[Code of Federal Regulations]
[Title 10, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR50.48]

[Page 736-739]
 
                            TITLE 10--ENERGY
 
                CHAPTER I--NUCLEAR REGULATORY COMMISSION
 
PART 50_DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES
--Table of Contents
 
Sec. 50.48  Fire protection.

    (a)(1) Each operating nuclear power plant must have a fire 
protection plan that satisfies Criterion 3 of appendix A to this part. 
This fire protection plan must:
    (i) Describe the overall fire protection program for the facility;
    (ii) Identify the various positions within the licensee's 
organization that are responsible for the program;
    (iii) State the authorities that are delegated to each of these 
positions to implement those responsibilities; and
    (iv) Outline the plans for fire protection, fire detection and 
suppression capability, and limitation of fire damage.
    (2) The plan must also describe specific features necessary to 
implement the program described in paragraph (a)(1) of this section such 
as--
    (i) Administrative controls and personnel requirements for fire 
prevention and manual fire suppression activities;

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    (ii) Automatic and manually operated fire detection and suppression 
systems; and
    (iii) The means to limit fire damage to structures, systems, or 
components important to safety so that the capability to shut down the 
plant safely is ensured.
    (3) The licensee shall retain the fire protection plan and each 
change to the plan as a record until the Commission terminates the 
reactor license. The licensee shall retain each superseded revision of 
the procedures for 3 years from the date it was superseded.
    (b) Appendix R to this part establishes fire protection features 
required to satisfy Criterion 3 of appendix A to this part with respect 
to certain generic issues for nuclear power plants licensed to operate 
before January 1, 1979.
    (1) Except for the requirements of Sections III.G, III.J, and III.O, 
the provisions of Appendix R to this part do not apply to nuclear power 
plants licensed to operate before January 1, 1979, to the extent that--
    (i) Fire protection features proposed or implemented by the licensee 
have been accepted by the NRC staff as satisfying the provisions of 
Appendix A to Branch Technical Position (BTP) APCSB 9.5-1 reflected in 
NRC fire protection safety evaluation reports issued before the 
effective date of February 19, 1981; or
    (ii) Fire protection features were accepted by the NRC staff in 
comprehensive fire protection safety evaluation reports issued before 
Appendix A to Branch Technical Position (BTP) APCSB 9.5-1 was published 
in August 1976.
    (2) With respect to all other fire protection features covered by 
Appendix R, all nuclear power plants licensed to operate before January 
1, 1979, must satisfy the applicable requirements of Appendix R to this 
part, including specifically the requirements of Sections III.G, III.J, 
and III.O.
    (c) National Fire Protection Association Standard NFPA 805.
    (1) Approval of incorporation by reference. National Fire Protection 
Association (NFPA) Standard 805, ``Performance-Based Standard for Fire 
Protection for Light Water Reactor Electric Generating Plants, 2001 
Edition'' (NFPA 805), which is referenced in this section, was approved 
for incorporation by reference by the Director of the Federal Register 
pursuant to 5 U.S.C. 552(a) and 1 CFR part 51. Copies of NFPA 805 may be 
purchased from the NFPA Customer Service Department, 1 Batterymarch 
Park, P.O. Box 9101, Quincy, MA 02269-9101 and in PDF format through the 
NFPA Online Catalog (www.nfpa.org) or by calling 1-800-344-3555 or (617) 
770-3000. Copies are also available for inspection at the NRC Library, 
Two White Flint North, 11545 Rockville Pike, Rockville, Maryland 20852-
2738, and at the NRC Public Document Room, Building One White Flint 
North, Room O1-F15, 11555 Rockville Pike, Rockville, Maryland 20852-
2738. Copies are also available at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call (202) 741-6030, or go to: http://
www.archives.gov/federal--register/code--of--federal--regulations/ibr--
locations.html.
    (2) Exceptions, modifications, and supplementation of NFPA 805. As 
used in this section, references to NFPA 805 are to the 2001 Edition, 
with the following exceptions, modifications, and supplementation:
    (i) Life Safety Goal, Objectives, and Criteria. The Life Safety 
Goal, Objectives, and Criteria of Chapter 1 are not endorsed.
    (ii) Plant Damage/Business Interruption Goal, Objectives, and 
Criteria. The Plant Damage/Business Interruption Goal, Objectives, and 
Criteria of Chapter 1 are not endorsed.
    (iii) Use of feed-and-bleed. In demonstrating compliance with the 
performance criteria of Sections 1.5.1(b) and (c), a high-pressure 
charging/injection pump coupled with the pressurizer power-operated 
relief valves (PORVs) as the sole fire-protected safe shutdown path for 
maintaining reactor coolant inventory, pressure control, and decay heat 
removal capability (i.e., feed-and-bleed) for pressurized-water reactors 
(PWRs) is not permitted.
    (iv) Uncertainty analysis. An uncertainty analysis performed in 
accordance with

