This regulatory guide is being issued in draft form to involve the public in the early stages of the development of a regulatory position in this area. 

It has not received staff review or approval and does not represent an official NRC staff position.

Public comments are being solicited on this draft guide (including any implementation schedule) and its associated regulatory analysis or

value/impact statement. Comments should be accompanied by appropriate supporting data. Written comments may be submitted to the

Rules and Directives Branch, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Comments may

be submitted electronically through the NRC’s interactive rulemaking Web page at http://www.nrc.gov/what-we-do/regulatory/rulemaking.html.

Copies of comments received may be examined at the NRC Public Document Room, 11555 Rockville Pike, Rockville, MD. Comments will be

most helpful if received by December 15, 2004.

Requests for single copies of draft or active regulatory guides (which may be reproduced) or for placement on an automatic distribution list for

single copies of future draft guides in specific divisions 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 draft regulatory guide are available through the NRC’s interactive rulemaking Web page (see above); the NRC’s public Web site under

Draft Regulatory Guides in the Regulatory Guides document collection of the NRC’s Electronic Reading Room at http://www.nrc.gov/reading-rm/doc-collections/;

and the NRC’s Agencywide Documents Access and Management System (ADAMS) at http://www.nrc.gov/reading-rm/adams.html, under

Accession No. ML042740308.

U.S. NUCLEAR REGULATORY COMMISSION September 2004

OFFICE OF NUCLEAR REGULATORY RESEARCH Division 1

DRAFT REGULATORY GUIDE 

Contact: Paul W. Lain (301) 415-2346

DRAFT REGULATORY GUIDE DG-1139

RISK-INFORMED, PERFORMANCE-BASED FIRE PROTECTION

FOR EXISTING LIGHT-WATER NUCLEAR POWER PLANTS

A. INTRODUCTION

This regulatory guide provides guidance for use in complying with the requirements that

the U.S. Nuclear Regulatory Commission (NRC) has promulgated for risk-informed, performancebased fire protection programs that meet the requirements of Title 10, Section 50.48(c), of the Code

of Federal Regulations (10 CFR 50.48(c)) and the referenced 2001 Edition of the National Fire

Protection Association (NFPA) standard, NFPA 805, “Performance-Based Standard for Fire

Protection for Light-Water Reactor Electric Generating Stations.”

In accordance with 10 CFR 50.48(a), each operating nuclear power plant must have

a 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 Licensing

of 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 Appendix R, “Fire Protection Program for Nuclear Power Facilities Operation Prior to January 1, 1979,” to

10 CFR Part 50, as stated in 10 CFR 50.48(b). Plants licensed to operate after January 1, 1979,

were required to comply with 10 CFR 50.48(a), as well as any plant-specific fire protection

license condition and technical specifications.

Title 10, Section 50.48(c), of the Code of Federal Regulations incorporates NFPA 805

by reference, with certain exceptions, and allows licensees to voluntarily adopt and maintain a
2

fire protection program that meets the requirements of NFPA 805 as an alternative to meeting

the requirements of 10 CFR 50.48(b) or the plant-specific fire protection license conditions. 

Licensees who choose to comply with NFPA 805 must submit an application for license

amendment to the NRC, in accordance with 10 CFR 50.90. Title 10, Section 50.48(c)(3),

of the Code of Federal Regulations describes the required content of the application.

The Nuclear Energy Institute (NEI) developed NEI 04-02, “Guidance for Implementing

a Risk-Informed, Performance-Based Fire Protection Program Under 10 CFR 50.48(c),”

Revision F, dated July 2004, to assist licensees in adopting NFPA 805 and making the transition

from their current fire protection licensing basis to one based on NFPA 805. This regulatory guide

endorses NEI 04-02, Revision F, because it provides acceptable methods for implementing

NFPA 805 and complying with 10 CFR 50.48(c), subject to the additional positions contained

in Section C of this regulatory guide and the approval authority NFPA 805 grants to the

authority having jurisdiction (AHJ). The NRC is the AHJ for nuclear power plant fire protection

programs.

This draft regulatory guide endorses NEI 04-02, Revision F, with some exceptions

and clarifications. The clarifications are necessary to address several key issues that are not

fully addressed in Revision F of NEI 04-02. Following issuance of this draft regulatory guide

for public comment, the staff plans to address the public comments, discuss their resolutions

with NEI, and other interested members of the public, and convey the final comment

resolutions to NEI. NEI plans to incorporate these comment resolutions, as well as NRC

exceptions and clarifications, in Revision 0 of NEI 04-02. The staff plans to endorse Revision

0 of NEI 04-02 in the final regulatory guide.

