ML051110242

Preliminary Working Draft of Final Regulatory Guide for Risk-Informed, Performance-Based Fire Protection Program

ML051110242
Person / Time
Issue date:	04/20/2005
From:	Radinski R Plant Systems Branch
To:	Marion A Nuclear Energy Institute
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Download: ML051110242 (18)

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The U.S. Nuclear Regulatory Commission (NRC) issues regulatory guides to describe and make available to the public methods that the NRC staff considersacceptable for use in implementing specific parts of the agency's regulations, techniques that the staff uses in evaluating specific problems or postulatedaccidents, and data that the staff need in reviewing applications for permits and licenses. Regulatory guides are not substitutes for regulations, and compliancewith them is not required. Methods and solutions that differ from those set forth in regulatory guides will be deemed acceptable if they provide a basis for thefindings required for the issuance or continuance of a permit or license by the Commission.This guide was issued after consideration of comments received from the public. The NRC staff encourages and welcomes comments and suggestions inconnection with improvements to published regulatory guides, as well as items for inclusion in regulatory guides that are currently being developed. The NRC staffwill revise existing guides, as appropriate, to accommodate comments and to reflect new information or experience. Written comments may be submitted to theRules and Directives Branch, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.Regulatory guides are issued in 10 broad divisions: 1, Power Reactors; 2, Research and Test Reactors; 3, Fuels and Materials Facilities; 4, Environmental andSiting; 5, Materials and Plant Protection; 6, Products; 7, Transportation; 8, Occupational Health; 9, Antitrust and Financial Review; and 10, General.Requests for singlecopies of draft or active regulatory guides (which may be reproduced) should be made to the U.S. Nuclear Regulatory Commission, Washington, DC 20555,Attention: Reproduction and Distribution Services Section, or by fax to (301) 415-2289; or by email to Distribution@nrc.gov. Electronic copies of this guide areavailable through the NRC's public Web site under the Regulatory Guides document collection of the NRC's Electronic Reading Room athttp://www.nrc.gov/reading-rm/doc-collections/; and through the NRC's Agencywide Documents Access and Management System (ADAMS) athttp://www.nrc.gov/reading-rm/adams.html, under Accession No. ML05XXXXXXX.U.S. NUCLEAR REGULATORY COMMISSION July 2005OFFICE OF NUCLEAR REGULATORY RESEARCH Division 1REGULATORY GUIDE Contact: Paul W. Lain (301) 415-2346Robert F. Radlinski (301) 415-3174REGULATORY GUIDE X.XXXRISK-INFORMED, PERFORMANCE-BASED FIRE PROTECTIONFOR EXISTING LIGHT-WATER NUCLEAR POWER PLANTSA. INTRODUCTIONThis regulatory guide provides guidance for use in complying with the requirements thatthe U.S. Nuclear Regulatory Commission (NRC) has promulgated for risk-informed, performance-basedfire protection programs that meet the requirements of Title 10, Section 50.48(c), of the Code ofFederal Regulations (10 CFR 50.48(c)) and the referenced 2001 Edition of the National Fire ProtectionAssociation (NFPA) standard, NFPA 805, "Performance-Based Standard for Fire Protectionfor Light-Water Reactor Electric Generating Stations."In accordance with 10 CFR 50.48(a), each operating nuclear power plant must havea fire protection plan that satisfies General Design Criterion (GDC) 3, "Fire Protection," of Appendix A,"General Design Criteria for Nuclear Power Plants," to 10 CFR Part 50, "Domestic Licensingof Production and Utilization Facilities." In addition, before the adoption of 10 CFR 50.48(c),plants that were licensed to operate before January 1, 1979, needed to meet the requirements of 10CFR Part 50 Appendix R, "Fire Protection Program for Nuclear Power Facilities Operation Prior to January 1,1979," as stated in 10 CFR 50.48(b). Plants licensed to operate after January 1, 1979, were required tocomply with 10 CFR 50.48(a), as well as any plant-specific fire protection license condition andtechnical specifications.

2Section 50.48(c) incorporates NFPA 805 by reference, with certain exceptions, and allowslicensees to voluntarily adopt and maintain a fire protection program that meets therequirements of NFPA 805 as an alternative to meeting the requirements of 10 CFR 50.48(b) orthe plant-specific fire protection license conditions. Licensees who choose to comply withNFPA 805 must submit an application for license amendment to the NRC, in accordance with10 CFR 50.90. Section 50.48(c)(3) describes the required content of the application.The Nuclear Energy Institute (NEI) developed NEI 04-02, "Guidance for Implementing aRisk-Informed, Performance-Based Fire Protection Program Under 10 CFR 50.48(c)," Revision0, dated April 2005, to assist licensees in adopting NFPA 805 and making the transition from theircurrent fire protection licensing basis to one based on NFPA 805. This regulatory guide endorsesNEI 04-02, Revision 0, because it provides acceptable methods for implementing NFPA 805and complying with 10 CFR 50.48(c), subject to the additional positions contained in Section Cof this regulatory guide and the approval authority NFPA 805 grants to the authority havingjurisdiction (AHJ). The regulatory positions in Section C include clarification of the guidanceprovided in NEI 04-02 as well as any NRC exceptions to the guidance. The regulatorypositions in Section C take precedence over the NEI 04-02 guidance. All references to NEI 04-02 in this regulatory guide refer to Revision 0 of the NEI guidance document. All references toNFPA 805 in this regulatory guide refer to the 2001 Edition of NFPA 805. The NRC is the AHJfor nuclear power plant fire protection programs.

