POLICY ISSUE 

INFORMATION 

May 20, 2009 SECY-09-0079

FOR: The Commissioners 

FROM: Eric J. Leeds, Director 

Office of Nuclear Reactor Regulation 

SUBJECT: CLOSING FIRE PROTECTION ISSUES—SEMIANNUAL UPDATE 

PURPOSE: 

To provide the Commission with the semiannual update on the U.S. Nuclear Regulatory 

Commission (NRC) staff’s plan for closing fire protection issues. 

BACKGROUND: 

In staff requirements memorandum (SRM) M080717 “Briefing on Fire Protection Issues,” dated 

July 29, 2008, the Commission directed the staff to provide a Fire Protection Closure Plan 

including milestones and deliverables. 

In response to the subject SRM, the staff prepared Commission paper SECY 08-0171, “Plan for 

Stabilizing Fire Protection Regulatory Infrastructure,” dated November 5, 2008. That 

Commission paper delineated eight tasks with associated steps and schedules that the staff 

plans to complete. The paper also included a commitment to provide semiannual updates on 

the status of these tasks to the Commission. This Commission paper provides the semiannual 

update on the tasks delineated in SECY 08-0171. 

DISCUSSION: 

Enclosure 1 to this paper summarizes the status of each of the eight tasks and the 

accomplishments and challenges identified since November 5, 2008. 

CONTACT: Daniel M. Frumkin, NRR/DRA 

 (301) 415-2280 
The Commissioners - 2 - 

Enclosure 2 provides the revised closure plan with markups of changes since the plan was 

published on November 5, 2008. 

Under Task 1, the NRC’s schedule to review Oconee’s license application to adopt 

10 CFR 50.48(c) – National Fire Protection Association (NFPA) 805 is expected to change by 

two quarters. This delay of a pilot plant application review is due to several issues, such as the 

lack of specificity on planned modifications and fire probabilistic risk assessment issues. The 

delay in issuance of the safety evaluation report for Oconee is expected to impact (delay) the 

submittal and, in turn, the review schedule of some of the amendments scheduled to follow the 

Oconee review. It should be noted that according to the interim enforcement discretion policy 

applicable to plants transitioning to NFPA 805, the non-pilots continue to be subject to 

enforcement discretion up to six months after the NRC staff reviews and publishes the safety 

evaluation report for the second pilot plant. 

COORDINATION: 

The Office of the General Counsel has reviewed this paper and has no legal objections. 

 /RA/ 

Eric J. Leeds, Director 

Office of Nuclear Reactor Regulation 

Enclosures: 

1. Summary of Status, Accomplishments, 

and Challenges Identified Since 

November 5, 2008 

2. Plan for Stabilizing Fire Protection 

Regulatory Infrastructure—Revision 1 
The Commissioners - 2 - 

Enclosure 2 provides the revised closure plan with markups of changes since the plan was 

published on November 5, 2008. 

Under Task 1, the NRC’s schedule to review Oconee’s license application to adopt 

10 CFR 50.48(c) – National Fire Protection Association (NFPA) 805 is expected to change by 

two quarters. This delay of a pilot plant application review is due to several issues, such as the 

lack of specificity on planned modifications and fire probabilistic risk assessment issues. The 

delay in issuance of the safety evaluation report for Oconee is expected to impact (delay) the 

submittal and, in turn, the review schedule of some of the amendments scheduled to follow the 

Oconee review. It should be noted that according to the interim enforcement discretion policy 

applicable to plants transitioning to NFPA 805, the non-pilots continue to be subject to 

enforcement discretion up to six months after the NRC staff reviews and publishes the safety 

evaluation report for the second pilot plant. 

COORDINATION: 

The Office of the General Counsel has reviewed this paper and has no legal objections. 

