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, Three Mile Island, 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
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

or a

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

construction permit (CP).

Purpose

the frequency

This notice is to alert licensees of revised requirements regarding

of participation by state and local governments in emergency preparedness will

exercises at nuclear power reactor sites. It is expected that addressees

review the information provided for applicability to their program. Suggestionsno

contained in this notice do not constitute NRC requirements; therefore, specific action or written response is required.

Description of Circumstances

FR 27733)

On July 6, 1984, the Commission published in the Federal Register (49 (Attachment 1) a revised rule effective August 6, 1984, relating to emergency

IV.F.

preparedness exercises. The revised 10 CFR Part 50, Appendix E, Section in emergency

relaxes the frequency of participation by state and local governments to

preparedness exercises from annually to biennially. This relaxation in theapplies

state and local governments that have fully participated (as defined

the new

revised rule) in a joint exercise since October 1, 1982. In addition, of its on- rule requires (1) each licensee at each site to conduct an exercise state and

site plan annually, (2) each licensee to provide an opportunity for

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

exercise

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

within any ingestion

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

exposure pathway EPZ to exercise its plans and preparedness related to

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.

be

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

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

expo- include participation by each [s~tate and local government within the plume EPZ."

sure pathway EPZ and each [s]tate within the ingestion exposure pathway

in

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

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 operationalan

inspection process and not part of any operating license hearing. Therefore,

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=:

proviso that. if al major elements in the Public Commabta

emergency plan are performed in a The NRC proposed rile was published

satisfactory manner during the annual In the Federal Register with a 60-day

exercise, FEMA may recommend and comment period on July 21. S83 (48 FR

the NRC may find that another exercise 33307). Seventyone comment letters

with State and local government were received and evaluated by the

participation is not required for up to 2 NRC staf£

yearsm The proposed rule did not relax in Those commenters (55) favoring

any manner the annual requirement for relaxing the frequency of State and local

onsite e*ercises that each licensee is governmental participation In

required to conduct which include emergency preparedness exercises were

exercising the control room. technical utilities. consulting firms representing

support center, and emergency utilities. two State Governors. State and

operation facility functions. local governmental agencies. FLNIA and

Immediately after the Commission private citizens.

approved publication of the proposed Those commenters (14) opposing

rule, the Director of FEMAP ote to NRC relaxing the frequency of State and local

Chairman Palladino. urging the governmental peaticipation in

Commission to " '

exercise frequency language * * *" in 10 an information service, environmental

CFR Part SO, Appendix E to assure gpoups, a State Governor. State and

consistency in the regulations. local governmental agencies, EPA and

FEMAvs final regulation. 44 CFR 350. private citizens.

published In the Federal Register on The comments raisedseveral

September 2B 1983 48 FR 44332), significant Issues, to which the

reduced State and local participation in Commission responds as follows:

emergency preparedness exercises to a Jssue No.

frequency of once every 2 years. The

FEMA final rule is not consistent with Should the Commission adopt a

the position taken by the Commission in biennial exercise frequency for State

-the NRC proposed rule (an annual and local government participation with

frequency with a specific NRC finding a proviso for remedial exercises for the

necessary for relaxation). This correction of serious deficiecies rather

NUCSLEAR REGULATORY difference was a source of some concern than the exercise frequency contained in

COMMISSION to both agencies and to some of the the proposed rule?

10 CFR Part 50

commenters on the NRC proposed rule. Discussion This issue was addressed

The FEMA regulation requires that a by many State and local governmental

Emergency Planning and State within the plume exposure comment letters whose concerns are

Preparedness

pathway EPZ fully participate in an generaly characterized by the following

exercise every 2 years with no quote from the FEMA comment letten

Aavsc'r Nuclear Regulatory requirement on the return frequency at a The NRC propol will be diicult to

Commission. specific site. Typically, therefore. a State administer. For example. objedtve critera