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The information collections contained in this regulatory guide are covered bythe requirements of 10 CFR Part 50, which were approved by the Office of Managementand Budget (OMB) approval number 3150-0011. The NRC may not conduct or sponsor, and aperson is not required to respond to, a request for information or an information collectionrequirement unless the requesting documentt displays a currently valid OMB control number.B. DISCUSSIONBackgroundThe Code of Federal Regulations, Title 10, Section 50.48(a),requires that all operatingnuclear power plants implement a fire protection program that satisfies GDC 3 of Appendix Ato 10 CFR Part 50. In addition to the requirements of 10 CFR 50.48(a), plants licensed tooperate before January 1, 1979, must meet the requirements of Appendix R to 10 CFR Part 50, tothe extent described in 10 CFR 50.48(b). Nuclear power plants that were licensed to operate afterJanuary 1, 1979, must comply with 10 CFR 50.48(a), as well as any plant-specific fire protectionlicense conditions and technical specifications. Fire protection license conditions typicallyreference NRC safety evaluation reports (SERs), which are the products of the staff's initiallicensing reviews against either (1) Appendix A to Branch Technical Position (BTP) AuxiliaryPower Conversion Systems Branch (APCSB) 9.5-1, "Guidelines for Fire Protection for NuclearPower Plants," and the criteria of certain sections of Appendix R to 10 CFR Part 50; or (2)Section 9.5.1, "Fire Protection Programs," of NUREG-0800, "Standard Review Plan for the 3Review of Safety Analysis Reports for Nuclear Power Plants" (SRP). The SRP closely followsthe structure and requirements of Appendix R to 10 CFR Part 50.The fire protection requirements of GDC 3, Appendix R, the BTP, and the SRPare considered deterministic requirements. The industry and some members of the publichave described these requirements as prescriptive and creating unnecessary regulatory burden. The NRC has issued approximately 900 plant specific exemptions to the requirements ofAppendix R, and approved numerous deviations from the licensing requirements for post-1979 plants.In SECY-98-058, "Development of a Risk-Informed, Performance-Based Regulationfor Fire Protection at Nuclear Power Plants," dated March 26, 1998, the staff proposed to theCommission that the staff work with the NFPA and industry to develop a risk-informed,performance-based consensus fire protection standard for nuclear power plants. This consensus standard could be endorsed in future rulemaking as an alternative set of fireprotection requirements. In SECY-00-0009, "Rulemaking Plan, Reactor Fire Protection Risk-Informed, Performance-Based Rulemaking," dated January 13, 2000, the NRC staff requestedand received Commission approval for proceeding with a rulemaking to permit reactorlicensees to adopt NFPA 805 as a voluntary alternative to existing fire protection requirements. On February 9, 2001, the NFPA Standards Council approved the 2001 Edition of NFPA 805 asan American National Standard for performance-based fire protection for light-water nuclearpower plants.Effective July 16, 2004, the Commission amended its fire protection requirementsin 10 CFR 50.48 to add 10 CFR 50.48(c), which incorporates the 2001 edition of NFPA 805 byreference, with certain exceptions, and allows licensees to apply for a license amendment tocomply with NFPA 805. [See Volume 69, page 33536 of the Federal Register (69 FR 33536)]. The NRC cannot adopt future editions of NFPA 805 without rulemaking. However,licensees may request to use specific risk-informed or performance-based alternativesincluded in future additions of NFPA 805 by submitting a license amendment, in accordancewith 10 CFR 50.48(c)(4).In parallel with the Commission's efforts to promulgate a rule endorsing risk-informed,performance-based fire protection provisions of NFPA 805 and to follow the provisionsof the Federal Advisory Committee Act which are designed to encourage the public and industryto have more meaningful involvement in the regulatory process, NEI worked with industry andthe staff to develop implementing guidance for the specific provisions of NFPA 805 and therule. The NEI published such guidance in NEI 04-02, Revision 0, in April 2005. This regulatoryguide provides the NRC's position on NEI 04-02 and offers additional information and guidance tosupplement the NEI document and assist the licensees in meeting the Commission'srequirements.Fire Protection Program TransitionThe staff endorses a"safe-today, safe-tomorrow" approach consistent with NFPA 805for plants that transition to a risk-informed, performance-based fire protection program inaccordance with 10 CFR 50.48(c). With this approach a licensee is not required to re-assess theacceptability of license amendments, exemptions or deviations that have been previously 4approved by the NRC for the plant. However, a minimal review should be performed by thelicensee to ensure that the conditions described in the original exemption or amendmentrequest are still relevant and representative of the current plant operations and configuration. The overall objective of this approach is to enable licensees to transition to a risk-informed,performance-based fire protection program without undue burden, while enhancing plantsafety and providing a clear licensing basis.To enhance plant safety, licensees are encouraged to disposition any noncompliancesidentified by the licensee during the transition process. To accommodate licensees duringthis transition period while they evaluate the implication of 10 CFR 50.48(c) and the originallicensing basis remains in effect, the NRC will grant, under specific circumstances,enforcement discretion for issues identified by the licensee during the transition, unless theyare highly risk-significant (i.e., greater than 1x10

-4/year in core damage frequency increase).As discussed in the background information above, licensees must submit an applicationfor license amendment to change their fire protection licensing basis to adopt 10 CFR 50.48(c). As stated in 10 CFR 50.48(c)(3)(ii), the licensee must implement the methodology in Chapter 2 ofNFPA 805 and modify the fire protection program required by 10 CFR 50.48(a) to reflectcompliance with NFPA 805 before changing its current program or modifying the plant. Themodified fire protection program cannot be implemented until the approved license amendment isreceived by the licensee. The rule does not require the licensee to submit the revised fireprotection program for NRC review or approval.The NFPA 805 standard is structured to allow licensees to transition much, if not all, oftheir existing programs, with modification to address additional or new elements of NFPA 805 thatare not addressed by current regulations. Licensees need to address the basic elements ofNFPA 805 as they transition their fire protection programs. These new elements include (1) thenuclear safety performance criteria for all modes of operation, (2) the radioactive material releaseperformance criteria that, (3) compliance with the fundamental fire protection program and designelements, and (4) the specific documentation, quality, and configuration managementprovisions of the NFPA standard. The NEI implementation guide, NEI 04-02, and the positionscontained in this regulatory guide present guidance to assist the licensee in this transition.Certain aspects of the plant's fire protection program may not have been specificallyapproved by the NRC, e.g., through a Safety Evaluation Report or approved 10 CFR 50.12exemption request. Consequently these aspects of the program are not part of the fireprotection plant licensing basis (see 10 CFR 54.3(a) for guidance on documents that areincluded in the plant licensing basis). Licensees may elect to submit a detailed description ofkey elements of the plant fire protection program that are inadequately defined in the currentlicensing basis in order to obtain explicit approval of these elements for the NFPA 805licensing basis. NEI 04-02 recommends specific issues that licensees should address in thelicense amendment request, such as crediting operator manual actions as NFPA 805 recoveryactions and circuit analysis selection and evaluation methodology for the evaluation of fireinduced consequences. The submittals addressing these issues should include sufficientdetail to allow the NRC to adequately assess whether the licensee's treatment of these issuesdemonstrates that the performance criteria of NFPA 805 have been met.