 

Eric J. Leeds, Director 

Office of Nuclear Reactor Regulation 

Enclosures: 

1. Summary of Status, Accomplishments, 

and Challenges Identified Since 

November 5, 2008 

2. Plan for Stabilizing Fire Protection 

Regulatory Infrastructure—Revision 1 

ADAMS Accession No.: ML091170129 *via email 

OFFICE NRR/DRA/AFPB NRR/DRA/AFPB Tech Editor* NRR/DRA RES* 

NAME DFrumkin AKlein (SWeerakkody for) KAzariah-Kribbs MCunningham CLui 

DATE 04/28/09 05/05/09 05/01/09 05/05/09 05/05/09 

OFFICE OE RIII * OGC NRR 

NAME SMagruder SWest BJones ELeeds 

DATE 05/05/09 05/04/09 04/30/09 05/ /09 

OFFICIAL RECORD COPY
 ENCLOSURE 1 

SUMMARY OF STATUS, ACCOMPLISHMENTS, AND CHALLENGES 

IDENTIFIED SINCE NOVEMBER 5, 2008 

Task 1: Stabilize the Regulatory Infrastructure Supporting Transition to Risk-Informed 

and Performance-Based Fire Protection Regulation (10 CFR 50.48(c) and NFPA 805)

Status: A delay of approximately two quarters to issue the Oconee safety evaluation report 

(SER) is likely. 

The current third quarter schedule for calendar year (CY) 2009 remains achievable for staff to 

review and publish a SER for Shearon Harris’ transition to 10 CFR 50.48(c) – National Fire 

Protection Association Standard 805 (NFPA 805). There is a possibility of a change to the 

fourth quarter of CY 2009 for the Harris SER. The Oconee SER schedule will likely be delayed 

by two quarters due to several issues including the lack of specificity on committed 

modifications, and technical fire probabilistic risk assessment (PRA) issues. The NRC staff 

plans to engage Oconee in the following ways: 

- increase senior management engagement with licensee’s senior management, and 

- perform additional site visits to clarify requests for additional information (RAIs) and 

expedite the RAI resolution process. 

The U.S. Nuclear Regulatory Commission (NRC) is also delaying updating Regulatory Guide 

(RG) 1.205, “Risk-Informed, Performance-Based Fire Protection for Existing Light-Water 

Nuclear Power Plants,” and providing clarifications to NUREG/CR-6850, “EPRI/NRC-RES Fire 

PRA Methodology for Nuclear Power Facilities,” issued September 2005, to the fourth quarter of 

CY 2009. The update of RG 1.205 and the clarification of issues related NUREG/CR-6850 are 

being delayed due to the complexity of several technical issues that emerged. These delays do 

not affect the pilot applications which have already been submitted. The new issues that arose 

during the pilot reviews may delay the non-pilot plants, but this delay will allow non-pilots to 

incorporate lessons learned from the new issues. Because delays in the review of the pilot 

applications automatically provide additional time for non-pilots to submit their license 

amendment requests (LARs), the delays related to RG 1.205 and NUREG/CR-6850 will not 

affect the non-pilot applications. 

The following key activities reflect significant staff accomplishments since November 5, 2008. 

• The staff completed the draft final triennial inspection procedure for NFPA 805 

plants. It has been placed on hold for pilot use until after the NRC issues the 

SERs for the pilots. 

• NUREG-0800, “Standard Review Plan for the Review of Safety Analysis Reports” 

(the Standard Review Plan), Section 9.5.1.2, “Risk-Informed, PerformanceBased Fire Protection Program,” has been published for public comment. 

• The staff issued the RG 1.205 update for public comment. 
- 2 - 

• The staff completed a regulatory audit in support of the review of Oconee’s LAR.

• The staff issued RAIs for the Oconee LAR.

• The staff completed a regulatory audit in support of the review of Harris’s LAR.

Challenges: Delays in the review and approval of the Oconee license amendment request is 

expected to impact the submittal and review schedule of some of the non-pilot plants’ LARs. It 

should be noted that according to the interim enforcement discretion policy applicable to plants 

transitioning to NFPA 805, the non-pilots have up to six months to submit their applications after 

the NRC reviews and publishes the SER for the second pilot plant. 

Task 2: Hemyc and MT Electrical Raceway Fire Barrier (ERFBS) 

Closure for Plants Transitioning to NFPA 805

Status: Completed 

The staff of the Office of Nuclear Reactor Regulation (NRR) has reviewed and approved license 

amendment and exemption requests from facilities not using the NFPA 805, “PerformanceBased Standard for Fire Protection for Light-Water Reactor Electric Generating Plants,” 2001 

Edition, and inspectors have confirmed that all non-805 licensees have completed the 

necessary modifications. Inspectors have also confirmed that all licensees addressing this 

issue through their transition to NFPA 805 have established compensatory measures. 

