ML20236Y305
| ML20236Y305 | |
| Person / Time | |
|---|---|
| Issue date: | 07/31/1998 |
| From: | Collins S NRC (Affiliation Not Assigned) |
| To: | Keiser H Public Service Enterprise Group |
| References | |
| NUDOCS 9808120083 | |
| Download: ML20236Y305 (7) | |
Text
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UNITE 3 STATES g
j NUCLEAR REGULATORY COMMISSION 7
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WASHINGTON, D.C. 20066-0001 l
l July 31, 1998 Mr. Harold W'. Keiser Chief Nuclear Officer & President Nuclear Business Unit Public Service Electric and Gas Company P.O. Box 236 Hancocks Bridg, NJ 08038
Dear Mr. Keiser:
I am responding to your letter of July 13,1998, regarding the development of a new risk-informed and performance-based fire protection rule. In your letter, you stated that risk information can effectively be used in the exemption and deviation process, that a new rule for fire protection has the potential for creating an unstable regulatory environment, and that a new rule would require extensive plant resources to rebaseline plant programs to the new regulation.
In a staff requirements memorandum (SRM) dated September 11,1997, the Commission directed the staff to brief the Commission on industry feedback regarding the proposed rulemaking. During a public meeting on November 5,1997, representatives of the Nuclear Energy Institute (NEI) presented the prelimi tary results of a survey of all Chief Nuclear Officers of operating reactors regarding the proposed rulemaking. Representatives of NEl also presented these preliminary results at a meeting of the Advisory Committee on Reactor Safeguards on November 7,1997, and formally provided the results of this survey to the NRC Executive Director for Operations in a letter dated December 11,1997.
In SECY-98-058," Development of a Risk-Informed, Performance-Based Regulation for Fire Protection at Nuclear Power Plants," the staff provided the results of N21's industry survey to the Commission and, on the basis of feedback received, proposed three options for fire protection rulemaking for consideration by the Commission. These options incorporated the industry position, wh;ch was reiterated in a letter dated May 5,1998, from Ralph Beedle of NEl.
j Specifically, SECY-98-058 stated the' the industry opposed any rulemaking and that if the rulemaking proceeded, industry preferred an approach that retains the option of continued compliance with existing regulations, including approved exemptions. SECY-98-058 further stated that new or revised guidance would be provided in those areas in which the public, the
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staff, and the industry determine that clarification is needed, and that the staff would work with i
the National nre Protection Association (NFPA) and the industry to develop a performance-based, risk-informed consensus standard for fire protection for nuclear power plants.
)(O' The Commission, in voting on the subject, directed the staff to continue to work with the industry toward the development of a risk-informed, performance-based, consensus standard for fire protection which could be endorsed by the NRC. In doing so, the Commission anticipated endorsement of the consensus standard through a rulemaking, which would provide a voluntary alternative to existing regulations. Additionally, the Commission directed the staff to continue its l
current effort to develop comprehensive regulatory guidance for existing 9re protection requirements.
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Mr. H;rold W. Keiser 2
Then fore, the Commission is fully aware of the industry's position on the fire protection ruler aking. Your July 13 letter further reinforces the industry's position. The staff has worked i
in cc operation with the public and industry in its proposed fire protection activities and is committed to continuing this cooperation in the future.
l I appreciate your willingness to share your concerns with the Commission.
Sincerely, a$u Office of Nuclear Reactor Regulation
Enclosure:
As stated 1
i
e Mr. Hrrold W. Keis:r 2
Therefore, the Commission is fully aware of the industry's position on the fire protection rulemaking. Your July 13 letter further reinforces the industry's position. The staff has worked in cooperation with the public and industry in its proposed fire protection activities and is committed to continuing this cooperation in the future.
I appreciate your willingness to share your concerns with the Commission.
Sincerely, Samuel J. Collins, Director Office of Nuclear Reactor Regulation
Enclosure:
As stated Revised for Collins' signature per SECY 8/5/98. Chm /Comm. review not necessary since this letter is patterned after the Beedle letter (G980314) which Comm. has already reviewed.
