and on the NRC staff. It would allow licensees to use combustible materials in -

penetration seals without requesting an exemption from the requirement in Section Ill.M of Appendix R regarding the noncombustibility of penetration seal materials, provided the seals are qualified by fire endurance tests comparable to those used to rate fire barriers and conducted in accordance with an industry standard. The other minor changes are administrative and would not affect the regulatory burden on licensees.

5. Value Irppact Analysis -

The value (benefit) and impact (cost) of the proposed changas are estimated below.

Section ill.M of Appendix R to 10 CFR Part 50 applies to the plar ts that were operating before January 1,1979, and had open items when Appendix R was published. As detailed in

- NUREG-1552, Supplement 1, Section Ill.M of Appendix R applies to 5 operating reactors. In order to estimate the benefit of the proposed change, the NRC assumed that the licensees for these plants may replace some of their penetration seals with penetration seals made of

- silicone-based combustible material and that these licensees request an exemption from the technical requirements of Secten Ill.M of Appendix R. Labor cost is $145/hr for a power reactor licensee and $75/hr for NRC. The change to Section Ill.M of Appendix R would save licensees the cost of preparing an exemption request and would save the NRC the cost of 14 1

4 _

h' 9.

. preparing a safety evaluation and processing'the requsst. Assuming a cost saving of approximately $7500 for licensees and aporoximately $2500 for NRC for each exemption request, the total cost saving from the change to Section Ill.M would be approximately $50,000.

There would be no benefit or cost associated with the other proposed changes. -

6. Decision Rationale The NRC reviewed the requirement of Section Ill.M of Appendix R during its reassessment of fire barrier penetration seals and determined that this requirement does not contribute significantly to aafety. The removal of the requirement of Section lil.M w6uld reduce the regulatory burden on the licensee wdhout reducing safety. In addition, the proposed rule would

~

make the following minor changes: remove footnote 3 from $50.48(a) and footnote 4 from

- $50.48(b); remove paragraphs (c), (d), and (e) from $50.48; correct an error in footnote 2 to Section Ill.G.3 of Appendix R; and make editorial changes to comply with the Presidential memorandum dated June 1,1998, antitled, " Plain Language in Govemment Writing." The

. other changes as discussed above would not change the regulatory burden on the licensees and do not affect safety.

i Vill. Regulatory Flexibility Act Certification As required by the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the Commission certifies that this proposed rule if adopted would not have a significant impact on a substantial number of small entities. Nuclear power plant licensees do not fall within the definition of small businesses as defined in Section 3 of the Small Business Act (15 U.S.C. 632) or the Commission's size standards at 10 CFR 2.810 (60 FR 18344; April 11,1995). l

-15 s

F IX. Backfit Analysis n The NRC has determined that these amendments do not involve any provisions that would impose backfits because it does not meet the definition of backfit contained in 950.109(a)(1) for the following reasons. The removal of the requirement that fire barrier penetration seals be noncombustible is a permissive relaxation of an existing requirement and does not constitute imposition of a new requirement. The removal of footnotes 3 and 4 from $50.48 does not affect the licensing basis for existing plants ldoes not constitute a change in design requirements for existing plants, and is not applicable to future plants. The schedular requirements contained in paragraphs (c) and (d) of $50.48 apply to plants licensed before February 17,1981, and have been implemented at these plants. The requirements contained in paragraph (e) of $50.48

~

apply to existing plants and have been implemented at all applicable plants. Therefore, the removal of paragraphs (c), (d), and (e) from 950.48 does not affect the licensing basis and does not constitute a change in design or optional requirements for these plants. The correction of a grammatical error in footnote 2 to Section Ill.G.3 of Appendix R and the changes in the language of $50.48 in accordartce with the Executive Order on Plain English are administrative changes that do'not change any requirement and need not be considered in this backfit determination.' For the reasons stated above, a backfit analysis need not be prepared.