5Section 50.48(c) does not include a specific schedule for implementing a fire protectionprogram meeting the provisions of NFPA 805. However, licensees who wish to takeadvantage of the Commission's interim enforcement discretion policy for fire protection will needto establish an implementation schedule consistent with the enforcement policy.Transition Identified Noncompliance and Interim Enforcement Discretion PolicyThe NRC report, NUREG-1600, "General Statement of Policy and Procedure for NRCEnforcement Actions," updated on August 13, 2004, describes the Commission's generalenforcement policy. In SECY-04-0050, "Final Rule: Revision of 10 CFR 50.48 to AllowPerformance-Based Approaches Using National Fire Protection Association (NFPA) Standard805 (NFPA 805), 'Performance-Based Standard for Fire Protection for Light-Water ReactorElectric Generating Plants,' 2001 Edition," the NRC staff requested that the Commissionapprove, for public notice, an interim enforcement policy for licensees that adopt NFPA 805, inaccordance with 10 CFR 50.48(c). The SECY paper provides the underlying basis and criteriafor enforcement discretion. The Commission approved and published the interimenforcement policy in the Federal Register on June 16, 2004 (see 69 FR 33684). The mostcurrent enforcement policy and the interim enforcement policy on discretion may be foundat http://www.nrc.gov/what-we-do/regulatory/enforcement/enforce-pol.html

.The enforcement discretion begins upon receipt of a letter of intent from the licenseestating its intention to adopt NFPA 805 and providing a schedule for completion of the plantassessment. The enforcement discretion period would be in effect for up to 2 years, and if thelicensee submits a license amendment request, would continue until the NRC completes itsapproval of the amendment request, which could potentially extend beyond the 2-year period. In addition, for licensees that submit a letter of intent prior to December 31, 2005, enforcementdiscretion would be applied to cover corrective action implementation for existing andidentified noncompliances, until the licensee completes its transition to 10 CFR 50.48(c).For those plants that submit a letter of intent, but subsequently decide not to completethe transition to 10 CFR 50.48(c), the enforcement policy requires the licensee to inform theNRC of this decision and withdraw its letter of intent. Any violations that are identified andcorrected before the date of the withdrawal letter would be unaffected by the withdrawal. Thestaff will consider the continuation of enforcement discretion for violations that are identifiedbefore the withdrawal on a case-by-case basis to ensure that timely corrective actions aretaken commensurate with the safety significance of the issue. Any violations occurring afterwithdrawal of the letter of intent would be dispositioned in accordance with normalenforcement practices.

6Fire Protection Program ChangesPrior to the promulgation of 10 CFR 50.48(c), plants typically have adopted a standardfire protection license condition. Under this condition, the licensee can only make changes tothe approved fire protection program, without prior Commission approval, if the changeswould not adversely affect the plant's ability to achieve and maintain safe shutdown in theevent of a fire. This license condition would be changed for plants that adopt NFPA 805. TheNFPA 805 standard contains specific requirements for evaluating changes to the program. See Regulatory Position 2.1 in Section C of this regulatory guide for an acceptable fireprotection license condition for plants adopting NFPA 805. Appendices to NFPA 805As discussed in the Statements of Consideration for the proposed rulemaking (see 67FR 66578), and restated in the comment resolution for the final rulemaking that amended10 CFR 50.48 to incorporate NFPA 805 by reference (see 69 FR 33536), the appendices toNFPA 805 are not considered part of the rule. However, Appendices A, B, C, and D provide usefulinformation for implementing the requirements of NFPA 805. The staff finds the specificguidance contained within the appendices to be acceptable to the extent that this guidanceis specifically endorsed within the positions contained in Section C of this regulatory guide.

7C. REGULATORY POSITIONS1.NEI 04-02The guidance in NEI 04-02, Revision 0, provides methods acceptable to the staff foradopting a fire protection program consistent with the 2001 edition of NFPA 805, subject tothe regulatory positions contained herein.The NRC's endorsement of NEI 04-02 excludes Section 6.0, Implementing Guidance forUse of Tools and Processes Within Existing Licensing Basis, which provides guidance forusing the risk-informed methods without adopting NFPA 805. The purpose of NEI 04-02 andthis regulatory guide is to provide guidance for implementing a fire protection program thatcomplies with 10 CFR 50.48(c). Neither the regulatory requirements of 10 CFR 50.48(c) norNFPA 805 include provisions to use the methods and approaches of NFPA 805 within anexisting fire protection licensing basis. Conversely, there are also no regulatory prohibitions or limitations on analyticalmethods used in developing the safety case for license amendments or exemptions, as longas they are technically valid, justified, and defendable as demonstrating adequate protection ofthe public. In making changes to the existing fire protection program, the licensee shall followthe change process allowed under the standard fire protection license condition and shouldprovide the necessary technical basis to support the change, regardless of the methods 8employed. In addition, the NRC's endorsement of NEI 04-02 does not imply its endorsementof the references cited in NEI 04-02.2.Transition Process2.1Standard License ConditionSection 4.6.1 of NEI 04-02 provides acceptable guidance for submitting licenseamendment requests to allow the adoption of NFPA 805. As specified in 10 CFR 50.48(c)(3)(i), thelicense change amendment request must identify any license conditions to be revisedor superseded. The following license condition is an acceptable fire protection license conditionfor plants adopting NFPA 805:(Name of Licensee) shall implement and maintain in effect all provisions of theapproved fire protection program that comply with 10 CFR 50.48(a),10 CFR 50.48(c), and NFPA 805 (2001 Edition) as specified in the licensee amendmentrequest dated and as approved in the safety evaluation report dated (and supplements dated ). Except where NRC (AHJ) approvalfor changes or deviations is required by 10 CFR 50.48(c) and NFPA 805, thelicensee may make changes to the fire protection program withoutprior approval of the Commission if those changes are evaluatedand determined to be acceptable as provided for in NFPA 805, 2001 Edition.