ACTIctw F-nal rule. with two sites might be expected to fully will need to be developed for use in

participate in an exercise at a specific determining whether State and local

SUIEAFr. The Commission is amending site at least every 4 years, a State with governments have perforned in a satisfactory

its rerulations to relax the frequency of three sites, every 6 years: four sites. enough manner to warrant an exemption

participation by State and local every 8 years: five sites, every 10 years. from the succeeding year's exercise. It will be

governmental authorities in emergency difficult to apply such criteria to the

etc. Whereas, the enclosed NRC rule satisfaction of State and local governments

preparedness exercises at nuclear change stipulates that a State within the The NRC proposal would create complex

power reactbr sites. This relaxation pltune exposure pathway EPZ fully situations such as what to dolif some

reflects experience gained in observing participate in an exercise every 2 years jurisdictions perfor in an unsatisfactory

and evaluating over 150 emergency with a retun frequency of at least once manner and the others in a satisfactory

preparedness exercises since 1980. every 7 years at a specific site. Both manner. Would all jurisdicions have to

EFFECTIVE DVA.T August 6.1984. rules require a multi-site State. when not exercise the next year or only the

fully participating in an exercise at a unsatisfactory ones? If only the

FOR FURTHER INFORMATION

CONTACT

unsatisfactory ones. an unworkable condition

-Michael T. Jamgochian. Accident Source specific site, to partially participate would result wherinso=e jurisdictions

Term Program Office. Office of Nuclear every 2 years at that specific site in would be on annual and others on biennial

Regulatory Research. U.S. Nuclear order to support the participation of the frequency. Inequities would result Further.

Regulatory Comsniision. Washington. appropriate local governments. the time involved for evaluating exercise

DC 205S5. telephone (301) 443-7615. The Commission has selected a return results. including getting commitments from

frequency of 7 years because presently State and local gover:nents to take

SUPPLENEN-ARY INFORMAnON On July co-rective actions, has proved time

21. 983. the Commission published in no State has more than 7 operating and/ consuning in the past. If we add time for the

the Federal Register a proposed rule or planned reactors and Slates with that NRC to make a finding after FIA's

relating to emergency preparedness number of sites or less would not be recommendation. a good portion of a year

exercises (48 FR 33307). The proposed required to exercise in a full could be consumed This would cause

i.le retained the presently required participation mode more often than uncertainty and instability in State and local

arnnual. ill-participation exercise with a about once a year. 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- '. gove nt p rtlcipation .th- ...

Commisajon recoies the - ._ prepednes execises. Fk-A havtt

licensee's -=nual exercis A State or developed and norw uses a document.

implc=n~htild diffilties with thg local goverment may conidsr fts

propoQ

titled "Procecdral Policy onRadieodogice

MC zpproachlartnn response cqxbility to be less tha= Emergency Preparedness Plan RevIew.

freque yldth a find torelxa4 T:his optial becaus of art umsun:y Lage Exercise Observations and Evalusticn- was pointed but by the MRCemergency personnel turnover or because therc

preparedness regional fdspectors. a and Interim Findkngs.'I These

hare been limited responses to real procedures were forwarded to the

majority of the comment letters, the emergencies in the ccnmunity. The final FEcMA regions for ase on August S. is83.

general thrust in two petition's far rule requirs the licensee to provide for Having considered all comme-nts

rulemalng. I and theACRS. State or local govem=et participation received, experience gained since ISM.

issueNo2 if they indicate such a deskr. input from emergency preparedness

Will less frequent exercises result in Issue No. S regional inspectors, the general thrust of

=aking personnel and equipment less two petitions for rulemaking. and ACRS

Will the deletion of NUREG-OSI' as comiments. the Commission has

effective cr reliable and therefore a footnote adversely affect the interface concluded that the requirements for

reduce the level of safety? between ofisite emergency plans and

Discvssisn. A few comenters. frequency of participation by State and

the [;censee's emergency plans? local governmental authorities in

pr.marily citizens and gemamentaj Discussion The proposed rule

organizations. addressed thdi issue by emergency preparedness exercises

included a provision to delete references around nuclear power reactors should

pon-tin out that State aid local to NUREC-0654 throughout the

emergency response organizations must be relaxed.Te Commission therefore is

regulations. NWREG-4 provides promulating a final rule which.