Regulatory guides are issued to describe to the public methods that the NRC staff

considers acceptable for use in implementing specific parts of the agency’s regulations,

to explain techniques that the staff uses in evaluating specific problems or postulated accidents,

and to provide guidance to applicants. Regulatory guides are not substitutes for regulations,

and compliance with regulatory guides is not required. Regulatory guides are issued in draft form

to solicit public comment and involve the public in developing the agency’s regulatory positions. 

Draft regulatory guides have not received complete staff review; therefore, they do not

represent official NRC staff positions. 

The information collections contained in this regulatory guide are covered by

the requirements of 10 CFR Part 50, which were approved by the Office of Management

and Budget (OMB) approval number 3150-0011. If an information collection tool does not

display a currently valid OMB control number, the NRC may neither conduct nor sponsor, and

a person is not required to respond to, the information collection.

B. DISCUSSION

Background

Title 10, Section 50.48(a), of the Code of Federal Regulations requires that all operating

nuclear power plants implement a fire protection program that satisfies GDC 3 of Appendix A

to 10 CFR Part 50. In addition to the requirements of 10 CFR 50.48(a), plants licensed to

operate before January 1, 1979, must meet the requirements of Appendix R to 10 CFR Part 50,

to the extent described in 10 CFR 50.48(b). Nuclear power plants that were licensed to operate

after January 1, 1979, must comply with 10 CFR 50.48(a), as well as any plant-specific fire
3

protection license conditions and technical specifications. Fire protection license conditions

typically reference NRC safety evaluation reports (SERs), which are the products of the staff’s

initial licensing reviews against either (1) Appendix A to Branch Technical Position (BTP)

Auxiliary Power Conversion Systems Branch (APCSB) 9.5-1, “Guidelines for Fire Protection

for Nuclear Power 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 Review of Safety Analysis Reports for Nuclear Power Plants” (SRP). The SRP closely

follows the structure and requirements of Appendix R to 10 CFR Part 50.

The fire protection requirements of GDC 3, Appendix R, the BTP, and the SRP

are considered deterministic requirements. The industry and some members of the public

have described these requirements as prescriptive and creating unnecessary regulatory burden. 

The NRC has issued approximately 900 exemptions to the requirements of Appendix R

to 10 CFR Part 50, and approved numerous deviations from the licensing requirements

for post-1979 plants.

In SECY-98-058, “Development of a Risk-Informed, Performance-Based Regulation

for Fire Protection at Nuclear Power Plants,” dated March 26, 1998, the staff proposed to the

Commission that the staff work with the NFPA and industry to develop a risk-informed,

performance-based consensus standard for fire protection at nuclear power plants. 

This consensus standard could then be endorsed in a future rulemaking as an alternative set

of fire protection requirements. In SECY-00-0009, “Rulemaking Plan, Reactor Fire Protection

Risk-Informed, Performance-Based Rulemaking,” dated January 13, 2000, the NRC staff

requested and received Commission approval for proceeding with a rulemaking to permit

reactor licensees 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 as an American National Standard for performance-based fire protection

for light-water nuclear power plants.

Effective July 16, 2004, the Commission amended its fire protection requirements

in 10 CFR 50.48 to add 10 CFR 50.48(c), which incorporates the 2001 edition of NFPA 805 by

reference, with certain exceptions, and allows licensees to apply for a license amendment to

comply 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 alternatives

included in future additions of NFPA 805 by submitting a license amendment, in accordance

with 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 provisions

of the Federal Advisory Committee Act which are designed to encourage the public and industry to

have more meaningful involvement in the regulatory process, NEI worked with industry and

the staff to develop implementing guidance for the specific provisions of NFPA 805 and the

rule. The NEI published such guidance in NEI 04-02, Revision F, in July 2004. This regulatory

guide provides the NRC’s position on NEI 04-02 and offers additional information and guidance to

supplement the NEI document and assist the licensees in meeting the Commission’s

requirements.

Fire Protection Program Transition
4

The staff endorses a “safe-today, safe-tomorrow” approach for plants that transition to

a risk-informed, performance-based fire protection program in accordance with 10 CFR 50.48(c). 

With this approach the staff does not require licensees to re-assess the acceptability

of license amendments, exemptions or deviations that have been previously approved

by the NRC for the plant. However, a minimal review should be performed to ensure that the

conditions described in the original exemption or amendment request 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 plant safety and providing a clear

licensing basis.