DIS'i ilBUITON:
Public rCentralfile A SPLB R/F TJCarter (G980450)
LMarsh GHolahan SNewberry BSheron SWest PMadden EConnell DOudinot LWhitney JHolmes CBajwa PQualls MSalley SPLB Ticket File PMagnanelli (G980450)
SECY OGC EDO R/F OCA OPA CFO CIO JCallan AThadani HThompson PNorry JBlaha SBurns MKnapp FMiraglia
- SCollins, BBoger BTravers JRoe RZimmerman Chairman Jackson Commissioner Dieus Commissioner Diaz Commissioner McGafiigan DOCUMENT NAME: A:\\KEISER.WPD
- see previous concurrence To rec :ive a copy of this document. indicate in the box C= Copy w/o attachment / enclosure E= Copy with ettachment/ enclosure N = No copy OFFICE
- SPLB:DSSA
- SPLB:DSSA BC:SPLB:DSSA
- D:DSSA
- NRR:ADT NAME EConnell:rme KSWest LBMarsh GHolahan BSheron DATE
,7/27/98 7/27/98 7/17/98 7/28/98 7/29/98 OFFih[* M i MD k man
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NAME [SC[lN JCalla f 7/31 /9 8
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DAT OFFICIAL RECORD COPY 1
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NT rold W. Kris:r 2
Thereforq, the Commission is fully aware of the industry's position on the fire protection rulemakings Your July 13 letter further reinforces the industry's position. The staff has worked in cooperati%with the public and industry in its proposed fire protection activities and is committed to continuing this cooperation in the future.
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I appreciate your wi ' gness to share your concerns with the Commission.
Sincerely, l
Enclosure:
As stated "This correspondence addresses olicy issues previously resolved by the Commission, transmits factualinformation or res tes Commission policy."
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DISTRIBUITON:
Public Central File SPLB R/F TJC r (G980450)
LMarsh GHolahan SNewberry BSheron SWest PMad n EConnell DOudinot LWhitney JHolmes CBajwa PQualls MSalley SPLB Ticket File PMagnanelli (G980450)
SECY OGC EDO R/F OCA OPA CFO ClO JCallan AThadani HThompson PNorry JBlaha SBums MKnapp FMiraglia i
SCollins BBoger BTravers JRoe RZimmerman Chairman Jackson Commissioner Dicus Commissioner Diat Commissioner McGaffigan DOCUMENT NAME: A:\\KEISER.WPD
- see prev qus concurrence l
To rrctive a copy of this document, indicate in the box C= Copy w/o attachment / enclosure E=Capy with attachment / enclosure N = No copy
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OFFICE
- SPLB:DSSA
- SPLB:DSSA
- BC:SPLB:DSSA
- D:DSSA
- NRR:ADT NAME EConnell:rme KSWest
- LBMarsh, GHolahan BSheron
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DATE 7/27/98 7/27/98 7/27/98 7/28/98 7/29/98 OFFICE
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NAME SCollins JCall
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consensus standard, if successfully developed, in a rulemaking to serve as alternative method for licensees to meet NRC fire protection requirements. The Co ission also directed t e staff to continue to consolidate existing regulatory positons to gener e a comprehensive fir rotection regulatory guide to be used in meeting the existing fire otection regulations.
Any ne fire protection rule would serve as an attemative method f r licensees to meet NRC fire prote ion requirements. Therefore, it would not create an u table regulatory environment, nor would i require plant resources to rebaseline plant program unless a licensee voluntarily chooses to so.
I appreciate you illingness to share your concerns with t Commission.
The staff is committe to continue to work with the pu and the industry during the proposed fire protection rulemaki If you have any further qu stions, please do not hesitate to contact me.
Sin rely, Shirley Ann Jackson
Enclosure:
As stated "This correspondence addres es poli issues previously resolved by the Commission, transmits factualinformatio or restates ommission policy."
