ML20216H202

Proposed Rule 10CFR50, Elimination of Requirement for Noncombustible Fire Barrier Penetration Seal Materials & Other Minor Changes. Rule Would Remove Requirement That Fire Barrier Penetration Seal Matls Be Noncombustible

ML20216H202
Person / Time
Issue date:	08/18/1999
From:	NRC
To:
References
FRN-64FR44860, RULE-PR-50 PR-990818, NUDOCS 9910010320
Download: ML20216H202 (6)

Text

E 44860 t

Proposed Rules adwai ns i-Vol. 64, No.159 Wednesday, August 18,1999 This section of the FEDERAL REGISTER about the interactive rulemaking site. III. Discussion contains notices to the public of the proposed contact Ms. Carol Gallagher at 301--415-issuance of rules and regulations. The 2. Fire Barrier Penetration Seals 5905; or by e-mail at CAG@nrc. gov.

purpose of these notices is to giveinterested Comments received may also be viewed Appendix R. Section 11LM currently persons an opportunity to participate in the and downloaded electronically at this states: " Penetration seal designs shall rule making prior to the adoption of the final utilize only noncombustible materials

'""' Web site.

Single copies of NUREG-1552, " Fire and shall be qualified by tests that are Barrier Penetration Seals in Nuclear comparable to tests used to rate fire NUCLEAR REGULATORY Power Plants," and NUREG-1552, barriers." The NRC is proposing to COMMISSION Supp.1, which are related to this amend Appendix R, Section IILM, by rulemaking, may be obtained by writing removing the words "shall utilize only 10 CFR Part 50 to U.S. Nuclear Regulatory Commission, noncombustible materials and . . ."

Reproduction and Distribution Services The technical basis fw removing the 3%AG22 Section, OCIO, Washington, DC 20555- noncombustibility requirement for fire 0001; or by fax at 301-415-5272. er pe e ti n a ae ss Elimination of the Requirement for Noncombustible Fire Barrier FOR FURTHER INFORMATION CONTACT:

i55 P '

Penetration Seal Materials and Other Daniele Oudinot. Office of Nuclear g{ tb te i{ basis for this Minor Changes Reactor Regulation U.S. Nuclear action follows.

Regulatory Commission, Washmgton' NRC requirements and guidelines for ATENCY: Nuclear Regulatory DC 20555-0001, telePh one 301-415-Commission- penetration seals appear in a number of 3731; e-mail DHO@nrc. gov documents, in 1971, the NRC ACTION: Proposed rule- SUPPLEMENTA" WFORMATION: promulgated General Design Criterion

SUMMARY

The Nuclear Regulatory I. Backgrou 4 (GDC) 3," Fire protection " and Commission (NRC)is proposing t subsequently developed, specific The NRC conducted a technical guidance for implementing GDC 3, amind its fire protection regulations t assessment of fire barrier penetration rrmove the requirement that fire barrier seals. The NRC documented the results Branch Technical Position (BTP) ,

penetration seal materials be Auxiliary Power Conversion Systems i e Branch (APCSB) 9.5-1, " Guidelines for noncombustible, and to make other minorchan es osed rule f its asses]a#

chm,co in

.ssment SECY-96-146' of Fim Barner Fire. Protection for Nuclear Power l would also fac.Thelude edit $ rial changes to Penetrauon Seak in Nuclear Power Plants," May 1,1976; and Appendix A Plants, July 1,1%6; in NUREG-1552, to BTP APCSB 9.5-1," Guidelines for comply with the Presidential e Wtion Seals in mimorandum dated June 1,1998, Fire Protection for Nuclear Power Plants Nuclear Power Plants, July 1996; and Docketed Prior to July 1,1976,"

sntitled " Plain Lan8",8 i in NUREG-1552, Supplement 1. January February 24,1977. Most licensees -

Government Writing. 1999. In these reports, the NRC stated lied with most of the ,

DATES: Submit comments by November that, on the basis ofits findings, the comfementing imp guidance. To resolve the 1,1999. Comments received after this noncombustibility criterion for contested issues, the NRC published the date will be considered,1f it is practical penetration seal materials that is final fire protection rule (S 50.48) and to do so, but the Commission is able to specified in the NRC fire protection Appendix R to 10 CFR Part 50 on assure consideration only for comments repdation and review guidance does not November 10,1980 (45 FR 76602). It is