frequently respond to various natural specific criteria for the evaluation of the

and man-made emergencies. 7Is 1. Contitues to require licensees to"

standards in I 5OM and is titled. conduct an armual onsite emergency

continuum of real life emergencies 'Criteria for Preparation and Evaluation

exercises personnel, equimte preparedness exercise.

of Radiological Emergency Response 2. Requires that State and local

communication networks and Plans and Preparedness i Support of

organizetronal strcctures on a requnt governments participate in emergency

Nuclear Plants. A few commenters. preparedness exercises every 2 years

basis. primarily a utility and a state with a provision-for remedial exercises

The following quote from a comment governmental official. felt that the.

letter set. ries this concern: to assure that deficiencies are corrected.

deletion of the NTJREC-o4d footnote in 3. Provides that at least once every 7 Wrile an emergency situation at a nuclear the regulations would preclude its use years. all States within the plume

power plant may call for some procedwres by reviewers in determining the exposure pathway EP"Z-o a given site

tEt are dIfferent from those used under other adequacy of emergency preparednessI. must fully participate in an offisite

emergency sicattors. many of the response CommissionResponse: The delegatlon

and evaceen meewres will be similar. If exercise for that 4s1 of a reference to NlUREG-054 w121 not 4. Requires licensees to provide a

not identicaL A :nyriad of maior and mince affect it use as a guidance document for

emergencies dermand the maintecance of a opportunity for State and local

force o personel viined in thee emergency planning. In the 1980 government participation in the

procedurec. By retpomding to other rulemaking. the Commission included licensees annual emergency

emergenzy a .atio= such as chemical spills. this reference as a means of formally preparedness exer ise. ard

the emergezcy response personnel will be approving the use of NIEMGS-54. See 5. Requires FEMA to determlne the

rehearsing many of the procedures they 45 FR 554eZ 55408 (August 19. 1980). need for and extent of remedial

would ue in theevetzof La energency NUilREC-ft is endorsed by Regzlatcry exercises.

situatien at a nucJear power plant Some Gtide S.lol,' end will-continue to be

examples ct these procedures wvu3d ici. used by reviewers in evaluating the The final rule is not totally consisten

not ifcatiou of approptiate local audfoities adequacy of emergency preparedness at with FEMA's final regulation (44 CFR

erablizhirg coaics tion tirks between nuclear power reactor sites. 350). This inconsistency lies in the res.

locaL regionzl iud state ergey repormw of retmrn frequency fcr Iltipledsite

persnneL zEu evacuating or Flnding helter Issuse No. i states as previously discussed. The

. .

fcr the aIleced pop :ltsce. FEMA pouition on reu frequncy isa

Do adequate procedures exist for NRC

Cozmission Respons: Because and FEiMA to evaluate wheteir major significant depammme from the NRC's

emergency response psonnel at the elements-are performed satisfactorily proposed regulation (48 FR 3;) dted.

State Lad local government kvel during an exercise? July 21. 193. The Commission belleves

continuously respoud to actoal DisciuiojrMany commnenters. that more study is needed before- emergemcis the Codion does not primarily State and local governmental deletion of the return frequency

consider that relaxing the frequency of authorities as well as utilitiepointed requirement can be lustified.

State and local govertment participation out that there is a need for uniform The Commission is adopting a

in ency preparedness exercises evaluation of exercise performance. biennial exercise frequency, for State

would adversely affect the heahth and Commission Resporne: The and local government participation with

safety of the public. Commission concurs with the a proviso for remedial exercises to

A provision has been added in the commenter In order to provide for assure the correction of serious

final rule to permit State or local uniform evaluation of emergency deficiencies. These changes to the

emergency preparedness regulations are

'On March . 2.= me Coi on reived a ' Copies of these documents are av&iLabLa at the being made because:

pet don for -wnakLm lPM-W-3Z from Natonua COMdIrSionS Public DcuMnent Roo. 1717 H a. Experience in observing and