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    Section 2.7.3.5 is not required to support deterministic approach 
calculations.
    (v) Existing cables. In lieu of installing cables meeting flame 
propagation tests as required by Section 3.3.5.3, a flame-retardant 
coating may be applied to the electric cables, or an automatic fixed 
fire suppression system may be installed to provide an equivalent level 
of protection. In addition, the italicized exception to Section 3.3.5.3 
is not endorsed.
    (vi) Water supply and distribution. The italicized exception to 
Section 3.6.4 is not endorsed. Licensees who wish to use the exception 
to Section 3.6.4 must submit a request for a license amendment in 
accordance with paragraph (c)(2)(vii) of this section.
    (vii) Performance-based methods. Notwithstanding the prohibition in 
Section 3.1 against the use of performance-based methods, the fire 
protection program elements and minimum design requirements of Chapter 3 
may be subject to the performance-based methods permitted elsewhere in 
the standard. Licensees who wish to use performance-based methods for 
these fire protection program elements and minimum design requirements 
shall submit a request in the form of an application for license 
amendment under Sec. 50.90. The Director of the Office of Nuclear 
Reactor Regulation, or a designee of the Director, may approve the 
application if the Director or designee determines that the performance-
based approach;
    (A) Satisfies the performance goals, performance objectives, and 
performance criteria specified in NFPA 805 related to nuclear safety and 
radiological release;
    (B) Maintains safety margins; and
    (C) Maintains fire protection defense-in-depth (fire prevention, 
fire detection, fire suppression, mitigation, and post-fire safe 
shutdown capability).
    (3) Compliance with NFPA 805.
    (i) A licensee may maintain a fire protection program that complies 
with NFPA 805 as an alternative to complying with paragraph (b) of this 
section for plants licensed to operate before January 1, 1979, or the 
fire protection license conditions for plants licensed to operate after 
January 1, 1979. The licensee shall submit a request to comply with NFPA 
805 in the form of an application for license amendment under Sec. 
50.90. The application must identify any orders and license conditions 
that must be revised or superseded, and contain any necessary revisions 
to the plant's technical specifications and the bases thereof. The 
Director of the Office of Nuclear Reactor Regulation, or a designee of 
the Director, may approve the application if the Director or designee 
determines that the licensee has identified orders, license conditions, 
and the technical specifications that must be revised or superseded, and 
that any necessary revisions are adequate. Any approval by the Director 
or the designee must be in the form of a license amendment approving the 
use of NFPA 805 together with any necessary revisions to the technical 
specifications.
    (ii) The licensee shall complete its implementation of the 
methodology in Chapter 2 of NFPA 805 (including all required evaluations 
and analyses) and, upon completion, modify the fire protection plan 
required by paragraph (a) of this section to reflect the licensee's 
decision to comply with NFPA 805, before changing its fire protection 
program or nuclear power plant as permitted by NFPA 805.
    (4) Risk-informed or performance-based alternatives to compliance 
with NFPA 805. A licensee may submit a request to use risk-informed or 
performance-based alternatives to compliance with NFPA 805. The request 
must be in the form of an application for license amendment under Sec. 
50.90 of this chapter. The Director of the Office of Nuclear Reactor 
Regulation, or designee of the Director, may approve the application if 
the Director or designee determines that the proposed alternatives:
    (i) Satisfy the performance goals, performance objectives, and 
performance criteria specified in NFPA 805 related to nuclear safety and 
radiological release;
    (ii) Maintain safety margins; and
    (iii) Maintain fire protection defense-in-depth (fire prevention, 
fire detection, fire suppression, mitigation, and post-fire safe 
shutdown capability).
    (d)-(e) [Reserved]

[[Page 739]]

    (f) Licensees that have submitted the certifications required under 
Sec. 50.82(a)(1) shall maintain a fire protection program to address 
the potential for fires that could cause the release or spread of 
radioactive materials (i.e., that could result in a radiological 
hazard). A fire protection program that complies with NFPA 805 shall be 
deemed to be acceptable for complying with the requirements of this 
paragraph.
    (1) The objectives of the fire protection program are to--
    (i) Reasonably prevent these fires from occurring;
    (ii) Rapidly detect, control, and extinguish those fires that do 
occur and that could result in a radiological hazard; and
    (iii) Ensure that the risk of fire-induced radiological hazards to 
the public, environment and plant personnel is minimized.
    (2) The licensee shall assess the fire protection program on a 
regular basis. The licensee shall revise the plan as appropriate 
throughout the various stages of facility decommissioning.
    (3) The licensee may make changes to the fire protection program 
without NRC approval if these changes do not reduce the effectiveness of 
fire protection for facilities, systems, and equipment that could result 
in a radiological hazard, taking into account the decommissioning plant 
conditions and activities.

[65 FR 38190, June 20, 2000, as amended at 69 FR 33550, June 16, 2004]