Information Notice 1985-55, Revised Emergency Exercise Frequency Rule

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Revised Emergency Exercise Frequency Rule
ML031180206
Person / Time
Site: Beaver Valley, Millstone, Hatch, Monticello, Calvert Cliffs, Dresden, Davis Besse, Peach Bottom, Browns Ferry, Salem, Oconee, Mcguire, Nine Mile Point, Palisades, Palo Verde, Perry, Indian Point, Fermi, Kewaunee, Catawba, Harris, Wolf Creek, Saint Lucie, Point Beach, Oyster Creek, Watts Bar, Hope Creek, Grand Gulf, Cooper, Sequoyah, Byron, Pilgrim, Arkansas Nuclear, Braidwood, Susquehanna, Summer, Prairie Island, Columbia, Seabrook, Brunswick, Surry, Limerick, North Anna, Turkey Point, River Bend, Vermont Yankee, Crystal River, Haddam Neck, Ginna, Diablo Canyon, Callaway, Vogtle, Waterford, Duane Arnold, Farley, Robinson, Clinton, South Texas, San Onofre, Cook, Comanche Peak, Yankee Rowe, Maine Yankee, Quad Cities, Humboldt Bay, La Crosse, Big Rock Point, Rancho Seco, Zion, Midland, Bellefonte, Fort Calhoun, FitzPatrick, McGuire, LaSalle, 05000000, Zimmer, Fort Saint Vrain, Shoreham, Satsop, Trojan, Atlantic Nuclear Power Plant, Skagit, Marble Hill, Crane
Issue date: 07/15/1985
From: Jordan E
NRC/IE
To:
References
IN-85-055, NUDOCS 8507110068
Download: ML031180206 (14)


SSINS No.:

6835 IN 85-55

UNITED STATES

NUCLEAR REGULATORY COMMISSION

OFFICE OF INSPECTION AND ENFORCEMENT

WASHINGTON, D.C.

20555

July 15, 1985

IE INFORMATION NOTICE NO. 85-55:

REVISED EMERGENCY EXERCISE FREQUENCY RULE

Addressees

All nuclear power reactor facilities holding an operating license (OL) or a

construction permit (CP).

Purpose

This notice is to alert licensees of revised requirements regarding the frequency

of participation by state and local governments in emergency preparedness

exercises at nuclear power reactor sites.

It is expected that addressees will

review the information provided for applicability to their program.

Suggestions

contained in this notice do not constitute NRC requirements; therefore, no

specific action or written response is required.

Description of Circumstances

On July 6, 1984, the Commission published in the Federal Register (49 FR 27733)

(Attachment 1) a revised rule effective August 6, 1984, relating to emergency

preparedness exercises.

The revised 10 CFR Part 50, Appendix E, Section IV.F.

relaxes the frequency of participation by state and local governments in emergency

preparedness exercises from annually to biennially.

This relaxation applies to

state and local governments that have fully participated (as defined in the

revised rule) in a joint exercise since October 1, 1982.

In addition, the new

rule requires (1) each licensee at each site to conduct an exercise of its on- site plan annually, (2) each licensee to provide an opportunity for state and

local governments to participate annually, (3) each state within the plume

exposure pathway EPZ of a given site to fully participate in an offsite exercise

for that site at least once every 7 years, (4) each state within any ingestion

exposure pathway EPZ to exercise its plans and preparedness related to ingestion

exposure pathway measures every 5 years at some site, and (5) the NRC, in consul- tation with FEMA, to determine the need for and extent of state and local

participation in remedial exercises.

This rule change also specifies that a full participation exercise shall be

held within 1 year before operation above 5 percent of rated power and "shall

include participation by each [s~tate and local government within the plume expo- sure pathway EPZ and each [s]tate within the ingestion exposure pathway EPZ."

(Note, however, that the United States Court of Appeals for the D.C. Circuit in

UCS v. NRC, 735 F.2d 1437 vacated the 1982 amendment to the NRC's regulations

whiTch stated that emergency preparedness exercises were part of the operational

inspection process and not part of any operating license hearing.

Therefore, an

8507110068

IN 85-55 July 15, 1985 applicant should consider scheduling a full participation exercise to permit

litigation of issues concerning the implementation of emergency preparedness as

demonstrated by the exercise.)

To meet the intent of this revised regulation, the NRC staff has determined that

licensees should conduct exercises involving onsite participation at least once

each calendar year (annually) and joint exercises involving the participation of

offsite agencies, which meet the above requirements, at least once every second

calendar year (biennially).

The degree of participation of offsite agencies is specified in the regulation.

The licensees are expected to coordinate the scheduling of the participation of

offsite agencies with the appropriate state and local governments and with the

NRC and FEMA regional offices.

For example, a licensee holding a joint exercise

in November of 1985 would meet the biennial requirement by holding another joint

exercise during 1987, and would meet the annual requirement by holding an onsite

exercise during 1986.

The conduct of a remedial exercise does not alter annual

and biennial exercise requirements.

Licensees were previously requested by the respective NRC Regional Administrators

to use the milestones established in FEMA Guidance Memorandum #17, "Conducting

Pre-Exercise and Post-Exercise Activities," dated January 8, 1981, in submitting

exercise objectives and scenarios for FEMA and NRC review (Attachment 2).

Licensees should continue to adhere to these milestones for each exercise involving

offsite participation.

Guidance concerning the criteria to be used for determining

when remedial exercises will be required is contained in the attached FEMA

Guidance Memorandum EX-1 (Attachment 3).

No specific action or written response is required by this information notice.