- rec 2ived on or before this date. ccWbute significantly to safety, and important to note that Appendix R is ADDRESSES: Mail comments to Tbe recommended that this not a get of generically applicable fire Secretary of the Commission U.S. noncombustibility criterion be deleted. protedtion requirements and applies Nuclear Regulatory Commission. only to plants that were operating before W:tshington. DC 20555-0001. Attention: II. Proposed Action January 1,1979.

Rulemakings and Adjudications Staff, The NRC is proposing to amend the The record for Appendix R does not Mail Stop O-16C1. regulations governing fire protection in disclose technical basis for including Deliver comments to One White Flint S 50.48, and Appendix R to Part 50 of the noncombustibility criterion in North,11555 Rockville Pike, Rockville, Title 10 of the Code of Federal Appendix R. The noncombustibility M:ryland. 20852, between 7:30 a.m. and Regulations (Appendix R). The criterion is not included in BTP APCSB 4:15 p.m. on Federal workdays. proposed amendments would remove 9.5-1, Appendix A to BTP APCSB 9.5-Copies of comments received may be the words "shall utilize only 1, or in the industry fire endurance test examined at NRC Public Document . noncombustible materials and" in 10 stadards. Also, S 50.48 does not

! Room,2120 L Street, NW (Lower Level), CFR Part 50 Appendix R.Section III.M, address the use of combustible

! Washington, DC. " Fire Barrier Cable Penetration Seal materials. Although GDC 3 states that i

You may also submit comments via Qualification;" remove footnote 3 from noncombustible and heat-resistant cq the NRC's interactive rulemaking Web 5 50.48(a); remove footnote 4 from materials must be used wherever

$ 50.48(b); remove $$ 50.48 (c), (d), and n sit a through the NRC

/ruleforum.llnl.govx This home page <httfe:s/

site provic (e); correct a spelling error in footnote practical, use of combustibleGDC 3 does materials. not In fact, preclud J

th> availability to upload comments as 2 of Appendix R.Section III.G., " fire combustible materials are installed in fills (any format), if your Web browser protection of safe shutdown capability;" nuclear power plants. In general, when supports that function. For information , and make editorial changes. these materials are incorporated as 99tootoaao 990sts PDR PR So 64FR4486o PDR

s Federal Register /Vol. 64, No.159/ Wednesday, August 18,1999/ Proposed Rules 44861 integral components of the plant fire throughout the commercial nuclear but typically include a number of other protection program, including the fire power industry. In presenting the guidance documents that the NRC hazard analysis, they are acceptable. results of its evaluation in NUREG-1552 issued after it promulgated S 50.48. In Fire barrier penetration seals are one and in NUREG--1552, Supplement 1, the addition, the licensees included the fire protection licensing basis for each element at of the nuclear power defense-in plants. depth concept The objectives NRC (1) Properly concluded tested, configure the following: d, reactor in the Updated Final Safety of the defense-in-depth concept are to: installed, and maintained silicone-based Analysis Report for the facility.

(1) Prevent fires from startin penetration seals are not credible fire Footnotes 3 and 4 have served their (2) Promptly detect, control,g; d an hazards. purpose and are not needed by the NRC extinguish those fires that do occur; and (2) Despite the fact that a silicone- or the licensees to maintain the fire (3) Protect structures, systems, and based penetration seal could contribute protection licensing bases for the components important to safety so that some fuel to a fire,its relative reactors.

a sire that is not extinguished promptly contribution to overall fire severity The proposed rule change would not will not prevent the safe shutdown of would be negligible. affect or change the licensing basis for the plant. (3) Quahned silicone-based fire any plant. However, it would make 10