2.2Existing Engineering Equivalency Evaluations NFPA 805, Section 2.2.7 describes the application of Existing Engineering Equivalency Evaluations (EEEE's) when using a deterministic approach during the transition to anNFPA 805 licensing basis. One type of EEEE, commonly referred to as a "Generic Letter 86-10(GL 86-10) evaluation," allows licensees who have adopted the standard fire protection licensecondition (under their current licensing basis and in accordance with GL 86-10) to make changesto the approved fire protection program without prior NRC approval if those changes would notadversely affect the ability to achieve and maintain safe shutdown in the event of a fire. With theexception of evaluations of certain recovery actions and any deviations from NFPA 805 requirements, a GL 86-10 evaluation showing no adverse affect on safe shutdown and permitted under the licensee's current licensing basis is one acceptable means of meeting the NFPA 805 EEEE acceptance criteria of "an equivalent level of fire protection compared to the deterministic requirements." EEEE's (including GL 86-10 evaluations) that have not been approved by the NRC are not considered part of the plant licensing basis and are subject to review by the NRC.Recovery actions credited for protection of redundant trains in Appendix R, III.G.2 areasdo not meet the deterministic requirements of Chapter 4 of NFPA 805. Consequently, theserecovery actions that have not been specifically approved by the NRC should be addressed as aplant change in accordance with Section 2.4.4 of NFPA 805. In accordance with 10 CFR 50.48(c), EEEE's which support deviations from therequirements of NFPA 805 must be submitted to the NRC for approval as a license amendmentrequest.

9NEI 04-02, Section 4.1.1, Transition Process Overview, notes that the licensee will reviewEEEE's during the transition process to ensure the quality level and the basis for acceptability arestill valid. Except as noted above, satisfactory results from this review will provide adequatebasis to transition EEEE's for the deterministic requirements of Chapter 4 of NFPA 805.

Guidance for performing EEEE's is provided in NUREG-0800, Section 9.5.1, Fire Protection, andin Regulatory Guide 1.189, Fire Protection for Operating Nuclear Power Plants.

2.3Transition of Circuit AnalysesAn acceptable approach to circuit analyses is described in Regulatory Position 3.3. If theexisting licensing basis is vague or silent on the methodology for post-fire safe-shutdown circuit analysis, including the criteria for identification of circuits requiring protection; the failure assumptions (e.g., single failure, any-and-all, one-at-a-time, sequential/concurrent, cumulative effects); and the prescribed methods of protecting circuits from fire, a licensing basis should be established during the transition against which changes can be assessed post-transition. A licensee may choose to submit a summary of its licensing basis on circuits with the license amendment request for NRC review and approval. At a minimum, the summary must containsufficient information relevant to methods, assumptions, tools, acceptance criteria, and protection of required circuits to enable the staff to determine the acceptability of the licensee's approach.The NRC does not prescribe how a licensee should establish its licensing basis for circuitanalysis. The options to establish a licensing basis include (1) crediting a well documented design basis which meets minimum AHJ expectations, or (2) using other methods approved by the AHJ for selection of circuits and for using risk insights to evaluate the consequences.

2.4Transition of Recovery ActionsOperator manual actions and repairs should be transitioned as "recovery actions" asdefined in Paragraph 1.6.52 of NFPA 805. The transition summary for each fire area that credits recovery actions should indicate whether the recovery actions were previously reviewed and approved by the NRC and the transition report should include the documentation thatdemonstrates NRC approval (inspection reports are not recognized as NRC approvaldocumentation for this purpose). Operator manual actions credited for compliance with Appendix R Section III.G.2 that have not been previously reviewed and approved by the NRC should beaddressed for acceptability during the transition to NFPA 805 using the change evaluationprocess described in NFPA 805 and Chapter 5.3 of NEI 04-02.

Where recovery actions are credited for protection of redundant trains in an AppendixR, III.G.2 area, eliminating an existing suppression system required by Appendix R, III.G.2 orsimilar commitments (e.g., section 5.b of Standard Review Plan 9.5.1) is unacceptable withrespect to defense-in-depth (DID). Similarly, eliminating an existing electrical raceway firebarrier system (ERFBS) from an area with no suppression system and crediting a recoveryaction is unacceptable with respect to DID. Converting an existing automatic suppressionsystem in the III.G.2 area from automatic actuation to manual actuation does not defeat DID aslong as the recovery actions available are feasible and reliable with respect to early detection, suppression of fires, and fire confinement. Early detection, suppression, and confinement of fires should be evaluated based on postulated realistic fires and fire growth rates.3.NFPA 805 Fire Protection Program 103.1NFPA 805 Fire Protection Program Change Evaluation ProcessPrior to implementing a change to the fire protection program or a change to a plantfeature that could impact the fire protection program, the licensee should evaluate the changeto determine whether it is acceptable. Existing 10 CFR 50.48(c) noncompliances identifiedafter the transition to an NFPA 805 licensing basis, should also be evaluated for acceptability inaccordance with the plant change evaluation process. In accordance with Section 2.4.4, PlantChange Evaluation, of NFPA 805, plant changes should be evaluated using an integrated assessmentof the acceptability of risk, defense-in-depth, and safety margins, regardless of the methods orapproaches used to evaluate the change.Section 5.3 of NEI 04-02 addresses the evaluation of changes to a licensee's fire protectionprogram. In addition to addressing change process considerations, Section 5.3 of NEI 04-02,describes methods and tools for evaluating changes to the fire protection program. Regulatory Position 4 describes the NRC staff positions related to these methods and tools. The following regulatory positions are also applicable to the process of evaluatingand implementing changes to the fire protection program following completion of the transitionto an NFPA 805 license condition.NEI 04-02 references NEI 02-03, "Guidance for Performing a Regulatory Reviewof Proposed Changes to the Approved Fire Protection Program," as providing a genericregulatory review process that may be used to determine if a change to the approvedfire protection program can be made without prior NRC approval. The version of NEI 02-03currently available to the NRC has not been reviewed and endorsed by the NRC for applicationto a risk-informed performance-based fire protection program.3.1.1Change ScreeningA licensee may use an appropriate screening process to screen out changes that donot require additional evaluations for fire protection program impacts and acceptability. Anappropriate screening process may include the following types of changes that do not need tobe further evaluated prior to implementation:*plant changes that have been determined not to impact the fire protection program *changes to elements of the fire protection program that have been determined to beclearly equivalent to existing elements of the fire protection program (e.g., functionallyidentical or superior replacements of fire protection equipment described in the fireprotection program)*changes to the fire protection program that are clearly insignificant with respect tomeeting nuclear safety and radioactive release performance criteria (e.g., descriptive oreditorial changes to the fire protection program documentation)10 CFR 50.59(a)(1) and Appendix J of NEI 04-02 provide additional guidance andscreening criteria for changes that are acceptable to the NRC.