To enhance plant safety, licensees are encouraged to disposition any noncompliances

identified by the licensee during the transition process. To accommodate licensees during

this transition period while they evaluate the implication of 10 CFR 50.48(c) and the original

licensing basis remains in effect, the NRC will grant, under specific circumstances,

enforcement discretion for issues identified by the licensee during the transition, unless they

are 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 application

for license amendment to change their fire protection licensing basis to adopt 10 CFR 50.48(c)

and NFPA 805. As stated in 10 CFR 50.48(c)(3)(ii), the licensee must implement the methodology

in Chapter 2 of NFPA 805 and modify the fire protection program required by 10 CFR 50.48(a)

to reflect compliance with NFPA 805 before changing its current program or modifying the plant. 

The rule does not require the licensee to submit the revised fire protection program

for NRC review or approval. The NRC will evaluate the licensee’s compliance with NFPA 805

as part of the normal reactor oversight process (ROP).

The NFPA 805 standard is structured to allow licensees to transition much, if not all, of

their existing programs, with modification to address additional or new elements of NFPA 805 that

are not addressed by current regulations. Licensees need to address the basic elements of

NFPA 805 as they transition their fire protection programs from the current licensing basis to

one based on NFPA 805. These elements include (1) the nuclear safety performance criteria that

must be met for all modes of operation, (2) the radioactive material release performance criteria that

must be met, (3) compliance with the fundamental fire protection program and design elements, and

(4) the specific documentation, quality, and configuration management provisions of the NFPA

standard that must be met. The NEI implementation guide, NEI 04-02, and the positions

contained in this regulatory guide present guidance to assist the licensee in this transition.

Title 10, Section 50.48(c), of the Code of Federal Regulations does not include specific

schedule requirements for implementing a fire protection program meeting the provisions of

NFPA 805. However, licensees who wish to take advantage of the Commission’s interim

enforcement discretion policy for fire protection will need to establish an implementation schedule

consistent with the enforcement policy.

Transition Identified Noncompliance and Interim Enforcement Discretion Policy

The NRC report, NUREG-1600, “General Statement of Policy and Procedure for NRC

Enforcement Actions,” updated on August 13, 2004, describes the Commission’s general

enforcement policy. In SECY-04-0050, “Final Rule: Revision of 10 CFR 50.48 to Allow

Performance-Based Approaches Using National Fire Protection Association (NFPA) Standard

805 (NFPA 805), ‘Performance-Based Standard for Fire Protection for Light-Water Reactor
1 The NRC is currently considering a request (ADAMS Accession #ML04010132), which NEI submitted for

an 18-month extension.

5

Electric Generating Plants,’ 2001 Edition,” the NRC staff requested that the Commission

approve, for public notice, an interim enforcement policy for licensees that adopt NFPA 805, in

accordance with 10 CFR 50.48(c). The SECY paper provides the underlying basis and

criteria for enforcement discretion. The Commission approved and published the interim

enforcement policy in the Federal Register on June 16, 2004 (see 69 FR 33684). The most

current enforcement policy and the interim enforcement policy on discretion may be found

at 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 licensee

stating its intention to adopt NFPA 805 and providing a schedule for completion of the plant

assessment. The enforcement discretion period would be in effect for up to 2 years, and if the

licensee submits a license amendment request, would continue until the NRC completes its

approval of the amendment request, which could potentially extend beyond the 2-year period. 

In addition, for licensees that submit a letter of intent within 6 months1

 of the effective date of

10 CFR 50.48(c), enforcement discretion would be applied to cover corrective action

implementation for certain existing and identified 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 complete

the transition to NFPA 805, the enforcement policy requires the licensee to inform the NRC of

this decision and withdraw its letter of intent. Any violations that are identified and corrected

before the date of the letter would be unaffected by the withdrawal. The staff will consider the

continuation of enforcement discretion for violations that are identified before the withdrawal

on a case-by-case basis to ensure that timely corrective actions are taken commensurate with

the safety significance of the issue. Any violations occurring after withdrawal of the letter of

intent would be dispositioned in accordance with normal enforcement practices.

Fire Protection Program Changes

Prior to the promulgation of 10 CFR 50.48(c) and NFPA 805, plants typically have

adopted a standard fire protection license condition. Under this condition, the licensee

can only make changes to the approved fire protection program, without prior Commission

approval, if the changes would not adversely affect the plant’s ability to achieve and maintain

safe shutdown in the event of a fire. This license condition is no longer applicable for plants

that adopt NFPA 805 and complete the transition to the new NFPA 805-based license

conditions. The NFPA 805 standard contains separate requirements for evaluating changes

to the program. See Regulatory Position 2.2 for an acceptable fire protection license

condition for plants adopting NFPA 805. 