X. List of Subjects in 10 CFR Part 50 Antitrust, Classified information, Criminal penalties, Fire protection, Intergovemmental relations, Nuclear power plants and reactors, Radiation protection, Reactor siting criteria, Reporting and recordkeeping requirements. .

i l

16

_-______O

c XI.~ Voluntary Consensus Standards

• The National Technology Transfer Act of 1995, Pub. L104-113, requires that Federal agencies use technical standards that are developed or adopted by voluntary consensus standards bodies unless the use of such a standard is inconsistent with applicable law or othenese impractical. The NRC proposes to delete the Govemment-unique standard in 10 CFR Part 50, Appendix R, Secten Ill. M, which requires that fire barrier penetration seals utilize only noncombustible materials. The NRC is not aware that deletion of this requirement is inconsistent with any voluntary consensus standard. The NRC will consider using a voluntary-consensus standard if an appropriate standard is identified. If a voluntary consensus standard ,

is identified for consideration, the submittal should explain how the voluntary consensus 4

standard supports retention of the Govemment-unique standard or is otherwise inconsistent with deletion of the requirement and why the voluntary consensus standard should be used in lieu of implementing the action to delete the identified Govemment-unique standard.

~ For the reasons given in the preamble and under the authority for the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 553, the NRC,is proposing to adopt the following amendments to 10 CFR Part 50.

Part 50 - DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES

1. The authority citation for Part 50 continues to read as follows:

AUTHORITY: Secs. 102,103,104,105,161,182,183,*186,189,68 Stat. 936,937,938, 948, 953, 954, 955, 956, as amended, sec. 234, 83 Stat. 444, as amended, (42 U.S.C. 2132, 2133, 2134, 2135, 2201,' 2232, 2E33, 2236, 2239, 2282); secs. 201, as amended, 202, 206, 88 Stat.1242, as amended, 1244,1246 (42 U.S.C. 5841,5842,5846).

i 17 L

.Section 50.7 also issued under Pub. L 95-601, sec.10, 92 Stat. 2951 (42 U.S.C. 5851).

Section 50.10 also issued under secs.101,185, 68 Stat. 955 as amended (42 U.S.C. 2131, 2235), sec.102, Pub. L.91-190,83 Stat. 853 (42 U.S.C. 4332). Sections 50.13,50.54(dd), and

- 50.103 also issued under sec.108,68 Stat. 939, as amended (42 U.S.C.2138). Section 50.23,

- 50.35,50.55, and 50.56 also issued under sec.185, 68 Stat. 955 (42 U.S.C. 2235).~ Sections 50.33a,50.55a,' and Appendix Q also issued under sec.102, Pub. L.91-190,83 Stat. 853 (42 U.S.Q.~4332). Sections 50.34 and 50.54 also issued under sec. 204,88 Stat.1245 (42 U.S.Q.

5844). Sectons 50.58, 50.91, and 50.92 also issued under' Pub. L.97-415, 96 Stat. 2073 (42 U.S.Q. 2239). Secton 50.78 also issued under sec.122,68 Stat. 939 (42 U.S.Q. 2152).

Sectons 50.80-50.81 also issued under sec.184, 68 Stat. 954, as amended (42 U.S.Q. 2234). I Appendix F also issued under sec.187, 68 Stat. 954 (42 U.S.Q. 2237).

2. In Section 50.48, paragraphs (a), (b), and (f) are revised to read as follows:

650.48 Fire Protection.

^ (a)(1) Each operating nuclear power plant must have a fire protection plan that satisfies Criterion 3 of appendix A to this part. This fire protection plan must:

(i) Describe the overall fire' protection program for the facility; (ii) Identify the various positions within the licensee's organization that are responsible for the program;

- (iii) State the authorities that are delegated to each of these positions to implement those responsibilities; and -

(iv) Outline the plans for fire protection, fire detection and suppression capability, and limitation of fire' damage.

- (2) - The plan must also describe specific features necessary to implement the program described in paragraph (a) (1) of this section such as --

18

l o- ,

(i) Administrative controls and personnel requirements for fire prevention and manual fire suppression activities; l

)

(ii) Automatic and manually operated fire detection and suppression systems; and (iii) The means to limit fire damage to structures, systems, or components important to safety so that the capability to shut down the plant safely is ensured.