If you need additional information regarding this matter, please contact the

Regional Administrator of the appropriate NRC regional office or this office.

od n, Director

Divi %on of Emergency Preparedness

a

Engineering Response

Office of Inspection and Enforcement

Technical Contact:

Edward M. Podolak, IE

(301) 492-7290

Attachments:

1. Federal Register Notice 49 FR 27733

2. FEMA Guidance Memorandum #17.

3. FEMA Guidance Memorandum EX-1

4. List of Recently Issued IE Information Notices

Federal Register / VoL 49. No.'131 / Friday. July a, 194 / Rules and Regulations

27=:

NUCSLEAR REGULATORY

COMMISSION

10 CFR Part 50

Emergency Planning and

Preparedness

Aavsc'r Nuclear Regulatory

Commission.

ACTIctw F-nal rule.

SUIEAFr. The Commission is amending

its rerulations to relax the frequency of

participation by State and local

governmental authorities in emergency

preparedness exercises at nuclear

power reactbr sites. This relaxation

reflects experience gained in observing

and evaluating over 150 emergency

preparedness exercises since 1980.

EFFECTIVE DVA.T August 6.1984.

FOR FURTHER INFORMATION

CONTACT

-Michael T. Jamgochian. Accident Source

Term Program Office. Office of Nuclear

Regulatory Research. U.S. Nuclear

Regulatory Comsniision. Washington.

DC 205S5. telephone (301) 443-7615.

SUPPLENEN-ARY INFORMAnON On July

21. 983. the Commission published in

the Federal Register a proposed rule

relating to emergency preparedness

exercises (48 FR 33307). The proposed

i.le retained the presently required

arnnual. ill-participation exercise with a

proviso that. if al major elements in the

emergency plan are performed in a

satisfactory manner during the annual

exercise, FEMA may recommend and

the NRC may find that another exercise

with State and local government

participation is not required for up to 2 yearsm The proposed rule did not relax in

any manner the annual requirement for

onsite e*ercises that each licensee is

required to conduct which include

exercising the control room. technical

support center, and emergency

operation facility functions.

Immediately after the Commission

approved publication of the proposed

rule, the Director of FEMAP ote to NRC

Chairman Palladino. urging the

Commission to "

'

  • adopt biennial

exercise frequency language * * *" in 10

CFR Part SO, Appendix E to assure

consistency in the regulations.

FEMAvs final regulation. 44 CFR 350.

published In the Federal Register on

September 2B 1983 48 FR 44332),

reduced State and local participation in

emergency preparedness exercises to a

frequency of once every 2 years. The

FEMA final rule is not consistent with

the position taken by the Commission in

-the NRC proposed rule (an annual

frequency with a specific NRC finding

necessary for relaxation). This

difference was a source of some concern

to both agencies and to some of the

commenters on the NRC proposed rule.

The FEMA regulation requires that a

State within the plume exposure

pathway EPZ fully participate in an

exercise every 2 years with no

requirement on the return frequency at a

specific site. Typically, therefore. a State

with two sites might be expected to fully

participate in an exercise at a specific

site at least every 4 years, a State with

three sites, every 6 years: four sites.

every 8 years: five sites, every 10 years.

etc. Whereas, the enclosed NRC rule

change stipulates that a State within the

pltune exposure pathway EPZ fully

participate in an exercise every 2 years

with a retun frequency of at least once

every 7 years at a specific site. Both

rules require a multi-site State. when not

fully participating in an exercise at a

specific site, to partially participate

every 2 years at that specific site in

order to support the participation of the

appropriate local governments.

The Commission has selected a return

frequency of 7 years because presently

no State has more than 7 operating and/

or planned reactors and Slates with that

number of sites or less would not be

required to exercise in a full

participation mode more often than

about once a year.

Public Commabta

The NRC proposed rile was published

In the Federal Register with a 60-day

comment period on July 21. S83 (48 FR

33307). Seventyone comment letters

were received and evaluated by the

NRC staf£

Those commenters (55) favoring

relaxing the frequency of State and local

governmental participation In

emergency preparedness exercises were

utilities. consulting firms representing

utilities. two State Governors. State and

local governmental agencies. FLNIA and

private citizens.

Those commenters (14) opposing

relaxing the frequency of State and local

governmental peaticipation in

emergency preparedness exercises were

an information service, environmental

gpoups, a State Governor. State and

local governmental agencies, EPA and

private citizens.

The comments raisedseveral

significant Issues, to which the

Commission responds as follows:

Jssue No.

Should the Commission adopt a

biennial exercise frequency for State

and local government participation with

a proviso for remedial exercises for the

correction of serious deficiecies rather

than the exercise frequency contained in

the proposed rule?

Discussion This issue was addressed

by many State and local governmental

comment letters whose concerns are

generaly characterized by the following

quote from the FEMA comment letten

The NRC propol will be diicult to

administer. For example. objedtve critera

will need to be developed for use in

determining whether State and local

governments have perforned in a satisfactory

enough manner to warrant an exemption

from the succeeding year's exercise. It will be

difficult to apply such criteria to the

satisfaction of State and local governments

The NRC proposal would create complex

situations such as what to dol if some

jurisdictions perfor

in an unsatisfactory

manner and the others in a satisfactory

manner. Would all jurisdicions have to

exercise the next year or only the

unsatisfactory ones? If only the

unsatisfactory ones. an unworkable condition

would result wherinso=e jurisdictions

would be on annual and others on biennial

frequency. Inequities would result Further.

the time involved for evaluating exercise

results. including getting commitments from

State and local gover:nents to take

co-rective actions, has proved time

consuning in the past. If we add time for the

NRC to make a finding after FIA's

recommendation. a good portion of a year

could be consumed This would cause

uncertainty and instability in State and local

governents. which should be avoided

Attachment 1

IN 85-55 July 15, 1986 Fe14rterA

41Jo: n, Fr ddtl )

8,.*aq I.Uldi

j&

Commission Reponwc-..

z- '.