Challenges: None 

Task 3: Stabilize Regulatory Infrastructure to Resolve 

Fire-Induced Circuit Failure Issues

Status: Three to six month delay of intermediate goals. 

Based on requests from industry representatives, the staff determined that it would be more 

appropriate to tie the beginning of the enforcement discretion to the issuance of the final 

revision of RG 1.189, “Fire Protection for Nuclear Power Plants,” as opposed to the draft 

regulatory guide which documented the Commission-approved high-level method for resolving 

multiple spurious actuations (MSAs). This will delay the time for licensees to begin resolving 

issues related to circuit failures until the end of the third quarter of CY 2009. 

The Nuclear Energy Institute (NEI) had committed to revising NEI 00-01, “Guidance for 

Post-Fire Safe Shutdown Analysis,” issued October 2002, regarding MSAs by 

December 31, 2008. The NRC staff has not received the final revision. The following key 

activities reflect significant staff accomplishments since November 5, 2008. 

• NEI provided a draft version of NEI 00-01 (Revision 2c) in January 2009, and 

committed to provide a revised version of NEI 00-01, which will include the 

comments that the NRC provided to NEI by May 2009. 
- 3 - 

• The staff issued a draft guide 1214, which is an update to RG 1.189, which 

provides the high-level methodology for MSA analysis, for public comment.

The staff issued an enforcement guidance memorandum (EGM) for resolution of 

the MSAs. 

Challenges: The NRR staff has provided comments on the detailed industry methodology. 

The NRR staff and industry stakeholders met publically to address those comments and the 

industry is updating its guidance document. 

Task 4: Stabilize Regulatory Infrastructure to Resolve Post-Fire

Operator Manual Action Issues

Status: On schedule. 

Enforcement discretion on operator manual actions (OMAs) expired on March 6, 2009. 

Plants in transition to NFPA 805: Fifty-one units are closing this issue through their transition to 

NFPA 805. The staff plans to confirm resolution through the transition review. 

Plants not in transition to NFPA 805: Fifty-three units are not transitioning to NFPA 805 at this 

time. Of the 53 units, 12 units represented by 8 sites have recently applied for exemptions or 

license amendments. Enforcement discretion for these specific issues at the eight sites will 

continue during the staff review of amendment and exemption requests. The staff has already 

approved one previously submitted request for an exemption. The staff will complete the review 

of amendment and exemption requests by the end of the first quarter of CY 2010. 

Based on a survey done by NEI, the remaining non-NFPA 805 plants have addressed the OMA 

compliance issue through implementation of plant changes. The staff is developing a plan to 

confirm closure of OMAs for utilities that are not transitioning to NFPA 805 and that do not have 

an active licensing action. This plan will be completed in the second quarter of CY 2009. 

Challenges: The staff plans to verify that plants have appropriately dispositioned OMAs. This 

activity may result in additional staff actions in the event staff identifies inadequate closure of 

OMAs on the part of the licensee. The staff will take appropriate regulatory action for any 

inadequate closures of OMAs. 

Task 5: Assess Regulatory Effectiveness

Status: On schedule 

The NRR staff has identified three metrics to monitor fire safety and regulatory stability. The 

Office of Nuclear Regulatory Research staff and the NRR staff are working together to develop 

methods for reporting metrics on fires and inspection findings. The staff is working with NEI on 

procedures that the industry will use to provide data on the percentage of fire areas with longterm compensatory measures. 
- 4 - 

Challenges: Reporting data on long-term compensatory measures is not a requirement. If 

data provided by NEI is incomplete, the NRC staff will take additional measures to obtain data 

via other means. 

Task 6: Historical Lessons Learned From Fire Protection

Status: On schedule 

The NRR staff has compiled a list of documents to be evaluated to develop the historical 

lessons learned. 

Challenges: None 

Task 7: Exemption Database

Status: On schedule 

The NRR staff is working with the Office of Information Services to ensure that fire protection 

exemptions are made publicly available in the main library of the Agencywide Documents 

Access and Management System (ADAMS). The database will be created from the information 

in ADAMS. 