- To achieve defense in depth, each barrier penetration seals can accomplish CFR 50.48 consistent with other reactor operating reactor maintains an NRC- their intended design function; and regulations that do not identify approved fire protection program. (4) The benefits of the silicone-based guidance documents. It would also Nuclear power plants are divided into penetration seal materials outweigh any eliminate the need to update the separate areas by structural fire barriers, potential concerns regarding material footnotes to include the large number of such as walls and floor-ceiling combustibility. guidance documents that the NRC has assemblies whose fire-resistance rating, issued since it promulgated S 50.48 and 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 2. Footnotes 3 and 4 in 550.48 to conduct future rulemakings to add by testing. The function of these Footnote 3 in S 50.48(a) states that new guidance docuuents as they are structural barriers is to prevent a fire basic fire protection guidance for issued. The proposed change would also that starts in one area from spreading to nuclear power plants is contained in resolve an inconsistency between the another area. Penetration seals are used two NRC documents: Branch Technical information in footnote 3 to 6 50.48 and to close openings through the structuraj P sition (BTP) Auxiliary Power

, the regulatory requirements of fire barriers. The intended design Conversion System Branch (APCSB) 9.5-1, " Guidelines for Fire Protection $ 50.34(g)(1)(ii). Specifically function of the penetration sealis to $ 50.34(g)(1)(li) states,in part, that confine a fire to tbarea in which it for Nuclear Power Plants"(for new " Applications for light water cooled started and to protect important P l ants docketed after July 1,197Fi), nuclear power plant construction equipment within an area from a fire dated May 1976, and Appendix A to permits, manufacturing licenses, and outside the area. As for other fire BTP APCSB 9,5-1," Guidelines for Fire prelimin or final design approvals for barriers, the fire, resistance rating of the Protection for Nuclear Power Plants standard ants docketed after May 17, penetration seals is determined by Docketed Prior to July 1,1976"(for 1982,sh include an evaluation of the testing. Pl ants that were operatmg or in various facility against the SRP * * *,"

The ability of a particular penetration stages of design or construction before whereas, footnote 3 indicates that the seal to achieve its intended design July 1,1976), da'.ed August 23,1976. fire protection portions of these function (i.e., to contain a fire), as Footnote 3 do refers to footnote 4 in applications would be reviewed against determined by a fire endurance test 6 50.48(b), that lists four additied BTP APCSB 9.5-1.

conducted in accordance with an documems related to permissible industry standard,is the foremost altematives to satisfy Appendix A to 3.1mplementation Requirementsin design consideration. In the report BTP APCSB 9.5-1. The six documems f 50.48 (c), (d), and (e) documenting the results of the fire that are referred to in footnotes 3 and 4 Paragraphs (c) and (d) of S 50.48 barrier penetration seal reassessment, no longer reflect accurately the guidance currently list schedule requirements documents published by the NRC. that were added to the Code of Federal the (1)NRC Thereconcluded theoffollowing:

are no reports fires t hat Footnotes 3 and 4 were not intendeil Regulationa when Appendix R became challenged the ability of nuclear power to be rulemaking requirements but effective on February 17,1981. These plant fire-rated penetration seals to rather statements of fact. The footnotes requirements apply to nuclear power confine a fire. reflected the Commission's approval of plants licensed before January 1,1979, (2) A large body of fire endurance the NRC staff's practice, as reflected in and involve fire protection installation tests had established the fire-resistive Branch Technical Position (BTP) APCSB modifications, revisions of capabilities of the penetration seal 9.5-1 and in its Appendix A, that the administrative controls, manpower materials, designs, and configurations date of the docketing of the construction changes, and training. These installed in nuclear power plants. permit would determir.e the NRC staff's requirements were to be completed on (3)If penetration seals are properly review criteria for verifying compliance a schedule determined by the provisions designed, tested, configured, installed, with General Design Criterion (GDC) 3, specified in 5 50.48 (c) and (d). All inspected, and maintained, there is and that compliance with the guidance schedular requirements of 5 50.48 (c) reasonable assurance that they will of BTP APCSB 9.5-1 orits Appendix A and (d) have been implemented and provide the fire resistance of the tested and the otherlisted guidance need not be retained.

