ML041550395
| ML041550395 | |
| Person / Time | |
|---|---|
| Issue date: | 07/13/2004 |
| From: | Beckner W NRC/NRR/DIPM/IROB |
| To: | |
| Casto G NUEPPO 415-4072 | |
| References | |
| TAC MC3249 RIS-03-018, Suppl 1 | |
| Download: ML041550395 (7) | |
See also: RIS 2003-18
Text
UNITED STATES
NUCLEAR REGULATORY COMMISSION
OFFICE OF NUCLEAR REACTOR REGULATION
WASHINGTON, D.C. 20555-0001
July 13, 2004
NRC REGULATORY ISSUE SUMMARY 2003-18, SUPPLEMENT 1,
USE OF NUCLEAR ENERGY INSTITUTE (NEI) 99-01, METHODOLOGY
FOR DEVELOPMENT OF EMERGENCY ACTION LEVELS,
REVISION 4, DATED JANUARY 2003
ADDRESSEES
All holders of operating licenses for nuclear power reactors and licensees that have
permanently ceased operations and have certified that fuel has been permanently removed
from the reactor vessel.
INTENT
The Nuclear Regulatory Commission (NRC) is providing this regulatory issue summary (RIS) to
supplement previously issued information in RIS 2003-18, Use of NEI 99-01, Methodology for
Development of Emergency Action Levels, Revision 4, dated January 2003. The NRC is
clarifying technical positions regarding the revision of emergency action levels (EALs). This
RIS requires no action or written response on the part of an addressee.
BACKGROUND INFORMATION
Recently, the NRC has reviewed licensee processes for emergency action level (EAL) changes
and issued findings related to the improper implementation of EAL changes. In one recent
example, a licensee made improvements to its emergency plan change process to require
approval of proposed emergency plan changes by the station regulatory affairs department and
the plant operations review committee. That licensee subsequently submitted changes to EALs
which were not of sufficient detail to support NRC review. The NRC asked the licensee to
withdraw the proposed changes.
The NRC staff has received several recent prior approval submittals from licensees converting
EALs to the endorsed NEI 99-01, Revision 4 scheme. Those submittals have been inconsistent
in format and quality. The staff has conducted a review of NRC guidance and held discussions
with the industry to ensure a common understanding of expectations for implementation of EAL
revisions consistent with RIS 2003-18. The most recent information was received from a public
RIS 2003-18, Sup 1
Page 2 of 5
workshop held on April 26, 2004 (ADAMS Accession No. ML041210096), to discuss practices
for making EAL changes. The NRC staff believes that additional explanation regarding
documentation for proposed EAL changes could be helpful.
The regulations governing the development and implementation of EALs for nuclear power
licensees are contained in 10 CFR Part 50. Guidance documents used to review EAL schemes
are identified in Regulatory Guide 1.101, Emergency Planning and Preparedness for Nuclear
Power Reactors, Revision 2 (dated October 1982), Revision 3 (dated August 1992), and
Revision 4 (dated October 2003).
RIS 2003-18 describes the 10 CFR Part 50 sections and guidance references in detail, as they
pertain to EAL revisions. The details contained in RIS 2003-18 remain applicable to this RIS.
SUMMARY OF ISSUE
The purpose of this RIS is to supplement previously issued information in RIS 2003-18 by
clarifying technical positions regarding the revision of EALs. Specifically, this RIS provides
clarification on the level of detail licensees need to provide to support proposed changes to
EALs. RIS 2003-18 contained staff suggestions intended to enhance the review process.
These suggestions were discussed during the April 26, 2004, public workshop.
As evidenced by recent licensee submittals for NRC prior approval of EAL changes, and as
reinforced by discussion with licensees prior to and during the April 26, 2004 public workshop,
licensees have not consistently provided the level of detail necessary to allow the NRC to
effectively review proposed EAL changes. Further, the information in RIS 2003-18 did not
appear to provide sufficient explanation of the expectations which NRC intended for the
example EAL change scenarios discussed in RIS 2003-18. The following information was
provided to the public in the April 26, 2004 workshop and may be useful to licensees preparing
EAL revisions.