Challenges: None 

Task 8: Establish Reasonable Assurance That All Past

Regulatory Infrastructure Instabilities Are Identified

Status: On schedule 

The NRR staff has collected information from internal fire protection stakeholders regarding 

open fire protection issues. The staff has identified no safety-significant issues. 

Challenges: None 
Enclosure 2

PLAN FOR STABILIZING FIRE PROTECTION 

REGULATORY INFRASTRUCTURE 

Revision 1 

(Schedule changes since November 5, 2008, are highlighted in blue.) 
ACRONYMS

1Q ------------ first quarter 

2Q ------------ second quarter 

3Q ------------ third quarter 

4Q ------------ fourth quarter 

ADAMS--------Agencywide Documents Access and Management System 

CY ------------ calendar year 

CFR ---------- Code of Federal Regulations 

DRA------------Division of Risk Assessment 

EGM ---------- enforcement guidance memorandum 

EPRI --------- Electric Power Research Institute 

ERFBS ------ electrical raceway fire barrier system 

FAQ ---------- frequently asked question 

GAO ---------- U.S. Government Accountability Office 

GL ------------ generic letter 

IN -------------- information notice 

LAR ----------- license amendment request 

MSAs----------multiple spurious actuations 

NEI ----------- Nuclear Energy Institute 

NFPA -------- National Fire Protection Association 

NRC ---------- U.S. Nuclear Regulatory Commission 

NRR------------Office of Nuclear Reactor Regulation 

NUREG ------ NRC technical report designation 

NUREG/CR - NUREG contractor report 

OMA- --------- operator manual action 

RG--------------regulatory guide 

RIS ----------- regulatory issue summary 

PRA ---------- probabilistic risk assessment 

SER ---------- safety evaluation report 

SRM ---------- staff requirements memorandum 
- 1 - 

Task #1 Stabilize the Regulatory Infrastructure Supporting Transition to 

 Risk-Informed and Performance-Based Fire Protection Regulation—

10 CFR 50.48(c) and NFPA 805

Objective To develop and validate the regulatory processes that facilitate predictable, 

efficient, and effective transition of operating nuclear power plants to the NRC's 

risk-informed and performance-based fire protection requirements.

Definition of Closure is achieved when the regulatory infrastructure is in place and 

Closure the safety evaluation reports of the NFPA 805, “Performance-Based Standard for 

Fire Protection for Light-Water Reactor Electric Generating Plants, 2001 Edition,” 

pilot plants are issued. Review and approval of subsequent LARs is considered 

routine staff activity. 

Background The Commission approved the final rule incorporating the 2001 revision of the 

national consensus standard NFPA 805 into Title 10 of the Code of Federal 

Regulations (10 CFR) 50.48(c) by reference via an SRM on May 11, 2004. The 

rule was published on June 16, 2004, and became effective July 16, 2004. The 

Commission provided certain enforcement discretion as an incentive for 

licensees to adopt NFPA 805. Two licensees, Progress Energy and Duke 

Energy, volunteered Shearon Harris and Oconee, respectively, to become pilot 

plants for the transition to NFPA 805. 

 

The NRC has prepared guidance for licensees adopting NFPA 805 in Regulatory 

Guide 1.205, “Risk-Informed, Performance-Based Fire Protection for Existing 

Light-Water Nuclear Power Plants.” Also, the staff endorsed the industry 

proposal to establish an FAQ program to promptly clarify issues emerging at 

plants in transition to NFPA 805. The staff holds monthly public meetings with 

the industry to discuss emerging issues. 

As of today, operators of 51 reactor units have sent letters of intent indicating 

their commitment to transition to NFPA 805. 