configuration, maintain the fire-resistive documents would establish compliance Paragraph (e) of 6 50.48 currently integrity of the fire barriers in which with GDC 3. The NRC has completed its specifies that nuclear power plants they are installed, and confine the fire review of the fire protection programs at licensed after January 1,1979, shall to the area of origin. all operating reactors and has issued complete all fire protection The NRC evaluated silicone-based license conditions that establish the modifications needed to satisfy GDC 3 penetration seal materials that are licensing bases for each reactor. The of Appendix A to 10 CFR Part 50 in combustible and are the most widely licensing bases may include the accordance with the provisions of their used materials for penetration seals documents listed in footnotes 3 and 4 licenses. License conditions pertaining

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44862 Federal Register /Vol. 64, No.159/ Wednesday, August 18.1999/ Proposed Rules to fire protection have been 2. Needfor the Rulemaking Action the seals are qualified by fire endurance implemented at all plants. Therefore- The technical basis for removing the tests conducted in accordance with an

$ 50.48(e) has been implemented and noncombustibility requirement for fire industry standard. Under the current need not be retained. rule, licensees who choose enetration barrier penetration seal materials is

4. Grammatical Correction ent NU 15 re (*,althIre lace nt of xistin seals or Footnote 2 to Section III.G.3 of the instal ation of new seals must Power Plants," July 1996; and in Appendix R currently reads. NUREG-1552, Supplement 1, January request exemptions from the

" Alternative shutdown capability is requirement of Section III.M of 1999. In these reports, the NRC staff provided by rerouting, relocating, or stated that the noncombustibility A pe dix R to the extent that the modificating of existing systems; criterion for penetration seal materials sificone-based matenal is combustible.

dedicated shutdown capability is These requests for exemption would specified in the NRC fire protection increase the regulatory burden on both provided by installing new structures regulations and review guidance does the NRC and on the licensees, and and systems shutdown." foramendment This the functionwould of post-fire not contribute significantly to safety and w uld present no safety benefit. No recommended that this acti replace the words "modificating of" gu a 8 8 he noncombustibility criterion be deleted. g g f 99 n 0 48 footnot with modifying. In a staff requirements memorandum S 50.48 (b), and SS 50.43 (c), (d), and (e) .

IV. Plain Language dated June 30,1998, the Commission would have a negative regulatory impact directed the NRC staff to amend Section for the following reasons. Footnotes 3 The Presidential memorandum dated III.M of Appendix R to Part 50 of Title June 1,1998, entitled, " Plain Language and 4 in S 50.48 are inaccurate and 10 of the Code of Federal Regulations incomplete. In addition, the information in Government Writing," directed that (Appendix R) to eliminate the in footnote 3 is inconsistent with the the Federal Government's writing be m, noncombustibility requirement for regulatory requirements contained in plain language (63 FR 31883 June 10, ,

penetration seal matenal and to make 5 50.34(g)(1)(ii). The requirements in 1998). In compliance with this directive, other minor changes to the fire . SS 50.48 (c), (d), and (e) have been ,

editorial changes have been made in protection regulations. These minor implemented and need not be retained. l these proposed amendments to improve changes include the deletion of No regulatory action regarding the the readability of the existing language references that no longer reflect correction of a grammatical error in of the provisions being revised. These accurately the guidance documents footnote 2 to Section III.G.3 of Appendix types of changes are not discussed published by the NRC in footnotes 3 and R to Part 50, which is administrative in l further in this document. The NRC 4 of S 50.48. the deletion of schedular nature, would not have any regulatory requests comments on this proposed requirements that have been impact.

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rule specifically with respect to the implemented in S 50.48(c) and (d), and clarity and effectiveness of the language a grammatical correction in footnote 2 to 4. Environmentallmpacts of the used in this notice. Comments on the Section III.G.3 of Appendix R.The NRC Proposed Amendment and the language used should be sent to the is also taking advantage of this Alternative NRC as indicated under the ADDRESSES rulemaking to make editorial changes to The environmentalimpacts of the heading. comply with the Presidential proposed amendment, as well as the mem randum dated June 1,1998, alternative, are considered negligible by V. Finding of No Significant EnvironmentalImpact entitled, " Plain Language in the NRC. The NRC has determined that ,