Commisajon recoies the -

._

implc=n~htild diffilties with thg

propoQ

MC zpproachlartnn

freque

yldth a find torelxa4 T:his

was pointed but by the MRCemergency

preparedness regional fdspectors. a

majority of the comment letters, the

general thrust in two petition's far

rulemalng. I and theACRS.

issue No2

Will less frequent exercises result in

=aking personnel and equipment less

effective cr reliable and therefore

reduce the level of safety?

Discvssisn. A few comenters.

pr.marily citizens and gemamentaj

organizations. addressed thdi issue by

pon-tin out that State aid local

emergency response organizations must

frequently respond to various natural

and man-made emergencies. 7Is

continuum of real life emergencies

exercises personnel, equimte

communication networks and

organizetronal strcctures on a requnt

basis.

The following quote from a comment

letter set.

ries this concern:

Wrile an emergency situation at a nuclear

power plant may call for some procedwres

tEt are dIfferent from those used under other

emergency sicattors. many of the response

and evaceen meewres will be similar. If

not identicaL A :nyriad of maior and mince

emergencies dermand the maintecance of a

force o personel viined in thee

procedurec. By retpomding to other

emergenzy a

.atio= such as chemical spills.

the emergezcy response personnel will be

rehearsing many of the procedures they

would ue in theevetzof La energency

situatien at a nucJear power plant Some

examples ct these procedures wvu3d ici.

not ifcatiou of approptiate local audfoities

erablizhirg coaics tion tirks between

locaL regionzl iud state ergey

repormw

persnneL zEu evacuating or Flnding helter

fcr the aIleced pop :ltsce.

Cozmission Respons: Because

emergency response psonnel at the

State Lad local government kvel

continuously respoud to actoal

emergemcis the Codion

does not

consider that relaxing the frequency of

State and local govertment

participation

in

ency preparedness exercises

would adversely affect the heahth and

safety of the public.

A provision has been added in the

final rule to permit State or local

' On March

. 2.= me Coi

on reived a

pet don for -wnakLm

lPM-W-3Z from Natonua

Eme.Fency l

tamew

AaaocauaaL On Aupnt 30,

19e &.4 Crc_--ma.oc n1ived a petition for

ueaking (P

SC 41 from the A4-utan Gcneral

of the Sihe of South CsmL-A. The reneral thrust of

bout pe-oow urgped be relaxuanutf ti frequency

o! en .

ne.n., r;rcedn-se cx. .r.es.

gove nt p rtlcipation

.th-

...

licensee's -=nual

exercis

A State or

local goverment may conidsr fts

response cqxbility to be less tha=

optial becaus of art umsun:y Lage

personnel turnover or because therc

hare been limited responses to real

emergencies in the ccnmunity. The final

rule requirs the licensee to provide for

State or local govem=et participation

if they indicate such a deskr.

Issue No. S

Will the deletion of NUREG-OSI' as

a footnote adversely affect the interface

between ofisite emergency plans and

the [;censee's emergency plans?

Discussion The proposed rule

included a provision to delete references

to NUREC-0654 throughout the

regulations. NWREG-4 provides

specific criteria for the evaluation of the

standards in I 5OM and is titled.

'Criteria for Preparation and Evaluation

of Radiological Emergency Response

Plans and Preparedness i Support of

Nuclear Plants. A few commenters.

primarily a utility and a state

governmental official. felt that the.

deletion of the NTJREC-o4d

footnote in

the regulations would preclude its use

by reviewers in determining the

adequacy of emergency preparednessI.

Commission Response: The delegatlon

of a reference to NlUREG-054 w121 not

affect it use as a guidance document for

emergency planning. In the 1980

rulemaking. the Commission included

this reference as a means of formally

approving the use of NIEMGS-54. See

45 FR 554eZ 55408 (August 19. 1980).

NUilREC-ft

is endorsed by Regzlatcry

Gtide S.lol,' end will- continue to be

used by reviewers in evaluating the

adequacy of emergency preparedness at

nuclear power reactor sites.

prepednes execises. Fk-A havtt

developed and norw uses a document.

titled "Procecdral Policy onRadieodogice

Emergency Preparedness Plan RevIew.

Exercise Observations and Evalusticn- and Interim Findkngs.'I These

procedures were forwarded to the

FEcMA regions for ase on August S. is83.

Having considered all comme-nts

received, experience gained since ISM.

input from emergency preparedness

regional inspectors, the general thrust of

two petitions for rulemaking. and ACRS

comiments. the Commission has

concluded that the requirements for

frequency of participation by State and

local governmental authorities in

emergency preparedness exercises

around nuclear power reactors should

be relaxed.Te Commission therefore is

promulating a final rule which.

1. Contitues to require licensees to"

conduct an armual onsite emergency

preparedness exercise.

2. Requires that State and local

governments participate in emergency

preparedness exercises every 2 years

with a provision-for remedial exercises

to assure that deficiencies are corrected.

3. Provides that at least once every 7 years. all States within the plume

exposure pathway EP"Z-o a given site

must fully participate in an offisite

exercise for that 4s1

4. Requires licensees to provide a

opportunity for State and local

government participation in the

licensees annual emergency

preparedness exer ise. ard

5. Requires FEMA to determlne the

need for and extent of remedial

exercises.

The final rule is not totally consisten

with FEMA's final regulation (44 CFR

350). This inconsistency lies in the res.

of retmrn frequency fcr Iltipledsite

states as previously discussed. The

FEMA pouition on reu

frequncy isa

significant depammme from the NRC's

proposed regulation (48 FR 3;)

dted.

July 21. 193. The Commission belleves

that more study is needed before- deletion of the return frequency

requirement can be lustified.