Eme.Fency l tamew

AaaocauaaL On Aupnt 30, Stet NW_ Washingiona D.C. 3SS. Copies of evaluating over 150 exercises has shown

19e &.4Crc_--ma.oc n1ived a petition for these dociumeuts may be purchased from the that a disproportioaate amount of

ueaking (P SC 41 from the A4-utan Gcneral Goverunent Prntt~ Orfioe. Inhouom on cmvrert

of the Sihe of South CsmL-A. The reneral thrust of pnces may be obmatned by wnuns the US. Nudeu

bout pe-oow urgped be relaxuanutf ti frequency Reguiatory Commission. Washinglon. D.C. =S GuCdance for determicits the ceed for. sad

o! enne.n.,

. r;rcedn-se cx. .r.es. Anention: Publizauonn Sles W as e. extent o!. reumedisl exerxmses is beinr develope&

Attachment 1 IN 85-55 July 15, 10985 Federal Rk-ester /.Yl.L 49; -,No. 131:.I Friday, luly:fl. 1084-( 'Rides anvR u2a7os

Federal. State and local government and Fiding of No Sinificant Eaviro e6ntal T. JaMgochla Office of N cea- -,

licecsee resources are being expended Regulatory Research. US. Nuclear

in order to conduct and evaluate annual Regulatory Commission. Washington.-

The Commission has determined

eniergency preparedness exercises. As a under the Naticnal Environmental Policy DC 2=5, Telephone (3011 443-78.

result of the substantial expenditure of Act of 1989, as amended, and the

resources for these exercises. fewer Regulatory Flexibillty Certficatin

Commission's regulations in Subpart A

resources are available to establish and of 10 CFR Part 51. that this rule Is not a In accordance with the Regulatory

maintaLn the essential day-to-day major Federal action significantly Flexibility Act of 1S90 5 U.S.C. 605(

upgraded state of emergency affecting the quality of the human the Commission hereby certifies that

preparedness. environment and therefore an this final rule will not. if promulgated.

b. State and local governments envirrnmental impact statement is not have a significant economic impact an a

respond to a variety of actual required. See 10 CFR 51.20(a)(1). substantial number of small entities. The

emn-eencies on a contisaing basis. thus Moreover. the Commission has final rule clarifies certain elements and

frecuent~l exercising ther emergency determined. pursuant to 10 CFR 51.32, findings necessary for the Issuance of an

preparedness capabilities. that the final rule has no significant operating license for a nuclear power

c. The flexibility provided for in a environmental impact. This plant licensed pursuant to sections 103 biennial frequency will be an incentive determination has been made because and 104b of the Atomic Energy Act of

for State and local governments to the Commission eannot identify any 1954. as amended. 42 U.S.C. 2133. 2134b.

perform.in a satisfactory marmer in impact on the human environment The electric utility companies which

order to avoid conducting remedial associated with reducing the frequency own and operate nuclear power plants

of full participation of State and local are dominant in their service areas and

exercises.

And lastly. the Commission notes that governments in emergency preparedness do not fall within the definition of a

exercises from annually to biennially. small business found in Section 3 of the

MEMA has had aLmost 3 years of The alternative approaches that were Small Business Act. 15 U.S.C. 32 or

experience with evaluating State and considered in this rulemaking within the Small Business Size

local government radiological proceedings were: Standards set forth In 13 CFR Part In.

emergency planning and preparedness. 1. To retain the annual full Accordingly. there Is no significant

With few exceptions. this experience participation exercise with a provision economic Impact on a substantial

kas revealed a significant increase in to enable relaxation to every 2 years. number of small entities under the

the level cf State and local government Z.To incorporsteby reference into the Regulatory Flexibility tct of 190

radiological preparedness as NRC-s regulations, the FD

demcns rated in joint exercises. FEhiA List of Subjects In 10 CFR Part 50

regulations governg the frequency of

has evaluated approximately 150 full participation of State and local Antitrust Classified information. Fire

exercises. 1:i only five instances did governments in emergency preparedness prevention. Incorporation by reference.