(3) The licensee shall retain the fire protection plan and each change to the plan as a record until the Commission terminates the reactor license. The licensee shall retain each superseded revision of the procedures for 3 years from the date it was superseded.

~ (b) Appendix R to this part establishes fire protection features required to satisfy Criterion .5 of appendix A to this part with respect to certain generic issues for nuclear power plants licensed to operate before January 1,1979.

. (1) Except for the requirements of Sections Ill.G, Ill.J, and 111.0, tiie provisions of appendix {

R to this part do not apply to nuclear power plants licensed to operate before January 1,1979, to the extent that --

(i) F're i protection features proposed or implemented by the licensee have been accepted by the NRC staff as satisfying the provisions of appendix A to Branch Technical Position (BTP)

APCSB 9.5-1 reflected in NRC fire protection safety evaluation reports issued before the effective date of February 19,1981; or (ii) Fire protection features were accepted by the NRC staff in comprehensive fire protection safety evaluation reports issued before appendix A to Branch Technical Position (BTP) APCSB 9.5-1 was published in August 1976.

(2) With respect to all other fire protection features covered by appendix R, all nuclear power plants licensed to operate before January 1,1979, must satisfy the applicable requirements of appendix R to this part, including specifically the requirements of Sections Ill.G, Ill.J, and 111.0.

19

l o

y . .. . .. .

(f) Licensees that have submitted the certifications required under $50.82(a)(1) shall maintain a fire protection program to address the potential for fires that could cause the release or spread of radioactive materials (i.e., that could result in a radiological hazard).

(1) The objectives of the fire protection program are to -

(i) Reasonably prevent such fires from occurring;

- (ii) Rapidly detect, control, and extinguish those fires that do occur and that could result i 1 a radiological hazard; and (iii) Ensure that the risk of fire-induced radiological hazards to the public, environment and

. plant personnelis minimized.

(2) The licensee shall assess the fire protection program on a regular basis. The licensee shall revise the plan as appropriate throughout the various stages of facility decommissioning.

(3) The licensee may make changes to the fire protection program without NRC approval if these changes do not reduce the effectiveness of fire protection for facilities, systems, and

- equipment that could result in a radiological hazard, taking into account the decommissioning plant conditions and activities.

3. In Appendix R, footnote 2 to Section Ill.G.3 and Section Ill.M are revised to read as follows:

APPENDlX R TO PART 50 - FIRE PROTECTION PROGRAM FOR NUCLEAR POWER FACILITIES OPERATING BEFORE JANUARY 1,1979 Ill. SPECIFIC REQUIREMENTS. * *

• G.** .

20

4 l

3. Altemative of dedicated shutdown capability and its associated circuits", independent of cables, systems or components in the area, room, zone under consideration should be  ;

I provided: * *

• 8Altemative shutdown capability is provided by rerouting, relocating, or modifying existing ,

k systems; dedicated shutdown capability is provided by installing new structures and systems for  !

the function of post-fire shutdown.

M. Fire barrier cable penetration sealqualification. Penetration seal designs must be qualified by tests that are comparable to tests used to rate fire barriers. The acceptance criteria for the test must include the following:

1. The cable fire barrier penetration seal has withstood the fire endurance test without passage of flame or ignition of cables on the unarposed side for a period of time equivalent to the fire resistance rating required of the barrier;

2. The temperature levels recorded for the unexposed side are analyzed and demonstrate that the maximum temperature is sufficiently below ine cable insulativ.i ignition temperature; and

3. The fire barrier penetration seal remains intact and does not allow projection of water beyond the unexposed surface during the hose stre'am test.

Dated at Rockville. Maryland, this llo day of August,1999.

For the Nuclear Regulatory Commission.

l 9

l  :> ~

w~

Annette Vietti-Coo'k, Secretary of the Commission.

I 21 L