ML061530290
| ML061530290 | |
| Person / Time | |
|---|---|
| Issue date: | 07/19/2006 |
| From: | Ho Nieh NRC/NRR/ADRA/DPR |
| To: | |
| Norris M, NSIR, 415-4098 | |
| References | |
| RIS-06-012 | |
| Download: ML061530290 (5) | |
See also: RIS 2006-12
Text
UNITED STATES
NUCLEAR REGULATORY COMMISSION
OFFICE OF NUCLEAR REACTOR REGULATION
WASHINGTON, DC 20555-0001
July 19, 2006
NRC REGULATORY ISSUE SUMMARY 2006-12
ENDORSEMENT OF NUCLEAR ENERGY INSTITUTE GUIDANCE
ENHANCEMENTS TO EMERGENCY PREPAREDNESS PROGRAMS
FOR HOSTILE ACTION
ADDRESSEES
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.
INTENT
The U.S. Nuclear Regulatory Commission (NRC) is issuing this regulatory issue summary (RIS)
to endorse the Nuclear Energy Institute (NEI) guidance entitled Enhancements to Emergency
Preparedness Programs for Hostile Action, dated May 2005 (revised in November 18, 2005).
The NRC finds this document to contain an acceptable implementation methodology for
licensees to apply in adopting the program enhancements discussed in NRC Bulletin 2005-02,
Emergency Preparedness and Response Actions for Security-Based Events. This RIS
requires no action or written response by addressees.
BACKGROUND INFORMATION
Nuclear power plant emergency preparedness (EP) programs are designed to address a wide
range of event scenarios. After the terrorist attacks of September 11, 2001, NRC evaluated the
EP planning basis to ensure it continued to protect the public health and safety in the current
threat environment. In 2002, NRC issued Orders requiring compensatory measures which
include nuclear security and EP. The NRC staff has reviewed all of the responses to these
2002 Orders. The NRC staff has observed licensee performance during security-event-based
EP drills and exercises and security force-on-force exercises. The NRC staff has discussed
security-related EP issues with Federal, State and local government officials and with licensees.
The NRC staff determined that the EP planning basis continues to protect public health and
safety, however, the NRC staff recognizes that enhancements are desirable to ensure effective
plan implementation during security-related events. Examples of such enhancements include
more timely NRC notification, improvement to onsite protective actions and revision of
emergency action levels to identify security-related emergencies more succinctly.
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The NRC staff issued NRC Bulletin 2005-02 on July 18, 2005, to obtain information from
licensees on progress in implementing security-event-related EP program enhancements. The
NRC staffs evaluation of licensee responses to the bulletin indicate that all licensees are
considering or have implemented enhancements to their programs. NEI developed the
enclosed guidance, entitled Enhancements to Emergency Preparedness Programs for Hostile
Action (May 2005, revised November 18, 2005), to clarify the various options available to
licensees to implement these enhancements, and NEI also requested NRC endorsement of
these options in a letter dated November 22, 2005.
SUMMARY OF ISSUE
The NEI guidance clarifies issues, enhances emergency action levels, and provides
implementation methods in support of Bulletin 2005-02. The NRC staff finds that the NEI
guidance remains consistent with the intent of the bulletin and is appropriate for licensee use.
As such, the NRC staff endorses this NEI guidance document with the following clarifications:
1. The NRC staff recognizes the need for the U.S. Department of Homeland Security
(DHS) to be involved in the review and endorsement of proposed enhancements to the
drill and exercise program that impact the demonstration and evaluation of offsite
response organization capabilities in response to a security event-based scenario. In
coordination with DHS, the NRC staff will evaluate changes to the scenario scope or
extent of play for the proposed security event-based EP biennial exercise after NEI
submits forthcoming industry guidelines for the development of EP drill and exercise
threat-based scenarios. Licensees are not expected to schedule security-based biennial
exercises until NRC endorses, in coordination with DHS, forthcoming industry guidelines
and completes revisions to regulation and guidance, as deemed applicable.