FEMA determine that Stale and local exercises. Intergovernmental relations. Nuclear

govermr:en-s did not demonstrate 3. To relax the frequency of full power plants and reactors. Penalty.

adequate preparedness. The participation of State and local Radiation protection. Reactor siting

Commission believes that this enhanced governments in emergency preparedness criteria. Reporting and recordkeeping

level of preparedness should be exercises from annually to biennially. requirements.

recoFnized by allowing State and local There were no environmental impacts

governzients to exercise jointly with Pursuant to the Atomic Energy Act of

identified from any of the alternatives 954. as amended. the Energy

utilities or. a binenrial frequency. considered. Reorganization Act of 2374. as amende:;

On March 17. 1982. the Commission Because FEMA is directly involved in and section 552 and 553 of Title 5 of the

received a petition for rulemaking the evaluation of offsite emergency United States Code, notice is hereby

(PIRUM-5C-3) from National Emergency preparedness exercises and is affected given that the following amendment to

Management Association. On August 30. by the promulgation of these Title 10. Chapter L Code of Federal

198.7 the Coinm ission received a petition amendments. the NRC consulted Regulations, Part S is published as a

for nrlemaking (PRM-50-M3) from the extensively with FDA during the document subject to codification.

Adjutant General of the State of South development of this rule.

Carolina. The petition from the National Paperwocrk Reduction Act Statement PART 50-DOMESTIC UCEPSING OF

Emergency Management Association PRODUCTION AND UTILIZATI

requested the NRC to relax the The final rule contains no information FACILITIES

frequency of full participation by State collection requirements and therefore is

and local governments in emergency not subject to the requirements of the 1. The authority citation for Part 50

preparedness exercises from annually to Paperwork Reduction Act of 1980 (44 continues to read as follows:

bier.nia!yv. The petition from South U.S.C. 3501 et seq.). Authodtr.Secs_ Im3. 20" 181. 1t:. I83 Im

Carolkia requested that the NRC reduce Regulatory Analysis 188. 68 Stat. SS37.9 53.94.9S5.

V L. as

the frequency with which local amended. sec. Z34. 83 Stat. 1244. as amended

The Commission has prepared a 42 U.S.C 2233. :134. Z20L 2232. 233.228.'

governmoents must participate in a full regulatory analysis of this regulation. 2238. 2282) secs. 201. ;0: 20.868 Stat 12C4.

scale emergency preparedness exercise. The analysis examines the costs and 1244.124& as amended (42 U.S.C. 841.54S.

The promulgation of this final rule benefits of the rule as considered by the SW48). unless otherwise noted.

relaxes *he frequency of full Commission. A copy of the regulatory Sec. 50.7 also issued under Pub. L -.

participation by State and local analysis is available for inspection and ace. 10.92 Stat. 252 (42 U.S.C. 5851). Secs.

govermnnents in emergency preparedness copying. for a fee. at the NRC Public 50.57(d) 50.58. 50*1. and 50.S2 also isued

exercises from annually to biennially. under Pub. L 97-415.96 Stat. 2071.2073142 Document Room. 1717 H Street NW.. U.S.C. 2133. 2239). Sec. 50.78 also Issued

I his rule completes NRC action by Washington. DC. Single copies of the under sec. 12:.08 Stat. 139 (42 US.C. =52).

granting bcth petitions for rulemaking. analysis may be obtained from Michael 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)- eas isb roals ykhimble . CcnesctRLo Any weakneeaes se in~ce

Secs. 50.2 a2 aLo kse sft lase witout mandatory public particpationlL; that etd solW be c, -

U StL at as2 ULS.C.28 *-. be conducted for each site at which a power

For the purp*.at&Is of.. StL 958. as

SS reactor Islocated for wich the &frt aperat 4. In Appendix E footnotes 1 and 4 amended (42 U.S.C 2:J5- -i 5.10(a. (b). license for that sit frrued after MY 13. arm removedJfootnotes Z and 3 are .