Government Writing." The proposed the ability of a particular penetration l Environmental Assessment change would remove a requirement seal to achieve its inter'ded design l The NRC has determined,in . that does not contribute significantly to function (i.e., to contain a fire), as -

safety. It constitutes a burden reduction determined by a fire endurance test accordance with th,e National for the NRC and for the licensees. conducted in accordance with an Environmental Pohcy Act of 1969, as industry standard, is the foremost amended, and the Commission's 3. "No Regulatory Action" Alternatn.e design consideration. The proposed regulations in Subpart A of 10 CFR Part No regulatory action would continue amendment would not impact the 51, that the proposed amendments, if the regulatory burden on licensees and ability to shut down the plant safely in adopted, would not be a major Federal on the NRC. Silicone-based material is the event of a fire and would provide a action significantly affecting the guality currently the material of choice for fire level of safety equivalent to that attained i of the human environment; there. ore, an barrier penetration seals and is by compliance with Section III.M of environmental impact statement is not combustible. The NRC has performed an Appendix R to 10 CFR Part 50. There is required, assessment of silicone-based penetration no environmentalimpact associated

2. The Proposed Action seal materials and concluded that the with the other changes which are benefits of the silicone-based materials administrative in nature. On this basis, The NRC is proposing to amend its in penetration seals, such as high- the NRC concludes that there are no regulations that require fire barrier temperature stability, flexibility, and radiological environmental impacts penetration seal materials to be resistance to the effects of radiation associated with this proposed noncombustible and to make minor exposure and aging, outweigh any amendment. If no regulatory action were ,

changes to S 50.48 and to Appendix R. potential concerns regarding material taken in regard to the noncombustibility These minor changes are to remove combustibility. In the past, licensees requirement of Section Ill.M of footnote 3 from $ 50.48(a) and footnote using silicone-based penetration seal Appendix R there would be no 4 from S 50.48(b); remove paragraphs materials have requested and been radiological environmental impact, the (c), (d), and (e) from S 50.48; correct a granted exemptions from the same as the proposed r.ction. No ,

grammatical error in footnote 2 to requirement of Section III.M of regulatory action regarding the changes t Section III.G.3 of Appendix R; and make Appendix R to Part 50, regarding the use in S 50.48 (and the correction of an error  !

editorial changes. of noncombustible materials, provided in footnote 2 to Section Ill.G.3 of I

l l

i Federal Register /Vol. 64, No.159/ Wednesday, August 18,1999/ Proposed Rules 44863 Appendix R. which is admir>istrative in materials be noncombustible. In 6. Decision Rationale nature) would have no radiological addition, this rule would remove certain impact on the environment. parts of 6 50.48 correct a rammatical The NRC reviewed the requirement of With regard to potential error in Appendix R. and make editorial Se tion III.M of Appendix R during its nonradiologicalimpacts, the proposed changes reassessment of fire barrier penetration amendment does not affect seals and determined that this nonradiological plant effluents and has 3. Altem tive requirement does not contribute no other environmentalimpact. The alternative of no regulatory action sigmficantly to safety. The removal of Therefore, the NRC concludes that there would continue the unnecessary the requirement of Section III.M would are no significant nonradiological regulatory burden on licensees and on reduce the regulatory burden on the environmentalimpacts. associated with the NRC. Licensee without reducing safety. In the proposed amendment. addition. the proposed rule would make

4. Consequences the following minor changes: remove

5. List of Agencies and Persons Removing the requirement that fire footnote 3 from 6 50.48(a) and footnote Consulted barrier penetration seal materials be 4 from 9 50.48(b); remove paragraphs Much of the technicalinformation noncombustible from Section III.M of (c), (d), and (e) from S 50.48; correct .an required for this rulemaking was Appendix R to Part 50 would lessen the error in footnote 2 to Section III.G.3 of obtained directly from technical experts unnecessary regulatory burden on Appendix R: and make editorial changes within the NRC. No other agencies were licensees and on the NRC staff. It would to comply with the Presidential consulted in preparing this allow licensees to use combustible memorandum dated June 1,1998, environmemal assessment, materials in penetration seals without entitled, " Plain Language in requesting an exemption from the Government Writing." The other VI. Paperwork Reduction Act requirement in Section III.M of changes as discussed above would not State. ment Appendix R regarding the change the regulatory burden on the This proposed rule does not contain noncombustibility of penetration seal licensees and do not affect safety.

a new or amended information materials, provided the seals are qualified by fire endurance tests VIII. Regulatory Flexibility Act collection requirement subject to the Certification Paperwork Reduction Act of 1995 (44 comparable to those used to rate fire.