Appendices to NFPA 805

The appendices to NFPA 805 provide additional information and clarification related to

the requirements in the standard (Appendix A), guidance on the performance of nuclear safety

analyses (Appendix B), guidance on the application of fire modeling (Appendix C),

and guidance on the use of probabilistic safety assessment (PSA) in NFPA 805 applications

(Appendix D). Appendix E to NFPA 805 provides guidance on plant damage and business

interruption that is outside the scope of 10 CFR 50.48(c) and this regulatory guide.
6

As discussed in the Statements of Consideration for the proposed rulemaking (see 67 FR 66578),

and restated in the comment resolution for the final rulemaking that amended 10 CFR 50.48 to

incorporate NFPA 805 by reference (see 69 FR 33536), the appendices to NFPA 805 are not

considered part of the rule. However, Appendices A, B, C, and D provide useful information for

implementing the requirements of NFPA 805. The staff finds the specific guidance contained

within the appendices to be acceptable to the extent that this guidance is endorsed within the

positions contained in Section C of this regulatory guide.

C. REGULATORY POSITION

1. NEI 04-02

The guidance in NEI 04-02 provides methods acceptable to the staff for adopting a fire

protection program consistent with the 2001 edition of NFPA 805, subject to the regulatory

positions contained herein.

The NRC’s endorsement of NEI 04-02 excludes Section 6.0, which provides guidance

for using the methods of NFPA 805 within the existing (non-NFPA 805) fire protection

licensing basis. The purpose of NEI 04-02 and this regulatory guide is to provide guidance for

implementing a fire protection program that complies with 10 CFR 50.48(c). Neither

the regulatory requirements of 10 CFR 50.48(c) nor NFPA 805 include provisions to use

the methods and approaches of NFPA 805 within an existing fire protection licensing basis. 

Conversely, there are also no regulatory prohibitions or limitations on analytical methods used

in developing the safety case for license amendments or exemptions, as long as they are

technically valid, justified, and defendable as demonstrating adequate protection of the public. 

In making changes to the existing fire protection program, the licensee should follow the

change process allowed under the standard fire protection license condition and should

provide the necessary technical basis to support the change, regardless of the methods

employed. In addition, the NRC’s endorsement of NEI 04-02 does not imply its endorsement

of the references cited in NEI 04-02.

2. Transition Process

2.1 Fire Protection Program Noncompliance

The Commission’s interim enforcement policy (see 69 FR 33684) provides

enforcement discretion policy for fire protection program noncompliances that exist

or are identified during the transition to NFPA 805. Sections 2.3.3, 3.5, and 4.2.2 of NEI 04-02

discuss enforcement discretion during transition. For licensees who withdraw from 10 CFR

50.48(c), the staff will consider the continuation of enforcement discretion on a case-by-case

basis to ensure that timely corrective actions are taken commensurate with the safety

significance of the issue.

2.2 License Change Amendments

Section 4.6.1 of NEI 04-02 provides guidance for submitting license amendment requests

to allow the adoption of NFPA 805. As specified in 10 CFR 50.48(c)(3)(i), the license change

amendment request to adopt NFPA 805 must identify any license conditions to be revised
7

or superseded. The following license condition is an acceptable fire protection license condition

for plants adopting NFPA 805:

(Name of Licensee) shall implement and maintain a fire protection program

that complies with 10 CFR 48(a) and NFPA 805 as endorsed in 10 CFR 50.48(c)(2). 

The licensee may make changes to the fire protection program without

prior approval of the Commission only if those changes are evaluated

and determined to be acceptable as provided for in NFPA 805.

2.3 Transition of Previously Approved Fire Protection Program and Design Elements

Section 3.1 of NFPA 805 states that previously approved alternatives to

the fundamental fire protection program attributes of NFPA 805, Chapter 3, take precedence

over the requirements contained therein. Sections 2.3.1 and 2.3.2 of NEI 04-02 describe the

application of this “previous approval” clause. 

3. NFPA 805 Fire Protection Program

3.1 NFPA 805 Fire Protection Program Change Evaluation Process

Section 5.3 of NEI 04-02 addresses the evaluation of changes to a licensee’s fire protection

program. 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 evaluating

and implementing changes to the fire protection program following completion of the transition

to an NFPA 805 license condition.