The Commission is adopting a

biennial exercise frequency, for State

and local government participation with

a proviso for remedial exercises to

assure the correction of serious

deficiencies. These changes to the

emergency preparedness regulations are

being made because:

a. Experience in observing and

evaluating over 150 exercises has shown

that a disproportioaate amount of

GuCdance for determicits the ceed for. sad

extent o!. reumedisl exerxmses is beinr develope&

Attachment 1

IN 85-55

July 15, 10985 Issuse No. i

.

.

Do adequate procedures exist for NRC

and FEiMA to evaluate wheteir major

elements-are performed satisfactorily

during an exercise?

Disciuiojr Many commnenters.

primarily State and local governmental

authorities as well as utilitiepointed

out that there is a need for uniform

evaluation of exercise performance.

Commission Resporne: The

Commission concurs with the

commenter

In order to provide for

uniform evaluation of emergency

' Copies of these documents are av&iLabLa at the

COMdIrSionS Public DcuMnent Roo. 1717 H

Stet NW_ Washingiona D.C. 3SS. Copies of

these dociumeuts may be purchased from the

Goverunent Prntt~ Orfioe. Inhouom on cmvrert

pnces may be obmatned by wnuns the US. Nudeu

Reguiatory Commission. Washinglon. D.C. =S

Anention: Publizauonn

Sles

W

as e.

Federal Rk-ester /.Yl.L 49; -,No. 131:.I Friday, luly:fl. 1084-( 'Rides anvR u2a7os

Federal. State and local government and

licecsee resources are being expended

in order to conduct and evaluate annual

eniergency preparedness exercises. As a

result of the substantial expenditure of

resources for these exercises. fewer

resources are available to establish and

maintaLn the essential day-to-day

upgraded state of emergency

preparedness.

b. State and local governments

respond to a variety of actual

emn-eencies on a contisaing basis. thus

frecuent~l exercising ther emergency

preparedness capabilities.

c. The flexibility provided for in a

biennial frequency will be an incentive

for State and local governments to

perform.in a satisfactory marmer in

order to avoid conducting remedial

exercises.

And lastly. the Commission notes that

MEMA has had aLmost 3 years of

experience with evaluating State and

local government radiological

emergency planning and preparedness.

With few exceptions. this experience

kas revealed a significant increase in

the level cf State and local government

radiological preparedness as

demcns rated in joint exercises. FEhiA

has evaluated approximately 150

exercises. 1:i only five instances did

FEMA determine that Stale and local

govermr:en-s did not demonstrate

adequate preparedness. The

Commission believes that this enhanced

level of preparedness should be

recoFnized by allowing State and local

governzients to exercise jointly with

utilities or. a binenrial frequency.

On March 17. 1982. the Commission

received a petition for rulemaking

(PIRUM-5C-3) from National Emergency

Management Association. On August 30.

198.7 the Coinm ission received a petition

for nrlemaking (PRM-50-M3)

from the

Adjutant General of the State of South

Carolina. The petition from the National

Emergency Management Association

requested the NRC to relax the

frequency of full participation by State

and local governments in emergency

preparedness exercises from annually to

bier.nia!yv. The petition from South

Carolkia requested that the NRC reduce

the frequency with which local

governmoents must participate in a full

scale emergency preparedness exercise.

The promulgation of this final rule

relaxes *he frequency of full

participation by State and local

govermnnents in emergency preparedness

exercises from annually to biennially.

I his rule completes NRC action by

granting bcth petitions for rulemaking.

Fiding of No Sinificant Eaviro

e6ntal

The Commission has determined

under the Naticnal Environmental Policy

Act of 1989, as amended, and the

Commission's regulations in Subpart A

of 10 CFR Part 51. that this rule Is not a

major Federal action significantly

affecting the quality of the human

environment and therefore an

envirrnmental impact statement is not

required. See 10 CFR 51.20(a)(1).

Moreover. the Commission has

determined. pursuant to 10 CFR 51.32, that the final rule has no significant

environmental impact. This

determination has been made because

the Commission eannot identify any

impact on the human environment

associated with reducing the frequency

of full participation of State and local

governments in emergency preparedness

exercises from annually to biennially.

The alternative approaches that were

considered in this rulemaking

proceedings were:

1. To retain the annual full

participation exercise with a provision

to enable relaxation to every 2 years.

Z. To incorporsteby reference into the

NRC-s regulations, the

FD

regulations governg the frequency of

full participation of State and local

governments in emergency preparedness

exercises.

3. To relax the frequency of full

participation of State and local

governments in emergency preparedness

exercises from annually to biennially.

There were no environmental impacts

identified from any of the alternatives

considered.

Because FEMA is directly involved in

the evaluation of offsite emergency

preparedness exercises and is affected

by the promulgation of these

amendments. the NRC consulted

extensively with FDA during the

development of this rule.

Paperwocrk Reduction Act Statement

The final rule contains no information

collection requirements and therefore is

not subject to the requirements of the

Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.).

Regulatory Analysis

The Commission has prepared a

regulatory analysis of this regulation.

The analysis examines the costs and

benefits of the rule as considered by the

Commission. A copy of the regulatory

analysis is available for inspection and

copying. for a fee. at the NRC Public

Document Room. 1717 H Street NW..

Washington. DC. Single copies of the

analysis may be obtained from Michael

T. JaMgochla

Office of N cea-

-,

Regulatory Research. US. Nuclear

Regulatory Commission. Washington.-

DC 2=5, Telephone (3011 443-78.

Regulatory Flexibillty Certficatin

In accordance with the Regulatory

Flexibility Act of 1S90 5 U.S.C. 605(

the Commission hereby certifies that

this final rule will not. if promulgated.

have a significant economic impact an a

substantial number of small entities. The

final rule clarifies certain elements and

findings necessary for the Issuance of an

operating license for a nuclear power

plant licensed pursuant to sections 103 and 104b of the Atomic Energy Act of

1954. as amended. 42 U.S.C. 2133. 2134b.