U.S.C. 3501 et seq.). Existing barriers and conducted in accordance As required by the Regulatory requirements were approved by the with an industry standard. The other Flexibility Act of 1980 (5 U.S.C. 605(b)),

Office of Management and Budget, minor changes are administrative and the Commission certifies that this approval number 3150-0011, would not affect the regulatory burden proposed rule if adopted would not on licensees. have a significant impact on a Public Protection Notification . substantial number of small entities.

5. Value Impact Analysis If a means used to im ose an lant licensees do not information collection foes not display The value (benefit) and impact (cost) Nuclear fall withinpower the [efinition of small

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a currently valid OMB control number. f the proposed changes are estimated businesses as defined in Section 3 of the the NRC may not conduct or sponsor, below. Section IILM of Appendix R to Small Business Act (15 U.S.C. 632) or and a person is not required to respond to CFR Part 50 applies to the plants that the Commission's size standards at to to, the information collection. were operating before January 1,1979, CFR 2.810 (60 FR 18344; April 11, and had open items when Appendix R 1995).

VII. Regulatory Analysis was published. As detailed in NUREG- .

1552, Supplement 1.Section III.M of IX. Backfit Analysis The NRC has prepared the following regulatory analysis for the proposed Appendix R applies to 5 operating The NRC has determined that these rule, reactors. In order to estimate the benefit amendments do not involve any of the proposed change, the NRC provisions that would impose backfits

2. Statement of the Problem assumed that the licensees for these because it does not meet the definition The NRC is proposing to amend its plants may replace some of their of backfit contained in S 50.109(a)(1) for regulations regarding the requirement penetration seals with penetration seals the following reasons. The removal of for fire barrier penetration seal materials made of silicone-based combustible the requirement that fire barrier to be noncombustible and is also material and that these licensees request penetration seals be noncombustible is proposing to make minor changes to an exemption from the technical a permissive relaxation of an existing 9 50.48 and to Appendix R to 10 CFR requiremema of Section III.M of requirement and does not constitute Part 50. The proposed changes would Appendix R. Labor cost is $145/hr for a imposition of a new requirement. The remove footnote 3 from 9 50.48(a) and power reactor licensee and $75/hr for removal of footnotes 3 and 4 from footnote 4 from S 50.48(b); remove NRC. The change to Section III.M of S 50.48 does not affect the licensing paragraphs (c), (d), and (e) from $ 50.48: Appendix R would save licensees the basis for existing plants, does not correct a grammatical error in footnote cost of preparing an exemption request constitute a change in design 2 to Section IILG.3 of Appendix R: and and would save the NRC the cost of requirements for existing plants, and is make editorial changes to comply with preparing a safety evaluation and not applicable to future plants. The the Presidential memorandum dated processing the request. Assuming a cost schedular requirements contained in June 1,1998, entitled, " Plain Language saving of approximately $7500 for paragraphs (c) and (d) of S 50.48 apply in Government Writing." licensees and approximately $2500 for to plants licensed before February 17, NRC for each exemption request, the 1981, and have been implemented at

2. Objectives of the Rulemakm.g total cost saving, from the change to these plants. The requirements The main objective of the proposed Section III.M would be approximately contained in paragraph (e) of 9 50.48 rule is to remove the requirement of $50,000. There would be no benefit or apply to existing plants and have been Section III.M of Appendix R to 10 CFR cost associated with the o'her proposed implemented at all applicable plants.