1EPRI TR-100370, Fire-Induced Vulnerability Evaluation (FIVE) Methodology Plant Screening Guide,Professional Loss Control, April 1992.

113.1.2Fire Protection Program Change EvaluationsFor changes that have not been screened, the licensee should perform an engineeringevaluation to demonstrate the acceptability of the change in terms of the plant changeevaluation criteria and compliance with the fire protection requirements of 10 CFR 50.48(a) andNFPA 805, as endorsed in 10 CFR 50.48(c). Section 5.3.1 of NEI 04-02 provides usefulinformation for evaluating changes in the context of NFPA 805 plant change evaluation criteria.

.[This para has been included in the revised NEI 04-02. Ray has comments that should beincorporated. If we reach agreement with NEI, can delete this para from the reg guide] While the risk impact must be evaluated for all changes to a risk-informed fire protectionprogram, the scope and depth of the risk evaluation should be commensurate with complexityof the plant change, the technical issues involved, and the potential risk associated with thechange. A graded approach can meet the requirements of NFPA 805 for the assessment ofthe acceptability of risk. A simple risk evaluation (e.g., a qualitative check-off, a structuredscreening process, or an order-of-magnitude quantification) can be performed for relativelylow risk-significance changes. Potentially higher risk changes may require a quantitativeevaluation spanning a spectrum from traditional approaches, such as FIVE 1, through morerecent developments, such as the Fire Protection Significance Determination Process (NRCInspection Manual Chapter MC 0609F), up to a fire probabilistic safety assessment (PSA).

Section 4.3 of this regulatory guide provides additional guidance with respect to the use of riskevaluation tools.The risk evaluation should use the methods and tools described in Regulatory Position 4.3, asappropriate. Section 5.3 of NEI 04-02 contains a detailed discussion useful in evaluatingchanges in risk when using quantitative risk assessment methods and tools. The evaluationshall also demonstrate that adequate defense-in-depth and safety margin will be maintained. Section 5.3.2.2 of NEI 04-02 provides useful information regarding the assessment of DID andidentifies acceptable industry guidelines that are consistent with the approach to assessingDID as described in Regulatory Guide 1.174, "An Approach for Using Probabilistic RiskAssessment in Risk-Informed Decision on Plant-Specific Changes to the Licensing Basis."As applicable to the fire protection program change being evaluated, the evaluationshould address the following items:(a)For changes that impact the protection of plant structures, systems, and componentsnecessary to meet performance criteria in the event of a fire, the evaluation shoulddemonstrate that nuclear safety and radiological release performance criteria willcontinue to be met considering all relevant plant modes and configurations using,as appropriate for the change being evaluated, the approaches provided in NFPA 805.The licensee shall demonstrate reasonable assurance that at least one success pathnecessary to achieve and maintain nuclear safety performance criteria remains freefrom fire damage, as defined in NFPA 805, Section 1.6.29, considering the effects of thefire and fire suppression activities.

12When using fire modeling (see NFPA 805, Section 4.2.4.1) to demonstrate that at leastone success path remains free from fire damage, the evaluation shall demonstrate thatthe margin between the maximum expected fire scenario and the limiting fire scenariois sufficiently large to bound any uncertainties in the fire model engineering analysis. Section 2.4.7 of Appendix D to NEI-04-02 contains a detailed discussion that is useful inevaluating the margin between the maximum expected fire scenario and the limitingfire scenario.(b)For changes to the fire protection program that involve fundamental programand design elements, the evaluation should address how the change affectscompliance with the requirements of NFPA 805, Chapter 3.(c)Section 5.3.2.1 of NEI 04-02 defines a Region IV that is not included in Regulatory Guide1.174, "An Approach for Using Probabilistic Risk Assessment in Risk-Informed Decisionon Plant-Specific Changes to the Licensing Basis," Revision 1, dated November 2002,and notes that tracking of changes in Region IV is not required. Although the riskincreases that meet the criteria of the NEI 04-02 Region IV do not need to beindividually tracked, the plant design changes associated with the Region IV riskincreases should be tracked and included in subsequent change evaluations to assessthe cumulative risk.(d)Change evaluations crediting recovery actions should consider the guidance providedin Regulatory Position 2.3 for transitioning recovery actions.3.1.3Monitoring Fire Protection Program ChangesThe licensee should evaluate changes with respect to their impact on the monitoringprogram required by NFPA 805. This evaluation should address any changes tothe monitoring program that are necessary to ensure that the assumptions madein the engineering evaluations for fire protection program changes are maintained and remain valid.3.1.4Approval of Fire Protection Program ChangesChanges to the fire protection program that have been screened, as described inRegulatory Position 3.1.1, or evaluated and determined to be acceptable, as described inRegulatory Position 3.1.2, may be implemented without NRC approval with the followingexceptions:(a)Any changes to the fire protection program that affect fundamental program anddesign elements (NFPA 805, Chapter 3) and that do not conform to the requirements ofNFPA 805, Chapter 3, and that are not addressed by a previously approved fundamentalfire protection program and design element, require NRC approval. The licensee shallsubmit a request for approval to the NRC for such a change to the fire protectionprogram, pursuant to 10 CFR 50.48(c)(2)(vii) and 10 CFR 50.90 or 10 CFR 50.12, usingthe licensee's license amendment or exemption request process, as appropriate.NFPA Chapter 3 requires compliance with applicable NFPA fire codes. The edition ofeach NFPA standard that is the licensee's code of record will determine whetherdeviations from these referenced NFPA standards must be submitted for AHJ approval (some code editions allow "alternate arrangements" without AHJ approval).