The electric utility companies which

own and operate nuclear power plants

are dominant in their service areas and

do not fall within the definition of a

small business found in Section 3 of the

Small Business Act. 15 U.S.C. 32 or

within the Small Business Size

Standards set forth In 13 CFR Part In.

Accordingly. there Is no significant

economic Impact on a substantial

number of small entities under the

Regulatory Flexibility tct of 190

List of Subjects In 10 CFR Part 50

Antitrust Classified information. Fire

prevention. Incorporation by reference.

Intergovernmental relations. Nuclear

power plants and reactors. Penalty.

Radiation protection. Reactor siting

criteria. Reporting and recordkeeping

requirements.

Pursuant to the Atomic Energy Act of

954. as amended. the Energy

Reorganization Act of 2374. as amende:;

and section 552 and 553 of Title 5 of the

United States Code, notice is hereby

given that the following amendment to

Title 10. Chapter L Code of Federal

Regulations, Part S is published as a

document subject to codification.

PART 50-DOMESTIC UCEPSING OF

PRODUCTION AND UTILIZATI

FACILITIES

1. The authority citation for Part 50

continues to read as follows:

Authodtr. Secs_ Im3. 20" 181. 1t:. I83 Im

188. 68 Stat. SS37.9

53.94. 9S5.

V

L. as

amended. sec. Z34. 83 Stat. 1244. as amended

42 U.S.C 2233. :134. Z20L 2232. 233.228.'

2238. 2282) secs. 201. ;0: 20.868 Stat 12C4.

1244.124& as amended (42 U.S.C. 841.54S.

SW48). unless otherwise noted.

Sec. 50.7 also issued under Pub. L

-.

ace. 10.92 Stat. 252 (42 U.S.C. 5851). Secs.

50.57(d) 50.58. 50*1. and 50.S2 also isued

under Pub. L 97-415.96 Stat. 2071.2073142 U.S.C. 2133. 2239). Sec. 50.78 also Issued

under sec. 12:.08 Stat. 139 (42 US.C. =52).

Sacs. 50.80-SSI also issued under sec. 164.

Attachment 1

IN 85-55 July 15, 1985 2: eMw- Fedca-Re&ter t NnOE 49rWo. 13-1; f Ftidar,' W 4, 19W1

-

68 Stat. 85L as ended 1CUS5.CM

4)-

Secs. 50.2 a2 aLo kse

ft

s

lase

U StL

at

as2 ULS.C.28

  • -.

For the purp*.at&Is

of..

SS

StL 958. as

amended (42 U.S.C 2:J5- -i 5.10(a. (b).

and kc). BOtMS ML&& ad 5901"a) am.

isued nder sec. llb.

t StaL 941 as

amended (,2 U-S.C .

¢t.

H 5010(b) and

(c) and 5S5 we kxued Knder let 1l1L W

Stat. 949. as ereede (42 U.S.C. Z(th and

I I SO5(4e), 505(b. 50-0 .5071. £.72. 3073.

and Sa8 are issued unda ac 181o, 68 Stat.

950. as aoended (42 USC. 2201o).

J 88.47

[Amended)

2. In I 50.47. Footnote I Is removed.

3. in Appendix E. section IV.F Is

revised to read as follows:

Appondlx E-Emergency Plannrng and

Prepa'edrres3 for Producton and

Utbfnt

Faclifles

M

.

.

.I

F. 7raining.

The program to provide for (1) the training

o! employees and exercistng. by periodic

drills of radiatiom emergency phls= to ensure

that emolo'ees of the licensee are familiar

with their specific emergency response

duties. and (2) the participatioan in the

trzining and drcls by other persons whose

assistance may be needed in the event of a

radiation emergency shall be described. This

shall include a description of specialized

initial traLning and periodic retainirM

proramas to be provided to each of the

followy catrorier of emergency personnceb

a. Dire-cors and/or coordinatos of the

p'ant emergency oraniation:

b. Personnel respaosible for accident

assessment. including control room shift

perso-nel:

c. Radloloical monitoring teamsa

L'Fure ccntrl teams (Firs brimadesk

e. P-epe and damage control tamm

I. Fzs- aid and rescue teasa

S. Medical support personnel

Licensee's eadquazier support

persoarel

i. Secu.ty personneL

I- addition. a rzdiologcal orientation

tr2alwg ;-*m=rn shall be made available to

local servmas Monnek e4..local emergency

serices/CIvil Defense. local law

enJforcee-et pevonneL local news eslia

persons.

rhe plan shall describe provisions for the

condoct of emergency preparedness exercises

are follows: Exercise sha test the adsqcy

of timing and coote-A of im.plementing

procedures and metho~s. test emergency

equipr:ea and co-ica

ons networks.

test the public nnsication system. and

ensure that emergency organization

personnel are familiar with their dutite.a

1. A full participadn ' exercise which

tests as much of the licernsee. State and local

eas

is b roals

ykhimble .

witout mandatory public particpationlL;

be conducted for each site at which a power

reactor Is located for wich the &frt

aperat

license for that sit

frrued after MY 13.

182. This exercise shall be conductud withbi

l year

be

e ace

th rst

openating linene for hl power and prlor to

operation above 5%f rat ed power of the frst

reactor, and sa

e prticipatio by

eacr- State and local goverent within the

plume expos

pathway !M and each State

within the ingestion expo rt re pathway EPZ

2. Each licensee at each srhe shall annually

exercise its Ce::-jency pla

3. Each licersee at each site shall ers

with offsite authorities such that the State

and local governsent emergency plans for

each operatir^g reactor site are exercised

biernially. with full or partial participation

by States and local governments. within the

plume exposnre pathway E State and

local governments that have

ly

particpated tm a joint exercise since October

1. aM are eligible to fuly participate ta

emergency preparednm mxises on a

biennial frequency. Tha level of participation

shall be as follows:

(a) A State shall at least partially

participate in each offaits exercise at each

-site.