Part 50 that fire barrier penetrauon seal changes. Therefore, the removal of paragraphs (c),

44864 F:d rd Regist:r/Vol. 64 No.159/ Wednesday, August 18,1999/ Proposed Rules (d), and (e) from 9 50.48 does not affect PART 50--DOMESTIC LICENSING OF important to safety so that the capability the licensing basis and does not PRODUCTION AND UTILIZATION to shut down the plant safely is ensured.

constitute a change in design or optional FACILITIES (3) The licensee shall retain the fire l requirements for these plants. The .

protection plan and each change to the correction of a grammatical error in 1. The authority citation for Part 50 plan as a record until the Commission continues to read as follows: terminates the reactor license. The footnote 2 to Section Ill.G.3 of Appendix R and the changes in the language of Authority: Sees. 102.103,104.105.161, licensee shall retain each superseded 182.183.186.189. 68 Stat. 936,937,938, revision of the procedures for 3 years S 50.48 in accordance with the 948,953.954,955.956 as amended, sec. from the date it was superseded. I Executive Order on Plain English are " (b) Appendix R to this part establishes j administrative changes that do not N3$33.23.213.22012232 23 ' .

change any requirement and need not be 2236. 2239. 2282h secs. 201, as amended, fire },rotection features required to 202. 206. 88 Stat.1242, as amended.1244, satisfy Criterion 3 of appendix A to this considered in this backfit determination. For the reasons stated 1246 (42 U.S.C. 5841,5842. 5846). pan with respect to certam genenc Section 50.7 also issued under Pub. L 95 Issues for nuclear power plants licensed above, a backfit analysis need not be 601, sec.10,92 Stat. 2951 (42 U.S.C. 5851). to operate before January 1,1979.

Prepared. Section 50.10 also issued under secs.101. (1) Except for the requirements of X. Voluntary Consensus Standards 185. 68 Stat. 955 as amended (42 U.S.C. 2131. Sections III.G, III.J, and III.O. the 2235). sec.102. Pub. L 91-190. 83 Stat. 853 provisions of appendix R to this part do The NationalTechnology Transfer Act (42 U.S.C. 4332). Sections 50.13, 50.54(dd)- not apply to nuclear power plants of 1995. Pub. L.104-113 requires that and 50.103 also issued under sec.108. 68 licensed'to operate before January 1.

93 as "d'd (4 S 21 8) 1979, to the extent that-Federal agencies use technical standards (at[i,c jg 23 50 35. also ,

that are developed or adopted by issued under sec.185. 68 Stat. 955 (42 U.S.C. (i) Fire protection features proposed voluntary consensus standards bodies 2235). Sections 50.33a. 50.55a. and Appendix or implemented by the licensee have unless the use of such a standard is Q also issued under sec.102. Pub. L 91-190. been accepted by the NRC staff as inconsistent with applicable law or 83 Stat. 853 (42 U.S.Q. 4332). Sections 50.34 satisfying the provisions of appendix A otherwise impractical. The NRC and 50.54 also issued under sec. 204,88 Stat. to Branch Technical Position (BTP) 1245 (42 U.S.Q. 5S44). Sections 50.58,50 91. APCSB 9.5-1 reflected in NRC fire proposes to delete the Government-

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Protection safety evaluation report unique standard in to CFR Part 50. 3g 2073 2 S 2239)' e i o 78 Appendix R.Section III.M. which usud We b dehe dam M also issued under sec.122. 68 Stat. 939 (42 requires that fire barrier penetration February 19,1981; or U.S.Q. 2152). Sections 50.80-50.81 also seals utilize only noncombustible issued under sec.184. 68 Stat. 954, as (ii) Fire protection features were ,

materials. The NRC is not aware that amended (42 U.S.Q. 2234). Appendix F also accepted by the NRC staff in deletion of this requirement is issued under sec.187. 68 Stat. 954 (42 U.S.Q. comprehensive fire protection safety inconsistent with any voluntary 2237). evaluation reports issued before

2. In 6 50.48. paragraphs (a). (b), and appendix A to Branch Techmcal consensus standard. The NRC will (f) are revised to read as follows: Posit'on (BTP) APCSB 9.5-1 was consider using a voluntary consensus '

an d P o e s an b 9 50.48 Fire protection. Ith respht t all other fire (2

dI Protection features covered by appendtx (a)(1) Each operating nuclear power standard is identified for consideration. R. all nuclear power plants licensed to plant must have a fire protection plan the submittal should explam. how the operate before January 1,1979, must that satisfies Criterion 3 of appendix A voluntary consensus standard supports to this part. This fire protection plan satisfy the applicable requirements of retention of the Government-unique must: appendix R to this part, including standard or is otherwise inconsistent (i) Describe the overall fire protection specifically the requirements of Sections with deletion of the requirement and program for the facility: III.G. IIIJ, and III.O.