13Some NFPA codes required by Chapter 3 did not exist when plants were originallylicensed. Licensees' amendment requests to transition to NFPA 805 should describe their level of compliance with NFPA fire codes that have not been committed to in the current licensing basis. The description should be in sufficient detail to permit an adequate evaluation. These commitments will become part of the licensing basis and,consequently, future changes/deviations may require submittal to the NRC for approvalas determined by the license condition and the specific NFPA standard.(b)The following changes to the fire protection program that deviate fromthe requirements of 10 CFR 50.48(c), other than fundamental programand design elements, also require NRC approval:*changes to the fire protection program that do not meet the risk acceptancecriteria described in Regulatory Position 3.

1.2(a)*changes that have been evaluated using performance-based methodsother than those described in Regulatory Position 4*use of a risk-informed or performance-based alternative to compliance withNFPA 805The licensee shall submit a request for approval to the NRC for such a changeto the fire protection program, pursuant to 10 CFR 50.48(c)(4) and 10 CFR 50.90or 10 CFR 50.12, using the licensee's license amendment or exemption process,as appropriate.(c)Changes to the fire protection program that involve, or require conforming changes to,a license condition or the plant's technical specifications require NRC approval. Thelicensee shall submit such a change pursuant to 10 CFR 50.90, using the licensee'slicense amendment process.The licensee may self-approve changes to the fire protection program that do notrequire prior NRC approval, in accordance with applicable licensee procedures. The licenseemay implement changes to the fire protection program that require prior NRC approvalfollowing NRC issuance of the license amendment, in accordance with 10 CFR 50.90 orgranting of an exemption request, in accordance with 10 CFR 50.12.3.1.5Documentation of ChangesThe licensee should document descriptions of changes made to the fire protectionprogram, reasons for the changes, and engineering evaluations related to the changesand retain them until termination of the license. The licensee should organize its changedocumentation so that changes can be readily identified and the associated documentationretrieved for inspection by the NRC.Documentation should (1) clearly describe the assumptions, identify the methods, andpresent the results of the evaluation in a manner that is easily understood and in sufficientdetail to allow future review of the entire analyses, and (2) conform to the quality requirementsof NFPA 805, Section 2.7.3.3.2Fire Protection Program Documentation 14NEI 04-02, Section 5.1.1.1, "Program Documentation," generally allows the licensee todefine the appropriate format and content of the fire protection program documentation. Thedocumentation approach described in NEI 04-02 is acceptable to the staff with the exceptionthat Section 2.7.1.2 of NFPA 805 requires a document that contains, at a minimum, fire hazardsidentification and nuclear safety capability assessment, on a fire area basis, for all fire areasthat could affect the nuclear safety or radioactive release performance criteria defined in NFPA805, Chapter 1. This minimum standard for program documentation is not reflected in the NEI04-02 guidance. Licensee documentation should meet the minimum standard of NFPA 805,Section 2.7.1.2. Also note that design basis documentation or fire protection programdocumentation may not necessarily be part of the plant-specific licensing basisdocumentation. The documentation which defines the plant licensing basis is described in 10CFR 54.3(a).

153.3Circuit AnalysisIndustry guidance document NEI 00-01, Revision 1, "Guidance for Post-Fire SafeShutdown Circuit Analysis," used in conjunction with NFPA 805 (including Appendix B) andthis regulatory guide, provides one acceptable approach to circuit analysis. Where thedeterministic requirements of NFPA 805 Chapter 4 for the protection of required circuitscannot be met, circuit analysis assumptions regarding the number of spurious actuations, themanner in which they occur (e.g., one-at-a-time or simultaneous) and the time betweenspurious actuations should be supported by performance-based evaluations.The nuclear safety circuit analysis should address possible equipment damage and theinability to restore equipment operability caused by spurious actuation, including the types offailures described in NRC Information Notice (IN) 92-18, "Potential for Loss of RemoteShutdown Capability During a Control Room Fire," dated February 1992 and Regulatory Guide1.106, "Thermal Overload Protection for Electric Motors on Motor-Operated Valves," datedNovember 1975.The risk evaluation of circuit analysis changes performed post-transition should use thecriteria in RG 1.174. However, applying this criteria on a circuit-by-circuit basis or even anarea-by-area basis may not adequately consider the cumulative effects. Therefore, in order tomaintain reasonable assurance that cumulative effects of individual changes do not exceed thehigh-level acceptance criteria established in RG 1.174, a licensee may (1) consider all circuitanalysis changes during the transition and post-transition as a single change, (2) perform plantor procedure changes that make the change risk neutral or decreases risk, or (3) apply an AHJapproved threshold for individual changes.NRC Inspection Manual Chapter 0609, Appendix F can also be used within theappropriate context for circuit analysis risk evaluations. If this appendix is used, the licensee must determine the applicability of the referenced data to the licensee's facility.3.4Applicability of 10 CFR 50.6910 CFR 50.69, "Risk-informed categorization and treatment of structures, systems andcomponents for nuclear power reactors" allows certain SSCs to be treated in a risk informed manner. 10 CFR 50.69 is not applicable to 10 CFR 50.48, "Fire protection" since 50.48 is not included in Section (b) of 50.69. 10 CFR 50.48(c) allows the voluntary application of a performance-based fire protection rule. The treatment of SSCs under 10 CFR 50.48(c) should be in accordance with the rule, the referenced NFPA standard, and the applicable licensee's licensing basis.