(b) A State shall fally participate in at leest

one offsite exercise every 2 years.

(c) At least oc

every 7 year all States

within the plume exposure pathway EDZ for e

given site must fully participate in an offaite

exercise for that sita. This exercise must also

involve full participation by local

governments within tie plume exposure

pathway EZ.

(d) Partial participation by a local

government during an offsite exercise for a

site is acceptable only when the local

government is fully participa tng in a biennial

exercise at another site.

(el Each State within any ingestion

exposure pathway EPZ shall exercise its

plans and preparedness related to ingestion

exponre pathway measures at leads once

every S years.

(f) Licensee, shall enable any State or local

government located within the plume

exposure pathway EPZ to participated In

annual exmsea r-ihen requested by such

State or local government.

4. Remedial exercises will be required If

the et=ency pla Is not satisfactorily

tested during the biennial exercise. such that

NRC.tn consultation with FDMA. cannot find

reasocable assurance that adequate

protective meabares can be taken In the event

to a radiological emergency. The extent of

State and local participation in remedal

exercses must be sufficient to show that

appropriate corrective meascres have been

taken regardiog the element of the plan not

properly tested in the previous exercis

5. All train;1in

including exercises, shall

provide for formal critiques in order to

idectify weak or deficient areas that need

CcnesctRLo

Any weakneeaes se in~ce

that etd

solW be

c, -

4. In Appendix E footnotes 1 and 4 arm removedJfootnotes Z and 3 are .

renumbered as fDctn otes 1 and.i and

new footnotes 3, 4. and S are added to

read as follows:

' Use of site spedcf! simulatars or

computers is acceptable ror any exercis

' 'Fuil participation' when used in

conjunction with emergency prepaednesc

exercises for a particular site means

appropriate offKlte local and State auth: ties

and licens personnel physically and

actively take part in testing their integrated

capability to adequately access and respond

to an accident at a co:mercial nuclear power

plant. 'Full particpation" Inchldes testing the

major observable portions of the onsite and

offalte emergency plans and mobilization of

Sate local and licensee personnel and other

resources in sufficient muinbers to verify the

capability to respond to the scideact

scenario.

' Partial participatioan when used In

conjunction With eCMerency preparedneSS

exercises for a particular site

eans

appropriate offnite authorities shall actirely

take part in the exercise

icient to test

direction and contrl fhincons La. (a)

protective action decision making related to

emergency action levmstaiand (b)!

cormunication capabilities among azected

State and local authorities ad'the licensee.

.0

Dated at Washington. D.C. this 2th day ol

June 1934.

For the Nuclear Regulatory CommisLo&.

Samuel J. Chilk

Secretary of the Commission

R Doc 5-li7M rd

r

-i-

&

g of

-

-

81+/-)9 CM

w

Attachment 1

INW15-55 July 15, 1985. i~el~

Attachment 2

IN 85-55

.Guidknce K4emorandum

17

July 15, 1985

Radeological Emergency Preparedness Division JOIN'? EXERCISE PROCEDURES

In the interest of assuring that the health and safety of the public

is protected in the event of an accident at a nuclear power plant, it

is necessary 'or the licensee (applicant), to conduct an emergency

preparedness exercise jointly with appropriate State and local agencies.

The role of the Federal government at such exercises is to evaluate the

capability of the utility and the State and local governments to protect

the public health and safety in the event of an accident at the facility.

The FSMA official responsible for this activity is the appropriate Regional

Di-ector.

over the last few months there have been several joint exercises where EZMA

and NRC have made reviews both orally in an open meeting, and in written

form.

We find however, significant variation among regions in the procedures

used for providing the evaluation.

The need for a standardized approach

is evident and the following is a guide for both FDLA and NRC personnel

involved in exercise evaluation.

Assicrnents for offsite observers will-be made by the RAC Chairman

  • Onsite

observers will be assigned locations by the NRC: Team Leader.

A meeting of

all pa-ties should be conducted prior to the exercise to assure that all

observer locations are staffed by an evaluator, as well as to make whatever

last minute changes are necessary based c f'eld conditions, number of

evaluators available, etc.

The exercise should be followed as soon as possible by a critique.

The

car;itue

is a worklng session for preliminary review of the exercise between

the par4icipants (State and local officials and utility representatives and

the Federal observer teams headed by TA

and the NRC).

It should be open

to the public and the media.

They should, however, attend as observers, and

not par-tcinate in the discussions. *

I

local circmstances dictate that a

private session be held with the State authorities, it must be scheduled in

advznce and the information provided by the RAC Chairman at the private

=ee=iLn

should be repeated in the open session.

-2- Attachment 2.

IN 85-55 July. 15, 1985 It is desirable to conduct the critique with all the principal parties

aresent, (e. g. the RAC, the involved State and local authorities, the

licenses and NRC).

There may be situations where such a joint critique

is not feasible and separate sessions (one related to licensee participation

and one related to State and local participation) ar necessary due to

log4stical or funding constraints.

These situations are to be cleared in

advance thru the FMA/NRC Steering Committee.

In such cases the RAC

Cha4-7zan should be available for both critiques.

The joint critique should be chaired by the RAC chairmen and should be

wih in or near the 10

ile EPZ.

As part of the overall Iforat the RAC-

Chaia-=n will discuss observations of the offsits response and the NRC

will discass observations of the onsite response.

The State, local

governments and utility should be present at this meeting to make pre- sentations.

For the joint critique to be effective, it

should take

place within the 24-hour period immediately following the exercise.

'Thers should also be opportunity for clarification, questions or c =ts

by licensee, State and local officials.

The RAC Cha' =an's overview statement should be based on comments from

RAC members and other FMA observers as well as his own observation.

It

should include the strcng points as well as a general statement on the

deficiencies noted.

