RIS 2007-19, Communicating Clarifications of Staff Positions in Rg 1.205 Concerning Issues Identified During Pilot Application of NFPA Std 805

Communicating Clarifications of Staff Positions in Rg 1.205 Concerning Issues Identified During Pilot Application of NFPA Std 805

ML071590227
Person / Time
Issue date:	08/20/2007
From:	Michael Case NRC/NRR/ADRA/DPR
To:
References
RIS-07-019
Download: ML071590227 (4)

UNITED STATESNUCLEAR REGULATORY COMMISSIONOFFICE OF NUCLEAR REACTOR REGULATIONWASHINGTON, D.C. 20555-0001August 20, 2007NRC REGULATORY ISSUE SUMMARY 2007-19:PROCESS FOR COMMUNICATING CLARIFICATIONS OF STAFF POSITIONS PROVIDED IN REGULATORY GUIDE 1.205 CONCERNING ISSUES IDENTIFIED DURING THE PILOT APPLICATION OF NATIONAL FIRE PROTECTION ASSOCIATION STANDARD 805

ADDRESSEES

All holders of operating licenses for nuclear power reactors that are transitioning to the risk-informed, performance-based fire protection licensing basis under Title 10 of the Code ofFederal Regulations (10 CFR) Part 50, Section 48(c), National Fire Protection AssociationStandard (NFPA) 805 Rule.

INTENT

The U.S. Nuclear Regulatory Commission (NRC) is issuing this regulatory information summary(RIS) to describe the process for communicating additional clarifications of existing NRC staffpositions identified during the pilot application of the NFPA 805 Rule. This RIS requires noaction or written response by addressees.

BACKGROUND

Regulatory Guide (RG) 1.205, "Risk-Informed, Performance-Based Fire Protection for ExistingLight-Water Nuclear Power Plants," provides one acceptable method for complying with 10 CFR50.48(c). It endorses Revision 1 of Nuclear Energy Institute (NEI) 04-02, "Guidance forImplementing a Risk-Informed, Performance-Based Fire Protection Program under 10 CFR50.48(c)," with several exceptions. Since transitioning from a licensing basis that is founded on the current deterministicrequirements to a licensing basis that is founded on performance-based, risk-informedrequirements constitutes a significant change, the NRC staff is working with two pilot plants(Shearon Harris and Oconee) to refine the infrastructure that will facilitate t he transition to thenew licensing basis. This involves developing a draft Standard Review Plan, developing draftInspection Guidance, and revising RG 1.205 using lessons learned from the pilot plants. Boththe NRC staff and the industry recognized the need for additional clarifications and guidancebeyond that provided in RG 1.205 and NEI 04-02, Rev. 1 (NEI 04-02).In a letter to the NRC, the NEI requested that the NRC staff establish a process that providestimely clarifications of additional staff positions usually communicated via RG 1.205 andNEI 04-02. The NRC staff accepted the NEI proposed process, with several modifications. The details of the NRC staff's modified process are described in a July 12, 2006, letter to NEI(Agencywide Documents Access and Management System (ADAMS) Accession NumberML061660105). This new process has been named the NFPA 805 Frequently Asked Question(FAQ) Process. Both NEI and the NRC staff envision the FAQ Process as a structured avenueto seek NRC staff interpretations and clarifications of NEI 04-02 guidance and NFPA 805requirements, in accordance with 10 CFR 50.48(c), in a timely manner.SUMMARY OF THE FAQ PROCESS

Under the FAQ Process, transition issues (referred to as FAQs) requiring additionalclarifications are submitted, in accordance with the above proscribed process, to the NEI NFPA805 Task Force for an initial review. Subsequently, they are presented to the NRC during oneof the monthly public FAQ meetings. These FAQs may be submitted by any stakeholder,including the public, the NRC, and pilot or non-pilot licensees.The monthly public FAQ meetings between NRC staff, NEI, and other stakeholders are a vitalpart of the process. The FAQ public meetings are noticed under the normal NRC process, andare Category 2 public meetings. At these FAQ meetings, unresolved FAQs are discussed andnew FAQs are introduced with a detailed explanation for the basis of the additional guidance. Detailed discussion of the new FAQ is deferred to the next meeting to enable all stakeholdersan opportunity to consider and research the issues involved. The NRC staff and the licenseescontinue to discuss issues pertaining to the FAQ at subsequent meetings. Detailed discussionwill continue until of the issues have been resolved.When the NRC staff has substantive comments on a FAQ, these comments are presented inwriting at the monthly public meeting. The FAQ owner then revises the FAQ and presents it at asubsequent meeting. When all of the comments are resolved, the person submitting the FAQcreates a final version of the FAQ, including the necessary revised sections of NEI 04-02. Oncean acceptable FAQ is submitted to the NRC, the Fire Protection Branch Chief issues a publiclyavailable memorandum to file which indicates that the revised FAQ is acceptable guidance fortransitioning to NFPA 805

