ML20211P568
| ML20211P568 | |
| Person / Time | |
|---|---|
| Issue date: | 08/20/1999 |
| From: | Bates A NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Colvin J NUCLEAR ENERGY INSTITUTE (FORMERLY NUCLEAR MGMT & |
| References | |
| FRN-60FR29784, RULE-PRM-50-61 NUDOCS 9909140036 | |
| Download: ML20211P568 (2) | |
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UNITED STATES
^ NUCLEAR REGULATORY COMMISSION
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WASHINGTON. D.C. 20555-0001 USHE e : August 20, 1999
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opricE oF THE - 99 SEP 10 P3 :59
'secnerAny gggg Mr.' Joseph Colvin -
PETITION RULE N OU
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ADJIl 1 President and CEO The Nucieer Energy inshtute 1778 i Street, NW, Suste 400 Weehington, D.C. 20008-3708
- y;7 Deer Mr. Colvin:
In a letter dated February 2,1995, to John C. Hoyle, then-Acting Secretary of the U.S. Nuclear Regulatory Commission (NRC), Wliliam H. Rasin, then-President of the Nuclear Energy Institute (NEI), submitted a Pehtion for Rulemaking (PRM-5061). In the petition, NEl requested that the NRC amend 10 CFR 50.48 and add an Appendix S to 10 CFR Part 50 providmg for an alternative to the current regulation in Appendix R to 10 CFR Part 50, " Fire Protection Program for Nuclear Power Facilities Operating Prior to January 1,1979.* In its petshon, NEl stated that the proposed rule would make the fire protection regulations less prescriptive and more performance onented and risk based.
in a letter dated December 11,1997, to L.' Joseph Callan, then-NRC Executive Director for Operations, Ralph Beedle, Senior Vice President and Chief Nuclear Officer, NEl, presented the results af an NEl survey of all chief nuclear officers of operating reactors conce ning fire protection rulemaking industry's position was that a new fire protection rule was neither desired nor considered necessary to ensure or improve safety. In his letter, Mr. Beedle er c t t+d that this i.p, z: ,W, on the part of the industry, a change of position from that previously communicated in the pebbon for rulemaking of February 2,1995.
- On March 28,1998, the NRC staff submitted SECY-98-058, " Development of a Risk-informed, Performance-Based Regulation for Fire Protection at Nuclear Power Plants," to the Commission.
In SECY-98-058, the staff recommended that the fire protection rulemaking be deferred and that the NRC, in cooperation with the National Fire Protection Association (NI PA) and the nuclear industry, hip a performance-based and risk-informed consensus standard for fire protection for nuclear power plants. The NRC staff proposed that if the standard was successfully developedJhe NRC could adopt it in a future rulemaking as an altemative method of meeting NRC fire protection requirements specified in 10 CFR 50.48 and Appendix R to 10 CFR Part 50. In a staff requirement memorandum dated June 30,1998, the Commission approved the NRC staff's proposal.
NEl restorated its approval and support for the development of the NFPA standard instead of the proposed Appendix S in a letter of May 5,1998, from Mr. Beedle to then-NRC Chairman Shirley Jackson. In that letter, Mr. Beedle stated: "The industry sees no safety benefit in' replacing 10 CFR 50.48 and Appendix R with a new fire protection rule....It is essential that the industry participate extensively in the development and review of any guidance to ensure that licensees [
and NRC staff have a common understanding....The NRC staff should continue'to support, as
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9909140036 990820 PDR PRM 50-61 PDR -
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Mr. Joseph.Colvin 2
. . >;, y industry does, the National Fire Protection Association process to develop
- NFPA 805....The fire protection rulemaking should be canceled rather than deferred."
As advocated by NEl, the NRC has been pursuing the development of a risk-informed and performance-based consensus standard for fire protection at nuclear power plants instead of a rule. If the consensus standard is successfully developed, the NRC may adopt it in a future rulemaking as an'altemate method of nmeting NRC fire protection requirements.
On thi basis of NEl's letters of December 11,1997, and May 5,1998, to the NRC, the NRC .
has concluded that NEl has, in e5ect, withdrawn its petition for rulemaking regatding nuclear power plant fire protection. Acco 4;,,iti, the NRC will publish a notice of withdrawal of the petition in the Fedleraf Regator. The withdrawal would be without prejudice to NEl's refiling of the petition in the future. ' if you disagree with this conclusion, please respond in writing within 14 days of the date of this letter. Questions on this matter may be directed to Daniele Oudinot, Office of Nuclear Reactor Regulation, at 301-415-3731, or e-mail at dho@nrc. gov.
Sincerely,
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Andrew L. Bates Acting Secretary of the Commission I
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