Under no circumstances will the RAC Chairman's

c-e=nts indicate that the State or local plans passed or faied.

He/she

should indicate that the comments are preliminary to be followed by a

comprehensIve evaluation within 14 days.

The final F"MA findings and

determination, as well as approval of a State and/or local plan, sutbitted

acording to 44 CFR 350 of which the exercise is a part, is reserved to the

Associate Director for Plans and Preparedness in Washington.

The mrlnc43al milestones for FMiA and NRC exercise observation and critique

are g ven in Enclosure L

These milestones are for planning purposes and

actual schedules may need to be different because cf local circ=ustances.

.

Enclosure No. i

Attachment 2

IN 85-55

July 15, 1985

MILESTONES FOR MCERCISE OBSERVATZON AND CRITIQUES

ge 3 of 3

-

75 days*

-

60 days

-

45 days

-

35 days

-

30 days

-

15 days

-

1 day

E day

E day

E day

E t0o

1 day

State and licensee jointly suli;t exercise objective to

FMA and NRC Regional Offices.

FMA and NRC Regional Offices discuss and meet with

licensee/State as necessary and prepare response.

State and licensee scenario developers submit exercise

scenario to FE4A and NRC Regions for review.

FEKA and NRC Regions notify State and licensee of scenario

acceptability.

MA and NRC Regions develop specific post exercise critique

schedule with the State and advise FMA and NRC headquarters.

The RAC Cha4i-rn and NRC team leader will meet to develop

observer action plan (where stationed, how many fr=n each

organization, what to look for).

Meeting, in the exercise area, of all Federal observers both

onsite and offsite to f4nalize assigments, and give instructions.

Exer-ise

FM11A and RAC observers caucus to collate observations.

observers also caucus to collate observations.

NRC

RAC Chairman and NRC team leader meet, as soon after their

respective caucuses as practical, to coordinate Federal

participation in critique.

Joint RAC/NRC critique

General Acenda

.

State, locals and licensee present their views.

B. Critique of offsite actions, by RAC Cha4i-an.

C.

Crtique of onsite actions, by NRC.

D. Critique of Federal response (if

applicable), by

RAC Ch%4iman.

E.

Opporiunity for clarification questions or cr-ents by

licensee, State and locals (press and public questions

will

not be entertained during the critique).

4 15 days

Written critiques by FEMA Region to State, with copies to FM.A

headquarters and NRC and by NRC Region to license- with copies

to NRC headcuarters and FMA.

  • (Recc-manded Suspense Dates)

Attachment 3

IN 85-55

July 15, 1985 Federal Emergency Management Agency

Washington, D.C. 20472

July 1, 1985

GUIDANCE MEMORANDUM EX-1

REMEDIAL EXERCISES

Pu rpose

This Guidance Memorandum provides criteria and procedures for requiring and

scheduling remedial exercises and other remedial actions to correct deficiencies

identified in exercises to test State and local radiological emergency response

plans.

It also provides guidance for determining the extent of participation in

remedial exercises.

Background

The Federal Emergency Management Agency (FEMA) rule, 44 CFR 350, and the

Nuclear Regulatory Commission (NRC) rule, 10 CFR 50, Appendix E, require

that State and local goveriments participate in periodic, joint exercises

with utilities. These rules require remedial exercises and other corrective

measures if the results of these exercises do not give reasonable assurance

that adequate protective measures can be taken in the event of a radiological

emergency or the deficiencies identified are significant enough to impact

on the public health and safety.

The NRC rule (10 CFR 50, Appendix E,

IV.f.4.) calls for NRC-FEMA consultation in making a determination as to

whether a remedial exercise is needed.

The FEMA rule (44 CFR 350.9.c.5)

leaves the determination of the participation required from State and local

governments to the appropriate FEMA Regional Director.

For the purpose of exercise assessment, FEMA uses an evaluation method to apply

the criteria of NUREG-0654/FEMA-REP-1.*

FEMA classifies exercise inadequacies

as deficiencies or areas requiring corrective actions. Deficiencies are

demonstrated and observed Inadequacies that would cause a finding that offsite

emergency preparedness was not adequate to provide reasonable assurance that

appropriate protective measures can be taken to protect the health and safety

of the public living in the vicinity of a nuclear power facility in the event

of radiological emergency. Because of the potential impact of deficiencies

on emergency preparedness, they are required to be promptly corrected through

appropriate remedial actions including remedial exercises, drills or other

actions. Areas requiring corrective actions are demonstrated and observed

inadequacies of State and local government performance, and although their

correction is required during the next scheduled biennial exercise, they are

not considered, by themselves, to adversely impact public health and safety.

In addition to these inadequacies, FEMA identifies areas recommended for

  • The method currently in use is incorporated in the August 5, 1983, memorandum

from the FEMA Deputy Associate Director of State and Local Programs and

Support to the .FEMA Regional Directors, subject: "Procedural Policy on

Radiological Emergency Preparedness, Plan Reviews, Exercise Observations and

Evaluation, and Interim Findings."

Attachment 3

IN 85-55

-2- July 15,'1985 improvement, which are problem areas observed during an exercise that are

not considered to adversely impact public health and safety.

While not

required, correction of these would enhance an organization's level of

emergency preparedness.

Guidance on Determining the Need for a Remedial Exercise

The following criteria shall be used in determining the need for requiring a

remedial exercise.

1. A deficiency in one or more of the following planning standards of

NLREG-0654/FEMA-REP-1 will require a remedial exercise.

Exceptions

to this requirement may be made when correction of deficiencies can

be demonstrated by other remedial actions.

o

Assignment of Responsibility (Organization Control) (A);

o

Alert and Notification Methods and Procedures (E);

o Emergency Communications (F);

o Public Education and Information (areas related to emergency

public information) (G);

o Accident Assessment (including field monitoring and radiological

assessment) (I);

o Protective Response (including evacuation and other protection

responses and decisionmaking) (J);

o Radiological Exposure Control (K); and

o Medical and Public Health Support and Services (L).