Steps to Closure Due CY Quarter

 

 Establish Regulatory Foundation

 

 NFPA 805 issued Complete: 01/2001 

 10 CFR 50.48(c) promulgated Complete: 06/2004 

 Structure for Enforcement

 

 New 10 CFR 50.48 enforcement policy for NFPA Complete: 06/2004 

 805 provides a two year enforcement discretion 

 period 

 NFPA 805 enforcement policy revised to address Complete: 01/2005 

 licensee budgetary cycles to the end of 2005 for 

 existing non-compliances 
- 2 - 

 NFPA 805 Enforcement Policy revised to provide Complete: 04/2006

 a three year enforcement discretion period 

 

 Commission approves revised enforcement Complete: 09/2008 

 discretion policy allowing discretion to extend 

 6 months past issuance of the second 

 pilot plant’s SER 

 Develop Implementation Guidance

 

NRC and EPRI jointly issue NUREG/CR-6850, Complete: 09/2005 

 “EPRI/NRC-RES Fire PRA Methodology for 

 Nuclear Power Facilities” 

 

 Industry issues implementation guidance Complete: 09/2005 

 NEI 04-02, “Guidance for Implementing a 

 Risk-Informed, Performance-Based Fire Protection 

 Program Under 10CFR50.48(c),” Revision 1

 Staff issues RG 1.205 as guidance for plants Complete: 05/2006 

 adopting NFPA 805 

 Issue draft SRP 9.5.1.2 for public comment Complete: 03/2009 

 Complete triennial procedure for pilot testing Complete: 03/2009 

 Issue draft RG 1.205 for public comment Complete: 04/2009 

 Clarification of NUREG/CR-6850 completed 2009 4Q

 Staff issues revised RG 1.205 and 2009 4Q

 Standard Review Plan for NFPA 805 

 

 Validate Implementation 

First letter of intent (Oconee) Complete: 02/2005 

Second letter of intent (Harris) Complete: 06/2005 

Pilot plant LAR received for Harris Complete: 05/2008 

Pilot plant SER reviewed for Oconee Complete: 06/2008 
- 3 - 

 Final Closure 

Staff issues pilot plant SER (Harris) 2009 4Q

 

Staff issues pilot plant SER (Oconee) 2010 1Q
- 4 - 

Task #2 Hemyc and MT Electrical Raceway Fire Barrier (ERFBS) Closure for 

Plants Transitioning to NFPA 805

Objective To evaluate and document the actions taken to address ERFBS questions, 

including the specific actions taken to address issues related to Hemyc.

Definition of The safety issue has been closed. This task remains open until the 

Closure staff issues a report documenting the closeout of Hemyc and MT barrier issues. 

Background To meet fire protection regulations, licensees often installed an ERFBS to 

achieve the required separation when redundant trains of cables and equipment 

are in the same room or fire area. The NRC found that two of these systems may 

be nonconforming and issued GL 2006-03, “Potentially Nonconforming Hemyc 

and MT Fire Barrier Configurations,” dated April 10, 2006. The generic letter 

asked licensees to describe how Hemyc, MT, and other fire barrier materials are 

capable of providing the appropriate fire resistance rating. By the end of 

calendar year 2007, the NRC had accepted all responses to the generic letter 

and approved all the licensing actions to address Hemyc issues of non-805 

plants. 

 

On December 17, 2008, the NRC staff issued a memorandum describing the 

status of all plants that rely on Hemyc ERFBS. All plants have either resolved 

their Hemyc issues or are in transition to 10 CFR 50.48(c) and NFPA 805.

 

This task is complete and will be removed from future versions of this plan.

Steps to Closure Due CY Quarter

 Establish Regulatory Foundation

 10 CFR Part 50, Appendix R, Section III.G Complete: 01/1980 

promulgated

 Structure for Enforcement

 No enforcement discretion for barrier issues N/A

 Develop Implementation Guidance

 

 Staff issues IN 2005-07, Complete: 04/2005 

 “Results of HEMYC Electrical Raceway 

 Fire Barrier System Full Scale Fire Testing” 

 

 Staff issues GL 2006-03 Complete: 04/2006 

 

 Validate Implementation

 

 Staff responds to all GL 2006-03 Complete: 12/2007 

 information requests
- 5 - 

 Staff confirms closure via inspections related Complete: 12/2008

 to GL 2006-03 (Hemyc and MT) 

 

Final Closure

 Staff issues final closeout documentation Complete: 12/2008
- 6 - 

Task #3 Stabilize Regulatory Infrastructure to Resolve Fire-Induced Circuit 

Failure Issue

Objective To implement a predictable, efficient, and effective process to ensure that 

licensees complete specific actions related to possible fire-induced circuit 

failures.

Definition of Closure is achieved when the regulatory infrastructure is in place and the staff

Closure completes validation of an application of the circuit resolution methodology. 