why the voluntary consensus standard (ii) Identify the various positions

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should be used in lieu of implementing within the licensee's organization that (f) Licensees that have submitted the the action to delete the identified are responsible for the program: certifications required under Government unique standard. (iii) State the authorities that are S 50.82(a)(1) shall maintain a fire List of Subjects in 10 CFR Part 50 delegated to each of these positions to protection program to address the implement those responsibilities; and potential for fires that could cause the Antitrust, Classified information, (iv) Outline the plans for fire release or spread of radioactive Criminal penalties. Fire prevention, protection, fire detection and materials (i.e., that could result in a Intergovernmental relations. Nuclear suppression capability, and limitation of radiological hazard).

• power plants and reactors, Radiation fire damage. (1) The objectives of the fire j protection. Reactor siting criteria. (2) The plan must also describe protection program are to-Reporting and recordkeeping specific features necessary to implement . (i) Reasonably prevent such fires from requirements. the program described in paragraph occurring:

(a)(1) of this section such as- (ii) Rapidly detect, control, and For the reasons given in the preamble (i) Administrative controls and extinguish those fires that do occur and and under the authority for the Atomic personnel requirements for fire that could result in a radiological Energy Act of 1954, as amended, the prevention and manual fire suppression hazard; and Energy Reorganization Act of 1974, as activities: (iii) Ensure that the risk of fire-amended, and 5 U.S.C. 553, the NRC is (ii) Automatic and manually operated induced radiological hazards to the proposing to adopt the following fire detection and suppression systems; public, environment and plant amendments to 10 CFR Part 50. and personnel is minimized.

(iii) The means to limit ' ire damage to (2) The licensee shall assess the fire structures, systems, or components protection program on a regular basis.

m-Federal Register /Vol. 64, No.159/ Wednesday, August 18,1999/ Proposed Rules 44865 The licensee shall revise the plan as rppropriate throughout the various i stages of facility decommissioning.

(3) The licensee may make changes to the are protection am without NRC approvalif these do not reduce the effectiveness of fire protection for facilities, systems, and equipment that could result in a radiological hazard.

takinginto account the decommlasioulag plant conditions and activities.

' 3. In Appendix R. footnote 2 to

~Section m.G.3 and Section III.M are

- revised to read as follows:

Appendix R to Part 50-Fire Protection Program for Nuclear Power Facilities Operating Before January 1,1979 i

. . . . . I

m. specisc = 7-- -ts * *

• C***

3 Alternative of dedicated shutdown capability and its associated circuits.8 independent of cables, systems or ,

components in the area, room. zone under i consideration should be pmvided: * *

• s Alternative shutdown capability is provided by rerouting, selocating. or modifying existing systems: dedicated shutdown capability is provided by installing )

new structures and systems for the function  ;

cf post-fire shutdown j e . . . . 1 M. Fire bet rier cable penetration seal )

qualification Penetration seal designs must j be qualified by tests that are comparable to tests used to rate fire barriers The acceptance criteria for the test must include the i following:

1 The cable fire betrier penetration seal

- has withstood the fire endurance test without

- passage of flame or ignition of cables on the unexposed side for a period of time equivalent to the fire resistence rating j required of the barrier:

~ 2 The temperature levels recorded for the

- unexposed side are analyzed and demonstrate that the maximum temperature is sufficiently below the cable insulation ignition temperature: and

3. The fixe barrier penetration seal rernains Ltact and does not allow projection of water  !

- beyond the unexposed surface during the hose stream ti

' Dated at Rockville. Maryland, this 11th day of August. See9.

For the Nuclear Regulatory Commission.

Annette Vietti Cook.

Secretaryof the Commission.

[FR Doc 99-21396 Filed 8-17-99; 8:45 aml aILI.sdG Coon M41-7 l.

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