DISTRIBulTON:
Public Central File SP B R/F TJCarter( 30450)
LMarsh GHolahan SNewberry BSheron est PMadden EConnell DOudinot LWhitney JHolmes Bajwa PQustis MSalley SPLB Ticket File PMagnanelli (G980450)
SECY OGC EDO R/F OCA OPA CFO CIO JCallan AThadani HThompson PNorry JBlaha SBurns MKnapp FMiraglia SCollins BBoger BTravers JRoe RZimmerman Chairman Jackson C mmissioner Dieus Commissioner Diaz Commissioner McGaffigan DOCUMENT NAME A:\\KEISER.WPD
- see previous ncurrence To receive a copy of this document, i icate in the box C= Copy w/o attachment / enclosure E= Copy wit ttachment/ enclosure N = No copy
- D:kSA OFFICE
- SPLB:DSSA/
- SPLB:DSSA
- BC:SPLB:DSSA
- NRR:ADT EConneli:rnh GHolsk NAME KSWest LBMarsh BSheron f
7/28/98 \\
DATE.
7/27/98 7/27/98 7/27/98 7/29/98 OFFICE (
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Chairman NAME b JCallan
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lDATE 7d8 7/ /98 7/ /98 OFFICIAL RECORD COPY l
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consensus standard, if successfully developed, in a rulemaking to serve as an alternativ method for licensees to meet NRC fire protection requirements. The Commission als directed the staff to continue to consolidate existing regulatory positons to generate a compr ensive fire protection regulatory guide to be used in meeting the existing fire protection r ulations.
Any new fire protection rule would serve as an alternative method for licens s to meet NRC fire protection req 'rements. Therefore, it would not create an unstable r ufatory environment, nor would it require lant resources to rebaseline plant programs unles licensee voluntarily chooses to do so.
I appreciate your willing ss to share your concerns with the Co ission.
The staff is committed to tinue to v;ork with the public an he industry during the proposed fire protection rulemaking. I ou have any further questio, please do not hesitate to contact me.
Sincerel Sam 1 J. Collins, Director Offi of Nuclear Reactor Regulation
Enclosure:
As stated "This correspondence addresses lic issues previously resolved by the Commission, transmits factualinformation or r tates ommission policy."
DISTRIBUITON:
Public Central File SPLB TJCarter ( 60450)
LMarsh GHolahan SNewberry BSheron SWes PMadden EConnell DOudinot LWhitney JHolmes CBa a PQualls MSalley SoLB Ticket File PMagnanelli (G980450)
JCallan AThadani HThompson PNorry laha SBums MKnapp FMiraglia SCollins BBoger BTravers JRoe RZimmem.an Chairman Jackson Com ssioner Dieus Commissioner Diaz Commissioner McGatfigan DOCUMENT NAME: A-EISER.WPD
- see previous oncurrence To reo2ive a co )y of this document, indi e in the box C= Cop'r w/o attachment / enclosure E= Copy ' h attachment /enclosurep = A copy
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OFFICIAL RECORD COPY DOCUMENT COVER PAGE
d Mr. arold W. Keiser 2
conse us standard, if successfully developed, in a rulemaking to serve an alternative meth lor licensees to meet NRC fire protection requirements. The C mission also directed the staff continue to consolidate existing regulatory positons to gen ate a comprehensive fire protec ' n regulatory guide to be use ' in meeting the existing fire rotection regulations.
Any new fire otection rule would serve as an alternative method r licensees to meet NRC fire protection r uirements. Therefore, it would not create an u table regulatory environment, nor would it requi plant resources to rebaseline plant progra unless a licensee voluntarily chooses to do so.
I appreciate your willi ness to share your concerns with t Commission.
The staff is committed to ontinue to work with the publ' and the industry during the proposed fire protection rulemaking.
you have any further qu tions, please do not hesitate to contact me.