and kc). BOtMS ML&& ad 5901"a) am. 182. This exercise shall be conductud withbi renumbered as fDctn otes 1 and.i and

isued nder sec. llb. t StaL 941 as l year be e ace th rst new footnotes 3, 4. and S are added to

amended (,2 U-S.C. ¢t. H 5010(b) and openating linene for hl power and prlor to read as follows:

(c) and 5S5 we kxued Knder let 1l1L W operation above 5%f rated power of the frst

Stat. 949. as ereede (42 U.S.C. Z(th and reactor, and sa e prticipatio by ' Use of site spedcf! simulatars or

I I SO5(4e), 505(b. 50-0.5071. £.72. 3073. eacr- State and local goverent within the computers is acceptable ror any exercis

and Sa8 are issued unda ac 181o, 68 Stat. plume expos pathway !M and each State ' 'Fuil participation' when used in

950. as aoended (42 USC. 2201o). within the ingestion expo rt re pathway EPZ conjunction with emergency prepaednesc

2. Each licensee at each srhe shall annually exercises for a particular site means

J 88.47 [Amended) exercise its Ce::-jency pla appropriate offKlte local and State auth:ties

3. Each licersee at each site shall ers and licens personnel physically and

2. In I 50.47. Footnote I Is removed.

3. in Appendix E. section IV.F Is with offsite authorities such that the State actively take part in testing their integrated

and local governsent emergency plans for capability to adequately access and respond

revised to read as follows: each operatir^g reactor site are exercised to an accident at a co:mercial nuclear power

biernially. with full or partial participation plant. 'Full particpation" Inchldes testing the

Appondlx E-Emergency Plannrng and by States and local governments. within the major observable portions of the onsite and

Prepa'edrres3 for Producton and plume exposnre pathway E State and offalte emergency plans and mobilization of

Utbfnt Faclifles local governments that have ly Sate local and licensee personnel and other

M . . .I particpated tm a joint exercise since October resources in sufficient muinbers to verify the

1. aM are eligible to fuly participate ta capability to respond to the scideact

emergency preparednm mxises on a scenario.

F. 7raining. biennial frequency. Tha level of participation

The program to provide for (1) the training ' Partial participatioan when used In

shall be as follows: conjunction With eCMerency preparedneSS

o! employees and exercistng. by periodic (a) A State shall at least partially

drills of radiatiom emergency phls= to ensure exercises for a particular site eans

participate in each offaits exercise at each appropriate offnite authorities shall actirely

that emolo'ees of the licensee are familiar -site.

with their specific emergency response take part in the exercise icient to test

(b) A State shall fally participate in at leest direction and contrl fhincons La. (a)

duties. and (2) the participatioan in the one offsite exercise every 2 years.

trzining and drcls by other persons whose protective action decision making related to

(c) At least oc every 7 year all States emergency action levmstaiand (b)!

assistance may be needed in the event of a within the plume exposure pathway EDZ fore

radiation emergency shall be described. This cormunication capabilities among azected

given site must fully participate in an offaite State and local authorities ad'the licensee.

shall include a description of specialized exercise for that sita. This exercise must also .0

  • *

initial traLning and periodic retainirM involve full participation by local

proramas to be provided to each of the governments within tie plume exposure Dated at Washington. D.C. this 2th day ol

followy catrorier of emergency personnceb pathway EZ. June 1934.

a. Dire-cors and/or coordinatos of the (d) Partial participation by a local For the Nuclear Regulatory CommisLo&.

p'ant emergency oraniation: government during an offsite exercise for a

b. Personnel respaosible for accident Samuel J. Chilk

site is acceptable only when the local

assessment. including control room shift government is fully participa tng in a biennial Secretaryof the Commission

perso-nel: exercise at another site. R Doc 5-li7M rd

r -i-

& g of - -

c. Radloloical monitoring teamsa (el Each State within any ingestion 81+/-)9 CM w

L'Fure ccntrl teams (Firs brimadesk exposure pathway EPZ shall exercise its

e. P-epe and damage control tamm plans and preparedness related to ingestion

I. Fzs- aid and rescue teasa exponre pathway measures at leads once

S.Medical support personnel every S years.