2. Remedial exercise action may be required when areas requiring corrective

actions collectively raise doubts as to whether adequate protective

measures can be taken in the event of an emergency.

Procedures for Reporting on the Need for and Scheduling of Remedial Actions

When evaluation of a joint exercise indicates that there is the potential

or need for remedial action, the following procedures will be followed.

1. The FEMA Regional Office will immediately notify FEMA Headquarters, by

telephone, of the nature of exercise inadequacies. FEMA Headquarters

will, in turn, notify and discuss these inadequacies with NRC Headquarters.

2. The FEMA Regional Office will promptly initiate a consultation process

with the members of the Regional Assistance Committee(s) (RAC), the

State(s) and FEMA Headquarters for these purposes: (a) To classify

all exercise inadequacies, (b) to specify appropriate remedial actions, including remedial exercises, drills, or other actions, for both

deficiencies and areas requiring corrective actions and (c) to determine

which organizations are to be involved in remedial actions.

During

this period, FEMA Headquarters will continue to consult with NRC Headquarters.

Attachment 3

IN 85-55 July 15, 1985 -3-

3. Within 30 days of the exercise, the FEMA Region will transmit a letter

and draft report consisting of, at least, a summary table of the

exercise inadequacies to the State(s) with a copy to FEMA Headquarters

and the RAC(s).

The letter and summary table will confirm the results

of the consultations with the State(s). The State will be asked to

use this letter and summary table of exercise Inadequacies as a basis

for working with the FEMA Region in accomplishing the remedial actions.

4. Within 60 days from the exercise, the FEMA Region will prepare and.

transmit copies of the exercise report to the State(s), RAC(s) and FEMA

Headquarters.

If the remedial exercise or other remedial actions

have been taken and evaluated prior to the end of the 60 day period, the

FEMA Region will incorporate its evaluation of these actions within the

exercise report. (In this case, the report will be completed and forwarded

within 30 days of the remedial exercise or other remedial actions.)

5. FEMA Headquarters will forward a copy of the exercise report to NRC

Headquarters within 10 days of receipt from the FEMA Regional Office.

6. If the remedial exercise or other remedial actions are not conducted

prior to the preparation and forwarding of the exercise report, they

should be completed as soon as possible but not later than 60 days after

the report is forwarded to FEMA Headquarters.

7.

If the evaluation of the remedial exercise or other remedial actions

are not incorporated into the exercise report, the FEMA Regional Office

will prepare and forward an evaluation report of these remedial actions

to the State(s), RAC(s) and FEMA Headquarters within 30 days of the

conduct of their completion.

8. FEMA Headquarters will forward a copy of the remedial action evaluation

report to NRC Headquarters within 10 days of receipt from the FEMA Regional

Office.

Extent of Participation

The extent of State and local government participation in a remedial exercise

shall be determined by the FEMA Regional Director.

Some factors to consider in

this determination include:

1. The remedial exercise should address only those activities that are necessary

to demonstrate correction of the identified deficiencies.

2.. To

the extent possible, the remedial exercise participation should be

limited to organizations having the deficiency(ies).

3. When the corrective action by one organization cannot be demonstrated

without involvement of other organizations, their participation should

be at a level necessary to confirm the corrective action.

This includes

participation by utilities which should be arranged through the

appropriate NRC Regional Administrator.

p

Attachment 3

IN 85-55 July 15, 1985 -4-

Action on Inadequately Performed Remedial Exercises

When evaluation of a remedial exercise Indicates that an organization did not

adequately demonstrate correction of identified deficiencies, one of the

following actions are to be taken.

-

1. If FEMA has not approved offsite planning

involved site under 44 CFR 350, FEMA may, require another remedial exercise and the

actions.

and preparedness for the

in consultation with NRC,

NRC may consider enforcement

2. If FEMA has approved offsite planning and preparedness for the involved

site under 44 CFR 350, FEMA may initiate steps to withdraw the 350

approval or schedule another remedial exercise under the provision of

350.13 and the NRC may consider enforcement actions.

Coordination with NRC

This Guidance Memorandum has been prepared in coordination with the NRC staff.

Attachment 4

IN 85-55

July 15, 1985

LIST OF RECENTLY ISSUED

IE INFORMATION NOTICES

Information

Date of

Notice No.

Subject

Issue

Issued to

85-54

85-53 Teletheraphy Unit Malfunction 7/15/85

85-52

85-51

85-50

Performance Of NRC-Licensed

Individuals While On Duty

Errors In Dose Assessment

Computer Codes And Reporting

Requirements Under 10 CFR

Part 21

Inadvertent Loss Or Improper

Actuation Of Safety-Related

Equipment

Complete Loss Of Main And

Auxiliary Feedwater At A PWR

Designed By Babcock & Wilcox

Relay Calibration Problem

Respirator Users Notice:

Defective Self-Contained

Breathing Apparatus Air

Cylinders

Potential Effect Of Line-

Induced Vibration On Certain

Target Rock Solenoid-Operated

Valves

7/12/85

7/10/85

7/10/85

7/8/85

7/1/85

6/19/85

6/18/85

All NRC licensees

authorized to use

teletheraphy units

All power reactor

facilities holding

an OL or CP

All power reactor

facilities holding

an OL or CP

All power reactor

facilities holding

an OL or CP

All power reactor

facilities holding

an OL or CP

All power reactor

facilities holding

an OL or CP

All power reactor

facilities holding

an OL or CP, research, and test reactor, fuel cycle and

Priority 1 material

licensees

All power reactor

facilities holding

an OL or CP

85-49

85-48

85-47 OL = Operating License

CP = Construction Permit