Review and approval of subsequent use of the circuit failure resolution 

methodology by individual licensees is considered routine staff activity.

Background To meet fire protection regulations, nuclear power plants must be able to 

demonstrate that they can be safely shut down in the event of a fire. An 

important requirement of these rules was the protection of redundant equipment 

and cables required to place the plant in a safe shutdown state. This included a 

requirement to protect circuits such that plant equipment does not fail or 

malfunction.

Beginning in 1997, a series of licensee event reports identified plant-specific 

problems related to potential fire-induced electrical circuit failures that could 

affect equipment necessary to achieve and maintain safe shutdown. The NRC 

staff issued IN 99-17, “Problems Associated with Post-Fire Safe-Shutdown 

Circuit Analyses,” on June 3, 1999, to document additional problems.

In 2001, EPRI and NEI performed a series of cable functionality fire tests to 

enhance the nuclear industry’s understanding of fire-induced circuit failures, 

particularly spurious equipment actuations initiated by circuit failures. Based on 

the test results and continued interactions with industry, the NRC staff concluded 

that regulatory expectations needed to be clarified to ensure safety, to provide 

clear regulatory expectations in the area of fire-induced circuit failures, and 

where appropriate, to make plant changes to mitigate such failures.

Steps to Closure Due CY Quarter

 

 Establish Regulatory Foundation

 Letter from S. Collins (NRC) to R. Beedle (NEI) Complete: 03/1997

 regarding spurious actuations 

 Structure for Enforcement

 Staff issues EGM 98-002, “Disposition of Complete: 03/1998

Violations of Appendix R, Regarding 

Sections III.G and III.L Circuit Failures” 

 Staff issues updated EGM including Commission Complete: 05/2009

 direction for fire-induced circuit failures 

 Develop Implementation Guidance

EPRI/NEI circuit failure testing completed at Complete: 06/2001

 Omega Point Laboratories, Elmendorf, TX 
- 7 - 

 staff and industry publish (through EPRI) Complete: 05/2002 

 “Spurious Actuation of Electrical Circuits 

 Due to Cable Fires: Results of an Expert Elicitation” 

 Staff issues RIS 2004-03, Revision 1, Complete: 12/2004

 “Risk-Informed Approach for Post-Fire 

 Safe-Shutdown Associated Circuit Inspections” 

 Industry publishes NEI 00-01, “Guidance for Complete: 01/2005 

 Post-Fire Safe Shutdown,” Revision 1 

 Staff issues RIS 2005-30, “Clarification of Complete: 12/2005 

 Post-Fire Safe-Shutdown Circuit Regulatory 

 Requirements” 

 Commission issues SRM-SECY-2006-0196, Complete: 12/2006

 “Issuance of Generic Letter 2006-xx, 

 ‘Post-Fire Safe-Shutdown Circuits Analysis 

 Spurious Actuations’” 

 Staff completes additional testing for RIS 2004-03 Complete: 04/2008

 and issues NUREG/CR-6931, “Cable Response to 

 Live Fire,” Volumes 1, 2, and 3

 Staff transmits SECY-2008-0093, “Resolution Complete: 06/2008

 of Issues Related to Fire-Induced Circuit Failures,” 

 to Commission for action

 Staff issues draft of Regulatory Guide 1.189 Complete: 04/2009 

 for comment

 Staff publishes RIS and attached, 2009 3Q 

 draft regulatory guide clarification of circuit

 expectations

 Industry revises NEI 00-01, Revision 2 2009 2Q

 NRC issues final regulatory guide for fire-induced 2009 3Q 

 circuit failures

 Validate Implementation

 Staff establishes mechanism to validate disposition 

 method for circuits issue 2009 4Q 

 Staff informs the Commission of status of circuits closure 2009 3Q

 Licensees work to resolve circuits issues 2009 3Q

 Final Closure

 Staff completes validation of the circuits issue disposition 2010 2Q

 method
- 8 - 

Task #4 Stabilize Regulatory Infrastructure to Resolve Post-Fire Operator 

 Manual Action Issues

Objective To ensure that licensees complete appropriate actions related to the 

inappropriate crediting of post-fire OMAs.