General Expectations
As discussed in RIS 2003-18, the staff recognizes that certain EAL changes do not warrant
NRC review and approval, and that licensees may make changes to EALs without prior NRC
approval when changes do not decrease the effectiveness of the emergency plan and continue
to meet the standards of 10 CFR 50.47(b) and the requirements of Appendix E. As also
discussed in RIS 2003-18, certain other types of changes, such as scheme changes from EALs
based on NUREG-0654 to EALs based on NUMARC/NESP-007 or NEI 99-01, should include a
formal review and approval by NRC prior to implementation. RIS 2003-18 provides detailed
examples of the type of changes that should receive prior review and approval, as well as
examples that are appropriate to implement in accordance with 10 CFR 50.54(q).
Whether EAL changes warrant NRC prior approval or implementation per 50.54(q), it is
recommended that detailed documentation be compiled to justify the EAL changes. EAL
justifications, which stand alone in the arrangement of documentation necessary to explain
RIS 2003-18, Sup 1
Page 3 of 5
proposed changes, will aid in supporting an efficient review process. Supporting information,
(such as engineering studies, calculations, referenced procedures, diagrams, maps, etc.), is
useful.
A pre-submittal conference between the licensee and the NRC, as referenced in 10 CFR 2.101(a)(1), is often useful prior to the submittal of proposed EAL changes. The conference
serves to clarify the NRCs expectations for documentation and allows the licensee to
understand the process by which the change will be evaluated, including NRC time estimations
for completion of the review.
Submittal Documentation
Methods which may provide for a more efficient and timely review process were discussed in
the April 26, 2004 public workshop. Including the following information in EAL submittal
documentation will facilitate the review process:
(1) Summary Explanation
A summary document, which generally explains the considerations applicable to the EAL
change, provides the NRC reviewer information specific to the current EAL scheme, proposed
EAL scheme, plant operational information, useful definitions applicable to understanding the
EAL change, and emergency plan specific information that supports the EAL change. Example
information in the summary explanation includes:
Contents in the submittal package, with an explanation for the contents
Current EAL scheme in use
Proposed EAL scheme on which the EAL change is based
Cross-reference comparing scheme basis (NUMARC, NEI) to proposed EAL change(s)
Specific discussion for the identification of differences and deviations from the proposed
EAL scheme bases, including how changes are indicated for each difference and
deviation
Description of operational modes, as applicable to the specific unit(s)
Discussion of applicable State and local government officials who have review and
agreement authority for changes to EALs
(2) State/Local Government Official Agreement Documentation:
Review of and agreement with EAL changes by applicable State and local government officials
is required by 10 CFR Part 50, Appendix E. Evidence of reviews and agreement, provided with
the EAL change submittal, documents the level of explanation provided to government officials
regarding the impact of the change to offsite agency emergency notifications. For example,
RIS 2003-18, Sup 1
Page 4 of 5
where NUREG-0654 to NUMARC/NESP-007 or NEI 99-01 scheme changes result in a higher
or lower classification for a specific event, documentation should be included to show that State
and Local government officials were made aware of those changes in classifications.
(3) Detailed Justification
To facilitate a timely EAL review, a description of each EAL difference or deviation from the
basis scheme or prior NRC-approved site-specific hybrid EAL provides sufficient detail to stand
alone as justification for the proposed change. It is recommended that supporting information
be included (for prior approval submittals) or maintained for follow-up inspection (for 50.54(q)
implemented changes). Supporting information includes technical document references,
engineering reports, calculations, diagrams, maps, and procedures.
Difference and Deviation
A difference is an EAL change where the basis scheme guidance (NUREG, NUMARC, NEI)
differs in wording but agrees in meaning and intent, such that classification of an event would
be the same, whether using the basis scheme guidance or the site-specific proposed EAL.
Examples of differences include the use of site-specific terminology or administrative re-
formatting of site-specific EALs.
A deviation is an EAL change where the basis scheme guidance differs in wording and is
altered in meaning or intent, such that classification of the event could be different between the
basis scheme guidance and the site-specific proposed EAL. Examples of deviations include
the use of altered mode applicability, altering key words or time limits, or changing words of
physical reference (protected area, safety-related equipment, etc.).
Good Industry Practices:
The use of good industry practices in the preparation of EAL change documents is encouraged
by the NRC. As EAL changes occur, licensees are expected to gain experience and share
information with the industry. Assistance to licensees in the preparation of EAL change
packages can be provided by the NRC during pre-submittal conferences, and may be beneficial
in reducing regulatory burden through the consistent incorporation of acceptable practices by
the licensee.