164.NFPA 805 Analytical Methods and Tools4.1GeneralEngineering analyses and associated methods that the licensee applies to demonstratecompliance with the nuclear safety and radioactive release performance criteria should havethe requisite degree of technical and defensible justification, as dictated by the scopeand complexity of the specific application. Persons qualified in the specific analytical methodsshould perform these analyses which should include any necessary verification and validationof methods used in the specific applications.4.2Fire ModelsSection 2.4.1.2 of NFPA 805 requires that only fire models acceptable to the AHJ (NRC)be used in fire modeling calculations. Further, NFPA 805, Sections 2.4.1.2.2 and 2.4.1.2.3, statethat the fire models shall be applied within their limitations and be verified and validated.To the extent that the NRC finds certain fire models and calculational methodsacceptable for use in performance-based analyses, licensees should justify that the modelsand methods are applied within their limitations and verified and validated. These analysesmay use simple hand calculations or more complex computer models, depending on thespecific conditions of the scenario being evaluated. Appendix C to NFPA 805 and Appendix D toNEI 04-02 contain detailed discussions that are useful in determining what fire models to useand applying those fire models within their limitations.The NRC's Office of Nuclear Regulatory Research (RES) and the Electric Power ResearchInstitute (EPRI) are currently developing verification and validation (V&V) documents forspecific fire models. The specific fire models documented are (1) NUREG-1805, "FireDynamics Tools (FDT s)," (2) Fire-Induced Vulnerability Evaluation (FIVE), Revision 1, (3) theNational Institute of Standards and Technology (NIST) Consolidated Model of Fire Growth andSmoke Transport (CFAST), (4) the Electricité de France (EdF) MAGIC code, and (5) the NISTFire Dynamics Simulator (FDS).Licensees may propose the use of fire models that have not been specifically verified andvalidated by the NRC; however, licensees are responsible for providing verification andvalidation of these fire models. These V&V documents are subject to NRC review and approval,in accordance with 10 CFR 50.48(c)(4). Licensees' analyses will be subject to review by NRR todetermine if the models and methods used are appropriate for the specific scenarios and tomake certain that the safety goals are met. Any fire model applied to the change evaluationprocess should conform to NFPA 805 requirements, and the licensee should ensure that theapplied model meets those requirements.

174.3Fire Probabilistic Safety Assessment/Risk AnalysisSection 2.4.3.3 of NFPA 805 requires that the probabilistic safety assessment approach,methods, and data be acceptable to the AHJ. Methods previously reviewed by the NRCfor the fire PSA should continue to be acceptable when used within the appropriate boundsand limitations of the particular method. To the extent that the NRC finds certain PSA methodsacceptable for use in meeting NFPA 805 requirements, licensees should justify the methodsthat are appropriate for the specific applications. These analyses may use screening methods ormore complex quantitative PSA methods, depending on the specific conditions of the scenario beingevaluated. Appendix D to NFPA 805 provides useful information for implementing therequirements of NFPA 805; specific guidance contained within this appendix is acceptable tothe staff for the use and application of PSA, when applied in accordance with the positionspresented in Section C of this regulatory guide.When licensees choose to rely on information in an internal events-basedPSA/probabilistic risk assessment (PRA) model to quantify risk associated with fires,they should review the analysis to ensure that the model addresses applicable NFPA 805requirements, including the engineering analysis requirements of NFPA 805, Section 2.4.2. Section D.3.4 of Appendix D to NFPA 805 provides useful guidance regarding fire-specific issues thatshould be addressed when applying internal events-based analyses to the assessment of riskfrom fires. Based on the review, the licensee should modify its internal events-basedPSA/PRA model, as necessary, to meet applicable NFPA 805 requirements. The conditionalcore damage probability demonstrated by a plant's individual plant examination of externalevents (IPEEE), or the internal events PRA model supporting the plant's IPEEE, may beconservative since, in some cases, credit may not be taken for potential safe shutdown/coredamage avoidance paths beyond Appendix R.Where licensees choose to rely on past fire protection PSA (e.g., IPEEE for fires),the licensees should review these past analyses to determine their continued applicability andadequacy (e.g., inputs, assumptions, data) in meeting the NFPA 805 requirements. Licenseesmay reconsider scenarios previously screened from analysis, if changes associated with NFPA805 implementation or compliance alter the scope of the original analysis or the screeningconclusions. Some detailed fire PRAs implicitly model failure of fire detectors andmanual/automatic suppression per fire area and scenario when assigning the fire initiationfrequency to that particular scenario. If so, any "modification factor," typically called a "severityfactor" and employed to compensate for the fire initiation frequency not implicitly accounting fordetection or suppression, should not include considerations of these to avoid any non-conservative double-counting.RES and the EPRI are currently developing fire PRA methods, tools, and data tosupport risk assessments. This work is currently documented in draft NUREG/CR-6850 andEPRI 1008239, "EPRI/NRC-RES Fire PRA Methodology for Nuclear Power Facilities," and isundergoing public review and appropriate revision. The revised version of this document willprovide an acceptable basis to perform fire risk analyses, subject to final review, if needed, and approval by the NRC's Office of Nuclear Reactor Regulation. The NRC plans to revise thisregulatory guide in the future to endorse specific risk assessment methods for use in implementing NFPA 805.