Definition Closure is achieved when the regulatory infrastructure is in place and the 

of Closure licensees submit requests for license amendments, exemptions, or complete 

modifications validating the effectiveness of the infrastructure. Review and 

approval of those applications is considered routine staff activity.

Background To meet fire protection regulations, licensees of nuclear power plants must 

demonstrate that the plant can be safely shut down in the event of a fire. An 

important requirement of these rules was the protection of redundant equipment 

and cables required to place the plant in a safe-shutdown state. Where 

separation of redundant equipment could not be achieved, licensees were 

permitted, under certain conditions, to use postfire OMAs to mitigate the effects 

of the fire.

In 2000, NRC inspections found that some licensees compensated for the lack of 

approved separation by relying on OMAs under conditions not permitted by the 

NRC. On June 30, 2006, the NRC issued RIS 2006-10, “Regulatory 

Expectations with Appendix R, Paragraph III.G.2, Operator Manual Actions,” to 

clarify expectations.

 

With the intention of giving licensees an opportunity to find and correct 

unapproved postfire OMAs, the NRC issued enforcement discretion for licenseeidentified unapproved postfire OMAs. This discretion provided a period of time 

for licensees to self-identify unapproved postfire OMAs and also allowed the 

licensees time to bring those unapproved postfire OMAs into compliance without 

the NRC’s taking enforcement action. The NRC expects the unapproved postfire 

OMAs to be resolved through reanalysis, procedure changes, modifications, or 

by requesting approval from the NRC. Facilities in transition to NFPA 805 will 

address OMAs as part of the transition.

 

In October 2007, the NRC issued NUREG-1852, “Demonstrating the Feasibility 

and Reliability of Operator Manual Actions in Response to Fire,” to assist NRC 

staff in reviewing postfire OMA applications under conditions permitted by the 

NRC. NUREG-1852 is publicly available so that licensees are able to examine 

the factors that the NRC staff will review.

The enforcement discretion ended on March 6, 2009, for plants that did not have 

exemptions or had not submitted license amendments to the NRC for review. 

For those licensees not granted the enforcement discretion provided by the 

review of exemptions or amendments, the Reactor Oversight Process applies, 

and no enforcement discretion is available. 
- 9 - 

Steps to Closure Due CY Quarter

 Establish Regulatory Foundation

 Commission issues SRM-SECY-04-0233, Complete: 01/2005

 “Proposed Rulemaking—Post-Fire Operator 

 Manual Actions” 

 Staff issues “Fire Protection Program—Post-Fire Complete: 03/2005 

 Operator Manual Actions,” Federal Register 

 Notice 71 FR 11169, March 1, 2005. Withdrawal 

 of the proposed rule 

 Structure for Enforcement

 Staff issues enforcement discretion for OMAs as Complete: 06/2007 

 part of EGM 2007-004 for OMAs; enforcement 

 discretion ends March 2009

 Develop Implementation Guidance

 Staff publishes NRC RIS 2006-10 

Staff publishes NUREG-1852 Complete: 10/2007

 Validate Implementation

Licensees complete corrective actions or requests Complete: 03/2009

 for amendment/exemption 

 Staff to develop a plan to validate the effectiveness 2009 2Q 

of the closure of OMA issues for utilities which are 

not transitioning to NFPA 805 and which do not 

have an active licensing action 

Staff validates the effectiveness of the 2010 2Q 

 infrastructure by completing review 

 of one licensee's resolution of the issue

 Final Closure

Infrastructure stabilized and validated 2010 2Q
- 10 - 

Task #5 Assess Regulatory Effectiveness

Objective Assess the effectiveness of the ongoing improvements to the fire protection 

regulatory framework.

Definition Closure is achieved when a monitoring process is in place and the baseline is 

of Closure established. Ongoing implementation of the process is considered routine staff 

activity.

Background On July 29, 2008, the Commission directed the staff in SRM M080717, “Briefing 

on Fire Protection Issues,” to provide the Commission with a plan to assess the 

effectiveness of the ongoing improvements to the fire protection regulatory 

framework, using recent plant data to establish a baseline. Such a baseline 

could be, for example, the number and general type of all open fire protection 

deficiencies that were compensated and the manner of compensation used in 

2007.