Sinc ely, amuel J. Collins, Director Office of Nuclear Reactor Regulation
Enclosure:
As stated O~
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DISTRIBUITON:
Public Central File SPLB
,F TJ arter(G980450)
LMarsh GHolahan SNewberry BSheron SWes PM' den EConnell DOudinot LWhitney JHolmes CBa' a PQu s MSalley SPLB Ticket File DMagnanelli (G980450)
SE Y OGC EDO R/F OCA OPA CFO C
JCallan AThadani HThompson PNorry laha SBums MKnapp FMiraglia SCollins BBoger Travers JRoe RZimmerman Chairman Jackson Commi sioner Dieus Commission r Diaz Commissioner McGaffigan DOCUMENT NAME: A:\\
ISER.WPD
'ceive a copy of this document. indicate in the box C-Copy w/o atta iment/ enclosure E-Copy with attuunment/ enclosure N - No copy
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ja af cq ENCLOSURE 1 f
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June 30, 19W OFFICE oF THE SECRETARY-MEMORANDUM TO:
L. Joseph Callan Execujivfeirec r for Operations WWv D --
FROM:
Jo C. Hoyle, ecretary
SUBJECT:
STAFF REQ.UIREMENTS: SECY 98-058 - DEVELOPMENT OF A RISK-INFORMED, PERFORMANCE-BASED REGULATION FOR FIRE PROTECTION AT NUCLEAR POWER PLANTS The Commission approved the staff's proposal to defer development of a risk-informed, performance-based fire protection rule at this time and, instead, to pursue with the National Fire Protection Association (NFPA) and the nuclear industry the development of a risk-informed, and ultimately performance-based consensus standard for fire protection at nuclear power plants (Ophon 2 of SECY-98-058). Under this approach, the NRC staff would endorse the consensus standard, if successfully developed, in a rulemaking to serve as an attemative method for licensees to meet NRC fire protection requirements. In implementing Option 2, the staffis derected to take the followng actions:
1.
Work closely with the NFPA so that the' consensus standard is developed on an expedsted basis and to ensure that the proper risk-informed, performance-based approach is maintained. The staff is directed to update the Commission on the status of NFPA activities, providing an assessment of progress and dirochon.
(EDO)
(SECY Suspense:
11/1/98) 2.
Pursue rulemakin; to amend section lil-M :f Appendix R to 10 CFr. Part 50 te gliminate the requirement for non-combustible penetration wal material and make other minor changes to fire protecho.. regulations.
(EDO).
(SECY Suspense:
11/1/98) p 3.
Closely examine plants whose individual plant examinahons for 6xtemai events (IPEEEs) show fire protection vulnerabilibes to gain a thorough undsrstandmg of the particular risk contnbutors in evaluati7.g those facdities, considenption is to be given to the cumulative effects of exemptions to cunstit regulations to ensure that an adequate L
l SECY NOTE
- This SRM and the Commission Voting Record for SECY-98-058 will be made publicly available 5 working days from the date of the final SRM.
' SECY 98-058 was made publicly available at a Co nmiscion meeting on L
March 31,1998.
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level of fire protection is maintained The staff is directed to report to the Commission the results of lessons learned from the IPEEE efforts.
(EDO)
(SECY Suspense.
5/30/99) l' 4.
Continue to consolidate existing regulatory positions to generate a comprehensive fire l
protection regulatory guide to be used in meeting the existing fire protection regulations.
l (EDO)
(SECY Suspense:
9/30/99) 5.
Summarize NRC's fire protection-related research ectivities conducted to date and seek 4
Commission approval before initiating further research.
(EDO)
(SECY Suspense:
10/1/98) 6.
Inform the Commission on how and when the fire protection issues as listed in SECY-97-127 will be closed.
l-(EDO)
(SECY Suspensa:
10/1/98) cc:-
Chairman Jackson i
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Commissioner Dicus l
Commissioner Diaz Commissioner McGaffigan OGC 4
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Office directors, regions, ACRS, ACNW, ASLBP (by E-Mail) l-PDR i
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