NEI 04-02 references NEI 02-03, “Guidance for Performing a Regulatory Review

of Proposed Changes to the Approved Fire Protection Program,” as providing a generic

regulatory review process that may be used to determine if a change to the approved

fire protection program can be made without prior NRC approval. The version of NEI 02-03

currently available to the NRC has not been reviewed and endorsed by the NRC

for application to a risk-informed performance-based fire protection program.

3.1.1 Configuration Control and Change Screening

The licensee could use 10 CFR 50.59(a)(1) to identify changes that require an evaluation.

The licensee should evaluate identified fire protection program impacts before implementing

any plant changes.

A licensee may use an appropriate screening process to screen changes that require

additional evaluations for fire protection program impacts and demonstrating that NFPA 805

plant change evaluation criteria have been met. An appropriate screening process may include

the following types of changes that may be screened:

• 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 be

clearly equivalent to existing elements of the fire protection program (e.g., functionally

identical or superior replacements of fire protection equipment described in the fire

protection program)
8

• changes to the fire protection program that are clearly insignificant with respect to

meeting nuclear safety and radioactive release performance criteria (e.g., descriptive

or editorial changes to the fire protection program)

3.1.2 Fire Protection Program Change Evaluations

For changes that have not been screened, the licensee should perform an engineering

evaluation to demonstrate the acceptability of the change in terms of the plant change

evaluation criteria and compliance with the fire protection requirements of 10 CFR 50.48(a)

and NFPA 805, as endorsed in 10 CFR 50.48(c).

The risk evaluation should use the methods and tools described in Regulatory Position 4.3. 

Section 5.3.2.1 of NEI 04-02 contains a detailed discussion useful in evaluating changes

in risk when using quantitative risk assessment methods and tools. The evaluation should

demonstrate that adequate defense-in-depth and safety margin will be maintained.

As applicable to the fire protection program change being evaluated, the evaluation

should address the following items:

(a) For changes that impact the protection of plant structures, systems, and components

necessary to meet performance criteria in the event of a fire, the evaluation should

demonstrate that nuclear safety and radiological release performance criteria will

continue to be met considering all relevant plant modes and configurations using,

as appropriate for the change being evaluated, the approaches provided in NFPA 805,

Chapter 4.

The licensee should demonstrate reasonable assurance that at least one success path

necessary to achieve and maintain nuclear safety performance criteria remains free

from fire damage, as defined in NFPA 805, Section 1.6.29, considering the effects

of the fire and fire suppression activities.

When using fire modeling (see NFPA 805, Section 4.2.4.1) to demonstrate that at least

one success path remains free from fire damage, the evaluation should demonstrate

that the margin between the maximum expected fire scenario and the limiting fire

scenario is 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 in evaluating the margin between the maximum expected fire scenario and

the limiting fire scenario.

(b) For changes to the fire protection program that involve fundamental program

and design elements, the evaluation should address how the change affects

compliance 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

Guide 1.174, “An Approach for Using Probabilistic Risk Assessment in Risk-Informed

Decision on 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 risk increases that meet the criteria of the NEI 04-02 Region IV

do not need to be individually tracked, the plant design changes associated with

the Region IV risk increases should be tracked and included in subsequent change

evaluations to assess the cumulative risk.
9

(d) All change evaluations should include an assessment against the risk acceptance

criteria, regardless of whether the change evaluation uses the deterministic approach

or the performance-based approach.

3.1.3 Monitoring Fire Protection Program Changes

The licensee should evaluate changes with respect to their impact on the monitoring

program required by NFPA 805. This evaluation should address any changes to

the monitoring program that are necessary to ensure that the assumptions made

in the engineering evaluations for fire protection program changes are maintained and remain valid.

3.1.4 Approval of Fire Protection Program Changes

Changes to the fire protection program that have been screened, as described in

Regulatory Position 3.5.1, or evaluated and determined to be acceptable, as described in

Regulatory Position 3.5.2, may be implemented following appropriate approval as follows:

(a) Any changes to the fire protection program that affect fundamental program and

design elements (NFPA 805, Chapter 3) and that do not conform to the requirements

of NFPA 805, Chapter 3, and that are not addressed by a previously approved

fundamental fire protection program and design element (see Regulatory Position 2.3),

require NRC approval. The licensee may submit a request for approval to the NRC

for such a change to the fire protection program, pursuant to 10 CFR 50.48(c)(2)(vii)

and 10 CFR 50.90 or 10 CFR 50.12, using the licensee’s license amendment

or exemption request process, as appropriate.