18 D. IMPLEMENTATIONThe purpose of this section is to provide information to licensees regarding the NRC's plansfor using this regulatory guide.Except in those cases in which a licensee proposes or has previously establishedan acceptable alternative method for complying with specified portions of the NRC's regulations, theNRC staff will use the methods described in this guide to evaluate licensee compliance withthe requirements of 10 CFR 50.48(c). Regulatory AnalysisThe NRC staff did not prepare a separate regulatory analysis for this regulatory guide. The regulatory basis for this guide is the regulatory analysis prepared for the amendmentsto 10 CFR Part 50, "Voluntary Fire Protection Requirements for Light-Water Reactors; Adoptionof NFPA 805 as a Risk-Informed, Performance-Based Alternative," issued on June 16, 2004 (see69 FR 33536), which examines the costs and benefits of the rule as implemented by this guide. A copy of this regulatory analysis is available for inspection and may be copied for a fee at theNRC's Public Document Room located at One White Flint North, 11555 Rockville Pike, Room O1-F15,Rockville, Maryland.Backfit AnalysisAs stated in the backfit analysis for the rulemaking (see 69 FR 33536), the rulemaking doesnot involve a backfit because it does not impose new regulatory requirements. Further, theadoption of NFPA 805 by a licensee is voluntary. Similar to the rule, this regulatory guide does notinvolve a backfit because it does not impose requirements on the licensees.

19REFERENCESBTP APCSB 9.5-1, "Guidelines for Fire Protection for Nuclear Power Plants," Branch TechnicalPosition, Auxiliary Power Conversion Systems Branch, U.S. Nuclear Regulatory Commission,May 1, 1976.GL 86-10, "Implementation of Fire Protection Requirements," Generic Letter, U.S. NuclearRegulatory Commission, April 24, 1986.IN 92-18, "Potential for Loss of Remote Shutdown Capability During a Control Room Fire,"Information Notice, U.S. Nuclear Regulatory Commission, February 1992.NEI 00-01, "Guidance for Post-Fire Safe-Shutdown Analysis," Revision 1, Nuclear EnergyInstitute, January 2005.NEI 04-02, "Guidance for Implementing a Risk-Informed, Performance-Based Fire ProtectionProgram Under 10 CFR 50.48(c)," Revision 0, Nuclear Energy Institute, April 2005.NFPA 805, "Performance-Based Standard for Fire Protection for Light-Water Reactor ElectricGenerating Stations," 2001 Edition, National Fire Protection Association, Quincy, MA.NUREG-0800, "Standard Review Plan for the Review of Safety Analysis Reportsfor Nuclear Power Plants," Section 9.5.1, "Fire Protection Program," October 2003.NUREG-1600, "General Statement of Policy and Procedure for NRC Enforcement Actions,"May 1, 2000.NUREG-1778, "Knowledge Base for Post-Fire Safe-Shutdown Analysis," Draft for Comment,January 2004.NUREG-1805, "Fire Dynamics Tools (FDT s) Quantitative Fire Hazard Analysis Methods for theU.S. Nuclear Regulatory Commission Fire Protection Inspection Program," Draft Report forComment, Volumes 1 and 2, June 2003.Regulatory Guide 1.106, "Thermal Overload Protection for Electric Motors on Motor-OperatedValves," November 1975.Regulatory Guide 1.174, "An Approach for Using Probabilistic Risk Assessment in Risk-Informed Decision on Plant-Specific Changes to the Licensing Basis," Revision 1,November 2002.Regulatory Guide 1.189, "Fire Protection for Operating Nuclear Power Plants," April 2001.RIS 2004-03, "NRC Regulatory Issue Summary 2004-03: Risk-Informed Approach for Post-FireSafe-Shutdown Associated Circuit Inspections," March 2, 2004.SECY-98-058, "Development of a Risk-Informed, Performance-Based Regulationfor Fire Protection at Nuclear Power Plants," March 26, 1998.

20SECY-00-0009, "Rulemaking Plan, Reactor Fire Protection Risk-Informed, Performance-BasedRulemaking," January 15, 2000.SECY-02-132, "Proposed Rule: Revision of 10 CFR 50.48 to Permit Light-Water Reactorsto Voluntarily Adopt National Fire Protection Association (NFPA) Standard 805, 'Performance-Based Standard for Fire Protection for Light-Water Reactor Electric Generating Plants,' 2001Edition (NFPA 805), as an Alternative Set of Risk-Informed, Performance-Based Fire ProtectionRequirements," July 15, 2002.SECY-04-0050, "Final Rule: Revision of 10 CFR 50.48 to Allow Performance-BasedApproaches Using National Fire Protection Association (NFPA) Standard 805 (NFPA 805),'Performance-Based Standard for Fire Protection for Light-Water Reactor Electric Generating Plants,'2001 Edition," March 29, 2004.U.S. Code of Federal Regulations , Title 10, Energy, Part 50, "Domestic Licensing ofProduction and Utilization Facilities."U.S. Code of Federal Regulations , Appendix A, "General Design Criteria for Nuclear PowerPlants," to Title 10, Part 50, of the U.S. Code of Federal Regulations

.U.S. Code of Federal Regulations , Appendix R, "Fire Protection Program for Nuclear PowerFacilities Operation Prior to January 1, 1979," to Title 10, Part 50, of the U.S. Code of FederalRegulations

.U.S. Code of Federal Regulations , Title 10, Section 50.48, "Fire Protection."U.S. Nuclear Regulatory Commission, "Voluntary Fire Protection Requirements for Light-Water Reactors; Adoption of NFPA 805 as a Risk-Informed, Performance-Based Alternative,"Proposed Rule, Federal Register, Vol. 67, No. 212, November 1, 2002, pp. 66578-66588.U.S. Nuclear Regulatory Commission, "Voluntary Fire Protection Requirement for Light-WaterReactors; Adoption of NFPA 805 as a Risk-Informed, Performance-Based Alternative,"Final Rule, Federal Register, Vol. 69, No. 115, June 16, 2004, pp. 33536-33551.U.S. Nuclear Regulatory Commission, "NRC Enforcement Policy," Policy Statement: Revision,Federal Register, Vol. 69, No. 115, June 16, 2004, pp. 33684-33685.GLOSSARYNFPA 805, Section 1.6, contains definitions applicable to terminology used in the standard. Regulatory Guide 1.189 also contains a substantial list of definitions of fire protection terminologyapplicable to nuclear power generating stations. Where potential differences or conflicts existbetween definitions in NFPA 805 and other fire protection regulatory documents, and wherethese definitions are important to the licensing basis, the licensee's documentation should clearlyidentify the definition that is being applied.