BACKFIT DISCUSSION
This RIS requires no action or written response. Any action on the part of addressees to adopt
the information contained in this RIS is strictly voluntary and, therefore, is not a backfit under
10 CFR 50.109. Consequently, the staff did not perform a backfit analysis.
RIS 2003-18, Sup 1
Page 5 of 5
FEDERAL REGISTER NOTIFICATION
A notice of opportunity for public comment on this RIS was not published in the Federal
Register because it is informational. NRC worked with NEI, industry representatives, members
of the public, and other stakeholders to obtain information which was used in the development
of this RIS.
SMALL BUSINESS REGULATORY ENFORCEMENT FAIRNESS ACT OF 1996
The NRC has determined that this action is not subject to the Small Business Regulatory
Enforcement Fairness Act of 1996.
PAPERWORK REDUCTION ACT NOTIFICATION
This RIS does not request any information collections and, therefore, is not subject to the
requirements of the Paperwork Reduction Action of 1995 (44 U.S.C. 3501 et seq.).
If you have any questions or wish to provide any feedback, please call the technical contact,
listed below.
/RA/
William D. Beckner, Chief
Reactor Operations Branch
Division of Inspection Program Management
Office of Nuclear Reactor Regulation
Technical Contact: Greg A. Casto, DPR/NSIR
301-415-4072
Email: gac@nrc.gov
Attachment: List of Recently Regulatory Issue Summaries
- See previous concurrence
DOCUMENT NAME: C:\\ORPCheckout\\FileNET\\ML041550395.wpd
OFFICE
DPR:NSIR
Tech Editor
DPR:NSIR
DPR:NSIR
NAME
GACasto
PEKleene*
EWWeis*
NLMamish*
JLieberman*
SCole*
DATE
06/09/2004
06/09/2004
06/21/2004
06/24/2004
06/29/2004
07/02/2004
OFFICE
PMAS
OCIO
OES:IROB:DIPM
A:SC:OES:IROB:DIPM
C:IROB:DIPM
NAME
DLMcCain
BCStMary
CDPetrone
WDBeckner/for
WDBeckner
DATE
07/072004
07/18/2004
07/12/2004
07/13/2004
07/13/2004
______________________________________________________________________________________
OL = Operating License
CP = Construction Permit
Attachment
RIS 2003-18, Sup 1
Page 1 of 1
LIST OF RECENTLY ISSUED
NRC REGULATORY ISSUE SUMMARIES
_____________________________________________________________________________________
Regulatory Issue
Date of
Summary No.
Subject
Issuance
Issued to
_____________________________________________________________________________________
2004-11
Supporting Information Associated
with Requests For Withholding
Proprietary Information
06/29/2004
All submitters of proprietary
information to the Nuclear
Regulatory Commission.
2004-10
Preparation And Scheduling of
Operator Licensing Examinations
06/14/2004
All holders of operating licenses
for nuclear power reactors, except
those who have permanently
ceased operations and have
certified that fuel has been
permanently removed from the
reactor vessel.
2004-09
Status on Deferral of Active
Regulation of Ground-water
Protection At In Situ Leach
Uranium Extraction Facilities
06/07/2004
All holders of materials licenses for
facilities.
2004-08
Results of the License Termination
Rule Analysis
05/28/2004
All holders of operating licenses
for nuclear power reactors,
research and test reactors, as well
as decommissioning sites.
2004-07
Release of Final Review Standard
(RS)-002, Processing
Applications for Early Site Permits
05/19/2004
All holders of operating licenses
for nuclear power reactors, all
applicants for early site permits
(ESPs), and all prospective
vendors of nuclear power plants in
the United States.
2004-06
Independent Survey of Power
Reactor Licensees
04/16/2004
All holders of operating licenses
for nuclear power reactors except
those who have permanently
ceased operations and have
certified that fuel has been
permanently removed from the
reactor vessel.
Note:
NRC generic communications may be received in electronic format shortly after they are
issued by subscribing to the NRC listserver as follows:
To subscribe send an e-mail to <listproc@nrc.gov >, no subject, and the following
command in the message portion:
subscribe gc-nrr firstname lastname