(b) The following changes to the fire protection program that deviate from

the requirements of 10 CFR 50.48(c), other than fundamental program

and design elements, require NRC approval:

• changes to the fire protection program that do not meet the risk acceptance

criteria described in Regulatory Position 3.5.2(a)

• changes that have been evaluated using performance-based methods

other than those described in Regulatory Position 4

• changes that deviate from other specific NFPA 805 requirements

The licensee may submit a request for approval to the NRC for such a change

to the fire protection program, pursuant to 10 CFR 50.48(c)(4) and 10 CFR 50.90

or 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. The

licensee may submit such a change to the fire protection program to the NRC

for approval, pursuant to 10 CFR 50.90, using the licensee’s license amendment

process.

The licensee may approve changes to the fire protection program that do not require

prior NRC approval, in accordance with applicable licensee procedures. The licensee may

implement changes to the fire protection program that require prior NRC approval following
10

NRC issuance of the license amendment, in accordance with 10 CFR 50.90 or granting

of an exemption request, in accordance with 10 CFR 50.12.

3.1.5 Documentation of Changes

The licensee should document descriptions of changes made to the fire protection

program, reasons for the changes, and engineering evaluations related to the changes

and retain them until termination of the license, in accordance with 10 CFR 50.48. 

The licensee should organize its change documentation so that changes can be readily identified

and the associated documentation retrieved.

Documentation of evaluations associated with changes to the fire protection program

should (1) clearly describe the assumptions, identify the methods, and present the results

of the evaluation in a manner that is easily understood and in sufficient detail to allow

future review of the entire analyses, and (2) conform to the quality requirements of NFPA 805,

Section 2.7.3.

3.2 Fire Protection Program Documentation

Section 2.7.1.2 of NFPA 805 requires a document that contains, at a minimum,

fire hazards identification and nuclear safety capability assessment, on a fire area basis, for all

fire areas that could affect the nuclear safety or radioactive release performance criteria

defined in NFPA 805, Chapter 1. Supporting documentation can be referenced as described

in NFPA 805, Section 2.7.1.3. The use of the term “design-basis document,” in the context of

Section 2.7.1.2, is considered generic in this application and should not be confused with the

plant’s design-basis document program. Program documentation should be adequate to

demonstrate compliance with the provisions of NFPA 805. The licensee’s transition report,

developed in accordance with the guidelines of NEI 04-02, is an important record of the

assessment and transition of the licensee’s fire protection program and it should be

incorporated in the document required under NFPA 805, Section 2.7.1.2, or included as a

supporting document under NFPA 805, Section 2.7.1.3.

3.3 Radiation Release

Licensees should identify the sources of radioactive materials that could be released

during a fire (e.g., wastes, resins, and spent fuel) and evaluate the fire protection provided for

these sources and the adequacy of fire response procedures to manage or control radioactive

release. Appendix G to NEI 04-02 specifically describes the need to manage potentially

contaminated fire suppression runoff. Licensee fire response procedures should also address

control or confinement of contaminated smoke and gases.
11

4. NFPA 805 Analytical Methods and Tools

4.1 General

Engineering analyses and associated methods that the licensee applies to demonstrate

compliance with the nuclear safety and radioactive release performance criteria should have

the requisite degree of technical and defensible justification, as dictated by the scope

and complexity of the specific application. Persons qualified in the specific analytical methods

should perform these analyses which should include any necessary verification and validation

of methods used in the specific applications.

4.2 Fire Models

Section 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, state that the fire models shall only be applied within their analytical limitations and

shall be verified and validated.

To the extent that the NRC finds certain fire models and calculational methods

acceptable for use in performance-based analyses, licensees should only need to justify

that the models and methods are appropriate for the specific applications. These analyses

may use simple hand calculations, the methods of NUREG-1805, “Fire Dynamics Tools

(FDTs

) Quantitative Fire Hazard Analysis Methods for the U.S. Nuclear Regulatory Commission

Fire Protection Inspection Program,” dated October 2004, or more complex computer models,

depending on the specific conditions of the scenario being evaluated. Appendix C to NFPA 805

and Appendix D to NEI 04-02 contain detailed discussions that should be useful in evaluating

and applying fire models and the associated methods.