 

The GAO Report 08-747, “Nuclear Safety: NRC’s Oversight of Fire Protection at 

U.S. Commercial Nuclear Reactor Units Could Be Strengthened,” issued 

June 2008, included a recommendation to “develop a central database for 

tracking the status of exemptions, compensatory measures, and manual actions 

in place nationwide and at individual commercial nuclear units.” 

 

The Chairman responded to the GAO report in a letter to Congress dated 

September 11, 2008. The letter committed to “implement a Fire Protection 

Closure Plan to resolve the issues contributing to the long term use of 

compensatory measures. The Commission has directed the staff to include 

meaningful metrics to gauge progress in implementation of the Closure Plan.” 

This action will resolve the issues of long-term compensatory measures and 

unapproved manual actions that have associated compensatory measures.

Steps to Closure Due CY Quarter

 Commission Commitments

 Determine metric for measuring effectiveness of Complete: 12/2008

 ongoing improvements

Develop metric monitoring methodology Complete: 03/2009

Final Closure

Collect information and establish monitoring 2009 3Q 
- 11 - 

Task #6 Historical Lessons Learned from Fire Protection 

Objective Train appropriate staff on the important historical lessons learned from the fire 

protection issue resolution activities since Appendix R, “Fire Protection Program 

for Nuclear Power Facilities Operating Prior to January 1, 1979,” to 

10 CFR Part 50, “Domestic Licensing of Production and Utilization Facilities,” 

was established.

Definition Closure is achieved when a lessons-learned review is completed, lessons are 

of Closure incorporated into a knowledge management or training program and the 

adequacy of that program is validated using a pilot application. Ongoing staff 

awareness and training are considered part of routine staff activity.

Background On July 29, 2008, the Commission directed the staff in SRM M080717 to provide 

the Commission with a closure plan that includes training for appropriate staff on 

the important historical lessons learned from the fire protection issue resolution 

activities since Appendix R to 10 CFR Part 50 was established.

Steps to Closure Due CY Quarter

 Perform Lessons Learned Evaluation

Compile history Complete: 03/2009

 Develop lessons learned 2009 3Q

 Develop Knowledge Management/Training Tool

Develop training on lessons learned 2010 1Q

Pilot training on fire protection lessons learned 2010 1Q

 Final Closure

Incorporate lessons learned from pilot training 2010 2Q
- 12 - 

Task #7 Exemption Database

Objective To develop a centralized database of fire protection exemptions for operating 

nuclear reactors.

Definition Closure is achieved when the exemption database is established and procedures

of Closure and plans are in place for periodic updating of that database. Periodic updates 

to the database are considered routine staff activity.

Background GAO Report 08-747 included a recommendation to “develop a central database 

for tracking the status of exemptions.” 

 

The Chairman responded to the GAO report in a letter to Congress dated 

September 11, 2008, which contained a commitment to “develop a centralized 

database of fire protection exemptions for operating nuclear reactors.” 

Steps to Closure Due CY Quarter

 Commission Commitments

Collect data on fire protection exemptions 2009 2Q

Complete development of database 2009 4Q

 Final Closure 

Establish procedures for updates 2010 1Q
- 13 - 

Task #8 Establish Reasonable Assurance That All Past Regulatory 

 Infrastructure Instabilities Are Identified

Objective Identify any additional fire protection issues that require further action.

Definition Closure is achieved when the review is complete and appropriate actions are 

of Closure taken to address any fire protection regulatory issues identified. Addressing any

additional issues identified is considered routine staff activity.

Background Since publication of the fire protection rule in 1981, the NRC has identified and 

addressed many issues by using regulatory practices that were deemed 

appropriate at the time these issues were identified. 

 

The NRC staff has initiated an effort to identify any outstanding fire protection 

issues by surveying cognizant NRC staff concerning the regulatory history of fire 

protection. The identification of additional issues will give the staff a more 

complete understanding of the issues and confidence that the agency is 

addressing all the necessary issues. The staff’s activities for this effort include 

methodically surveying past and present NRC staff with knowledge of fire 

protection issues, evaluating their responses, and recommending followup 

actions. 

Steps to Closure Due CY Quarter

 Commission Commitments

 Complete review Complete: 04/2009

Evaluate responses 2009 2Q

 Final Closure

Identify issues and develop recommendations 2009 2Q