, and should be incorporated into NEI 04-02. If a resolution is notreached in a reasonable time frame, the Fire Protection Branch Chief may issue a closurememo describing the staff's resolution to the FAQ, recognizing that consensus may not havebeen achieved by all stakeholders.These closure memos are preliminary extensions of the implementation guidance in NEI 04-02. Final official closure of the FAQs occurs when an updated RG 1.205, endorsing the revisedNEI 04-02, is approved by the NRC.

REFERENCES

• NFPA 805, 2001 Edition (available through the Public Document Room or NFPA)

• NEI 04-02, Revision 1 (ADAMS Accession Number ML052590476)

• RG 1.205 (ADAMS Accession Number ML061100174)

• NFPA 805 FAQ Process Document, Revision 1 (ADAMS Accession Number ML061660105)

BACKFIT DISCUSSION

This RIS requires no action or written response and is, therefore, not a backfit under 10 CFR50.109. Consequently, the staff did not perform a backfit analysis.

FEDERAL REGISTER NOTIFICATION

A notice of opportunity for public comment on this RIS was not published in the FederalRegister because this RIS is informational.

CONGRESSIONAL REVIEW ACT

This RIS is not a rule as designated by the Congressional Review Act (5 U.S.C. §§ 801-886)and, therefore, is not subject to the Act.

PAPERWORK REDUCTION ACT STATEMENT

The information collections contained in this regulatory issue summary are covered by therequirements of 10 CFR Part 50, which was approved by the Office of Management and Budget(OMB), approval numbers 3150-0011.Public Protection NotificationThe NRC may not conduct or sponsor, and a person is not required to respond to, a request forinformation or an information collection requirement unless the requesting document displays acurrently valid OMB control number.

CONTACT

Please direct any questions about this matter to the technical contacts listed below./RA/

Michael Case, DirectorDivision of Policy and RulemakingOffice of Nuclear Reactor RegulationTechnical Contacts:Charles E. Moulton, NRRPaul W. Lain, NRR(301) 415-2751(301) 415-2346E-mail: cem4@nrc.govEmail: pwl@nrc.govNote: NRC generic communications may be found on the NRC public Web site,http://www.nrc.gov, under Electronic Reading Room / Document Collections.

BACKFIT DISCUSSION

This RIS requires no action or written response and is, therefore, not a backfit under 10 CFR50.109. Consequently, the staff did not perform a backfit analysis.

FEDERAL REGISTER NOTIFICATION

A notice of opportunity for public comment on this RIS was not published in the FederalRegister because this RIS is informational.

CONGRESSIONAL REVIEW ACT

This RIS is not a rule as designated by the Congressional Review Act (5 U.S.C. §§ 801-886)and, therefore, is not subject to the Act.

PAPERWORK REDUCTION ACT STATEMENT

The information collections contained in this regulatory issue summary are covered by therequirements of 10 CFR Part 50, which was approved by the Office of Management and Budget(OMB), approval numbers 3150-0011.Public Protection NotificationThe NRC may not conduct or sponsor, and a person is not required to respond to, a request forinformation or an information collection requirement unless the requesting document displays acurrently valid OMB control number.

CONTACT

Please direct any questions about this matter to the technical contacts listed below./RA/Michael Case, DirectorDivision of Policy and RulemakingOffice of Nuclear Reactor RegulationTechnical Contacts:Charles E. Moulton, NRRPaul W. Lain, NRR(301) 415-2751(301) 415-2346E-mail: cem4@nrc.govEmail: pwl@nrc.govNote: NRC generic communications may be found on the NRC public Web site,http://www.nrc.gov, under Electronic Reading Room / Document Collections.ADAMS Accession #: ML071590227OfficeAFPBAFPBTechnical EditorBC:AFPBD:DRANameCMoultonPLainCarina ClarkSWeerakkodyCHoldenDate6/18/20076/18/20076/8/076/25/20076/26/2007 OfficeD:DORLBC:TSBD:DFERR

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