Licensee's eadquazier support (f) Licensee, shall enable any State or local

persoarel government located within the plume

i. Secu.ty personneL exposure pathway EPZ to participated In

I- addition. a rzdiologcal orientation annual exmsea r-ihen requested by such

tr2alwg ;-*m=rn shall be made available to State or local government.

local servmas Monnek e4..local emergency 4. Remedial exercises will be required If

serices/CIvil Defense. local law the et=ency pla Isnot satisfactorily

enJforcee-et pevonneL local news eslia tested during the biennial exercise. such that

persons. NRC.tn consultation with FDMA. cannot find

rhe plan shall describe provisions for the reasocable assurance that adequate

condoct of emergency preparedness exercises protective meabares can be taken In the event

are follows: Exercise sha test the adsqcy to a radiological emergency. The extent of

of timing and coote-A of im.plementing State and local participation in remedal

procedures and metho~s. test emergency exercses must be sufficient to show that

equipr:ea and co-ica ons networks. appropriate corrective meascres have been

test the public nnsication system. and taken regardiog the element of the plan not

ensure that emergency organization properly tested in the previous exercis

personnel are familiar with their dutite.a 5. All train;1in including exercises, shall

1. A full participadn ' exercise which provide for formal critiques in order to

tests as much of the licernsee. State and local idectify weak or deficient areas that need

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* State and licensee jointly suli;t exercise objective to

FMA and NRC Regional Offices.

- 60 days FMA and NRC Regional Offices discuss and meet with

licensee/State as necessary and prepare response.

- 45 days State and licensee scenario developers submit exercise

scenario to FE4A and NRC Regions for review.

- 35 days FEKA and NRC Regions notify State and licensee of scenario

acceptability.

- 30 days MA and NRC Regions develop specific post exercise critique

schedule with the State and advise FMA and NRC headquarters.

- 15 days 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).

- 1 day Meeting, in the exercise area, of all Federal observers both

onsite and offsite to f4nalize assigments, and give instructions.

E day Exer-ise

E day FM11A and RAC observers caucus to collate observations. NRC

observers also caucus to collate observations.

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

respective caucuses as practical, to coordinate Federal

participation in critique.

E t0o 1 day 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

-4- July 15, 1985 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 and preparedness for the

involved site under 44 CFR 350, FEMA may, in consultation with NRC,

require another remedial exercise and the NRC may consider enforcement

actions.

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 Teletheraphy Unit Malfunction 7/15/85 All NRC licensees

authorized to use

teletheraphy units

85-53 Performance Of NRC-Licensed 7/12/85 All power reactor

Individuals While On Duty facilities holding

an OL or CP

85-52 Errors In Dose Assessment 7/10/85 All power reactor

Computer Codes And Reporting facilities holding

Requirements Under 10 CFR an OL or CP

Part 21

85-51 Inadvertent Loss Or Improper 7/10/85 All power reactor

Actuation Of Safety-Related facilities holding

Equipment an OL or CP

85-50 Complete Loss Of Main And 7/8/85 All power reactor

Auxiliary Feedwater At A PWR facilities holding

Designed By Babcock & Wilcox an OL or CP

85-49 Relay Calibration Problem 7/1/85 All power reactor

facilities holding

an OL or CP

85-48 Respirator Users Notice: 6/19/85 All power reactor

Defective Self-Contained facilities holding

Breathing Apparatus Air an OL or CP, research, Cylinders and test reactor, fuel cycle and

Priority 1 material

licensees

85-47 Potential Effect Of Line- 6/18/85 All power reactor

Induced Vibration On Certain facilities holding

Target Rock Solenoid-Operated an OL or CP

Valves

OL = Operating License

CP = Construction Permit