The NRCs Office of Nuclear Regulatory Research (RES) and the Electric Power Research

Institute (EPRI) are currently developing verification and validation (V&V) documents for

specific fire models that will be acceptable, subject to review and approval by the NRC’s

Office of Nuclear Reactor Regulation, if they are used within the ranges identified in

the V&V documents. The specific fire models to be documented include (1) NUREG-1805,

“Fire Dynamics Tools (FDTs

),” (2) Fire-Induced Vulnerability Evaluation (FIVE), Revision 1,

(3) the National Institute of Standards and Technology (NIST) Consolidated Model of Fire

Growth and Smoke Transport (CFAST), (4) the Electricité de France (EdF) MAGIC code, and

(5) the NIST Fire Dynamics Simulator (FDS). The NRC plans to revise this regulatory guide

in the future to endorse the specific fire models cited above for use in implementing NFPA 805,

and will identify the limitations and constraints for such applications.

Licensees may propose the use of fire models that have not been specifically approved

by the NRC; however, verification and validation of the fire models are the responsibility of the

licensee and subject to NRC review and approval, in accordance with 10 CFR 50.48(c)(4). Any fire

model applied to the change evaluation process should conform to NFPA 805 requirements,

and the licensee should verify that the applied model meets those requirements.
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4.3 Fire Probabilistic Safety Assessment/Risk Analysis

Section 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 NRC

for the fire PSA should continue to be acceptable when used within the appropriate bounds

and limitations of the particular method. To the extent that the NRC finds certain PSA methods

acceptable for use in meeting NFPA 805 requirements, licensees should only need to justify

the methods that are appropriate for the specific applications. These analyses may use

screening methods or more complex quantitative PSA methods, depending on the specific conditions

of the scenario being evaluated. Appendix D to NFPA 805 provides useful information

for implementing the requirements of NFPA 805; specific guidance contained within

this appendix is acceptable to the staff for the use and application of PSA, when applied

in accordance with the positions presented in Section C of this regulatory guide.

When licensees choose to rely on information in an internal events-based

PSA/probabilistic risk assessment (PRA) model to quantify risk associated with fires,

they should review the analysis to ensure that the model addresses applicable NFPA 805

requirements, 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

that should be addressed when applying internal events-based analyses to the assessment

of risk from fires. Based on the review, the licensee should modify its internal events-based

PSA/PRA model, as necessary, to meet applicable NFPA 805 requirements. It should be

noted that the conditional core damage probability demonstrated by a plant’s individual plant

examination of external events (IPEEE), or the internal events PRA model supporting

the plant’s IPEEE, may be conservative since, in some cases, credit may not be taken

for potential safe shutdown/core damage 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 and

adequacy (e.g., inputs, assumptions, data) in meeting the NFPA 805 requirements. 

Licensees may reconsider scenarios previously screened from analysis, if changes

associated with NFPA 805 implementation or compliance alter the scope of the original

analysis or the screening conclusions. One should note that some detailed fire PRAs

implicitly model failure of fire detectors and manual/automatic suppression per fire area and

scenario when assigning the fire initiation frequency to that particular scenario. If so, any

“modification factor,” typically called a “severity factor” and employed to compensate for the fire

initiation frequency not implicitly accounting for detection or suppression, should not include

considerations of these to avoid any non-conservative double-counting.

The NRC is currently developing additional guidance for application of risk analysis

in support of NFPA 805 implementation. The NRC plans to revise this regulatory guide

in the future to endorse the specific risk assessment methods for use in implementing NFPA 805.
13

4.4 Circuit Analysis

Section 2.4.2.2 of NFPA 805 dictates that the licensee identify circuits required for the

nuclear safety functions.

Section 2.4.2.4 of NFPA 805 requires that licensees perform an engineering analysis

to determine the effects of fire or fire suppression activities on the circuits identified according

to Section 2.4.2.2 of NFPA 805 to demonstrate the plant’s ability to achieve the nuclear safety

performance criteria of NFPA 805, Section 1.5. Chapter 4 of NFPA 805 provides acceptable

methods for determining the fire protection systems and features required to meet the

performance criteria.

Appendix B to NFPA 805 describes an acceptable approach for identifying the circuits

required for nuclear safety functions. The nuclear safety circuit analysis performed

in accordance with Section B.3.2 of Appendix B to NFPA 805 should include consideration of

possible equipment damage and the inability to restore equipment operability caused by

spurious actuation, in accordance with the guidance provided in NRC Information Notice (IN)

92-18, “Potential for Loss of Remote Shutdown Capability During a Control Room Fire,” dated

February 2002 and Regulatory Guide 1.106, “Thermal Overload Protection for Electric Motors

on Motor-Operated Valves,” dated November 1975.

