Exigent License Amendment

An Exigent Amendment is a way to change the TS requirements in a short amount of time. This is normally necessary when an emergent plant problem would normally require a plant shutdown and you don't have enough time to go through a full 50.90 Amendment process.

The faster version of this is the Emergency Amendment process.

The even faster version of this is the NOED process which involves a phone call request an minimal review time.

10 CFR 50.91(a)(6)

(6) Where the Commission finds that exigent circumstances exist, in that a licensee and the Commission must act quickly and that time does not permit the Commission to publish a Federal Register notice allowing 30 days for prior public comment, and it also determines that the amendment involves no significant hazards considerations, it:

(i)

(A) Will either issue a Federal Register notice providing notice of an opportunity for hearing and allowing at least two weeks from the date of the notice for prior public comment; or

(B) Will use local media to provide reasonable notice to the public in the area surrounding a licensee's facility of the licensee's amendment and of its proposed determination as described in paragraph (a)(2) of this section, consulting with the licensee on the proposed media release and on the geographical area of its coverage;

(ii) Will provide for a reasonable opportunity for the public to comment, using its best efforts to make available to the public whatever means of communication it can for the public to respond quickly, and, in the case of telephone comments, have these comments recorded or transcribed, as necessary and appropriate;

(iii) When it has issued a local media release, may inform the licensee of the public's comments, as necessary and appropriate;

(iv) Will publish a notice of issuance under § 2.106;

(v) Will provide a hearing after issuance, if one has been requested by a person who satisfies the provisions for intervention specified in § 2.309 of this chapter;

(vi) Will require the licensee to explain the exigency and why the licensee cannot avoid it, and use its normal public notice and comment procedures in paragraph (a)(2) of this section if it determines that the licensee has failed to use its best efforts to make a timely application for the amendment in order to create the exigency and to take advantage of this procedure.

See also

• TS Amendment
• NOED

Ways to avoid following the TS. (See Template:Amendment levels)

Time	Type	oe
Normal
> 1 year	Long - NRC is just taking a long time
1 year	Normal - NRC normal review time is expected to be within a year
< 1 year	Shorten - Licensee request a shorter turnaround to meet plant events
< 6 months	Expedited - Licensee requests a fast turnaround. NRC doesn't appreciate this.
Asking permission on a short timeline
< 30 days	Exigent License Amendment	The NRC needs to give a 30 day public comment period unless there is cause.
< 14 days	Emergency License Amendment	The NRC may grant permission without public comment.Public comment period is done afterward.
< 1 day	Notice of Enforcement Discretion (NOED)	NRC chooses not to penalize a licensee for violating TS
Without NRC Permission
Immediately	50.54(x)	A plant Operator has permission to violate TS for a good reason.
Discovered after the fact	You discover that equipment was Inoperable prior to discovery. This usually means a condition prohibited by tech specs.
Resources:
NEI 06-02, License Amendment Request Guidelines, LIC-109, Acceptance Review Procedures