Seabrook
EALs are based on the scheme described in NUREG-0654/FEMA-REP-1, Criteria for Preparation and Evaluation of Radiological Emergency Response Plans and Preparedness in Support of Nuclear Power Plants, Revision 1, November 1980 (
NUREG-0654). In 1994
FPL added the following mode applicability note to
EALs 6b, 6e, and 6f using the provisions of
10 CFR 50.54(q): This initiating condition does not apply in Modes 5 and 6 or when the reactor is defueled. During an
EAL review conducted in 2007 in response to
RIS 2007-01, Clarification of NRC Guidance for Maintaining a Standard Emergency Action Level Scheme,
FPL determined that the mode applicability note added in 1994 was inappropriate. The note was inappropriate because, when it was added, the affected
EALs no longer adhered to the
NUREG-0654 EAL scheme.
RIS 2007-01 highlighted similar inappropriate uses of
10 CFR 50.54(q) to modify
EAL schemes. The
RIS stated that if a licensee identified a decrease in
emergency plan effectiveness caused by
EAL changes completed through the inappropriate application of
10 CFR 50.54(q), the NRC expected the licensee to immediately take action to achieve compliance with regulations. NRC
EGM-07-003, Enforcement Guidance Memorandum - Disposition of Violations of
10 CFR 50.47(b)(4) for Failure to Maintain a Standard Emergency Action Level Scheme, stated that the NRC would consider
enforcement discretion for licensees who identified a decrease in
emergency plan effectiveness that the NRC determined was non-willful and that resulted from
EAL changes described in
RIS 2007-01. The EGM specified three conditions for discretion. First, the licensee had to complete the necessary
EAL changes by May 13, 2007. Second, discretion was appropriate if the necessary
EAL changes were limited to the Unusual Event or Alert classification levels. Third,
enforcement discretion would be considered on a case-by-case basis for changes that affected the Site Area Emergency or General Emergency levels.
FPL did not complete the necessary changes to
EALs 6b, 6e, and 6f until June 1, 2007 (Seabrook
Emergency Plan Revision 54), and
EAL 6e and 6f were for the Site Area Emergency level. Because
FPL did not complete the necessary changes before May 13, 2007, and two of the three affected
EALs were at the Site Area Emergency level, this issue will require further NRC management review and is being documented as an unresolved item.