In addition, NEI 00-01, Revision 0, “Guidance for Post-Fire Safe-Shutdown Analysis,”

dated May 2003, provides guidance for circuit analysis. The Commission has evaluated

the guidance for circuit analyses provided by NEI 00-01 and plans to endorse this guidance

once it is revised to address NRC comments. The NRC will provide the results of that evaluation

in a future generic communication.
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D. IMPLEMENTATION

The purpose of this section is to provide information to licensees regarding the NRC’s plans

for using this regulatory guide.

Except in those cases in which a licensee proposes or has previously established

an acceptable alternative method for complying with specified portions of the NRC’s regulations, the

NRC staff will use the methods described in this guide to evaluate licensee compliance with

the requirements of 10 CFR 50.48(c). 

Regulatory Analysis

The 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 amendments

to 10 CFR Part 50, “Voluntary Fire Protection Requirements for Light-Water Reactors;

Adoption of NFPA 805 as a Risk-Informed, Performance-Based Alternative,” issued on June 16,

2004 (see 69 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 the NRC’s Public Document Room located at One White Flint North, 11555 Rockville Pike,

Room O1-F15, Rockville, Maryland.

Backfit Analysis

As stated in the backfit analysis for the rulemaking (see 69 FR 33536), the rulemaking

does not involve a backfit because it does not impose new regulatory requirements. Further,

the adoption of NFPA 805 by a licensee is voluntary. Similar to the rule, this regulatory guide

does not involve a backfit because it does not impose requirements on the licensees.
15

REFERENCES

BTP APCSB 9.5-1, “Guidelines for Fire Protection for Nuclear Power Plants,” Branch

Technical Position, 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. Nuclear

Regulatory 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 0, Nuclear Energy

Institute, May 2003.

NEI 04-02, “Guidance for Implementing a Risk-Informed, Performance-Based Fire Protection

Program Under 10 CFR 50.48(c),” Revision F, Nuclear Energy Institute, July 2004.

NFPA 805, “Performance-Based Standard for Fire Protection for Light-Water Reactor Electric

Generating Stations,” 2001 Edition, National Fire Protection Association, Quincy, MA.

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

for 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 (FDTs

) Quantitative Fire Hazard Analysis Methods for the

U.S. Nuclear Regulatory Commission Fire Protection Inspection Program,” Draft Report for

Comment, Volumes 1 and 2, June 2003.

Regulatory Guide 1.106, “Thermal Overload Protection for Electric Motors on Motor-Operated

Valves,” November 1975.

Regulatory Guide 1.174, “An Approach for Using Probabilistic Risk Assessment in RiskInformed 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-Fire Safe-Shutdown Associated Circuit Inspections,” March 2, 2004.

SECY-98-058, “Development of a Risk-Informed, Performance-Based Regulation

for Fire Protection at Nuclear Power Plants,” March 26, 1998.
16

SECY-00-0009, “Rulemaking Plan, Reactor Fire Protection Risk-Informed, PerformanceBased Rulemaking,” January 15, 2000.

SECY-02-132, “Proposed Rule: Revision of 10 CFR 50.48 to Permit Light-Water Reactors

to Voluntarily Adopt National Fire Protection Association (NFPA) Standard 805, ‘PerformanceBased Standard for Fire Protection for Light-Water Reactor Electric Generating Plants,’ 2001

Edition (NFPA 805), as an Alternative Set of Risk-Informed, Performance-Based Fire

Protection Requirements,” July 15, 2002.

SECY-04-0050, “Final Rule: Revision of 10 CFR 50.48 to Allow Performance-Based

Approaches 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 of

Production and Utilization Facilities.”

U.S. Code of Federal Regulations, Appendix A, “General Design Criteria for Nuclear Power

Plants,” 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 Power

Facilities Operation Prior to January 1, 1979,” to Title 10, Part 50, of the U.S. Code of Federal

Regulations.

U.S. Code of Federal Regulations, Title 10, Section 50.48, “Fire Protection.”

U.S. Nuclear Regulatory Commission, “Voluntary Fire Protection Requirements for LightWater 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 LightWater Reactors; 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.

GLOSSARY

NFPA 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 terminology

applicable to nuclear power generating stations. Where potential differences or conflicts exist

between definitions in NFPA 805 and other fire protection regulatory documents, and where

these definitions are important to the licensing basis, the licensee’s documentation should clearly

identify the definition that is being applied.