2. Attachment 4 (Example Tools for the Development of Onsite Protective Actions) to the
NEI guidance states in the discussion of possible actions, that the phrase take cover is
an action intended to allow the use of an immediately available structure to provide
personnel protection. These structures should be in designated locations that are
located away from potential target buildings as discussed in NRCs Safeguards Advisory
for Operating Power Reactors (SA 05-02). In addition, the examples of the protective
action decision-making tools also should provide site-specific guidance for these
locations.
3. Attachment 5 (Integration and Demonstration of Emergency Response Security
Events) to NEI guidance expects that over a 3-year period, each site will initiate an
integrated drill, using a security event-based scenario, during a year when the licensee
does not have to demonstrate a biennial EP exercise in accordance with Appendix E to
Title 10 of the Code of Federal Regulations (10 CFR) Part 50. However, the project
timeline in Attachment 5 incorrectly specifies this period as July 2006 through December
2008, which is only a 30-month period. Based on discussions with NEI, the appropriate
period for conducting site integrated drills is from September 2006 through August 2009
to allow the opportunity for NEI to provide further guidance and training to industry.
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Licensees using the NEI guidance to change their emergency plans should ensure that plan
changes are coordinated with offsite response organizations. Although the NEI guidance
provides an acceptable method for implementing enhancements, licensees may select other
methods. If licensees adopt the changes as written in Bulletin 2005-02 and the NEI guidance,
the NRC staff believes that those changes, on their own, would likely not pose a decrease in
effectiveness and could be performed under 10 CFR 50.54(q) without prior NRC approval.
However, licensees have the responsibility to ensure that changes do not decrease the
effectiveness of the emergency plans and that the changed plans continue to meet the
standards of 10 CFR 50.47(b) and the requirements of Appendix E to 10 CFR Part 50. The
NRC staff recognizes that other methods for implementing the enhancements also may be
acceptable, but note that licensees should review these methods to ensure they do not
decrease the effectiveness of the emergency plans. Without application to and approval by the
NRC, licensee may not implement proposed changes that decrease the effectiveness of the
approved emergency plans.
BACKFIT DISCUSSION
This RIS endorses NEI guidance entitled Enhancements to Emergency Preparedness
Programs for Hostile Action, revised November 2005, as an adequate methodology to
implement the enhancements discussed in Bulletin 2005-02. Any action on the part of
licensees to use the guidance endorsed by this RIS is strictly voluntary. This RIS neither
imposes any new or modified NRC staff requirements, nor prescribes a unique way to comply
with the regulations, nor does it require any action or written response. Therefore, this RIS is
not a backfit under 10 CFR 50.109 and the NRC staff did not perform a backfit analysis.
CONGRESSIONAL REVIEW ACT
This RIS is a rule as designated by the Congressional Review Act (5 U.S.C. §§ 801-808) and,
therefore, is subject to the Act.
FEDERAL REGISTER NOTIFICATION
A notice of opportunity for public comment on this RIS was published in the Federal Register
(71 FR 12716) on March 13, 2006. Comments were received from the public and comment
resolution can be found in the Agencywide Documents Access and Management System under
Accession No. ML061510364.
PAPERWORK REDUCTION ACT STATEMENT
This RIS does not contain information collection requirements that are subject to the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Existing collection requirements under
10 CFR Part 50 were approved by the Office of Management and Budget (OMB), approval
number 3150-0011. The NRC may not conduct or sponsor, and a person is not required to
respond to, an information collection unless the requested document displays a currently valid
OMB control number.
Page 3 of 4
CONTACT
Please direct any questions about this matter to one of the technical contacts listed below.
/RA/
Ho K. Nieh, Acting Director
Division of Policy and Rulemaking
Office of Nuclear Reactor Regulation
Technical Contacts: Michael B. Norris, NSIR/DPR Joseph D. Anderson, NSIR/DPR
(301) 415-4098 (301) 415-4114
E-mail: mbn@nrc.gov E-mail: jda1@nrc.gov
Enclosure: NEI Guidance, Enhancements to Emergency Preparedness Programs Hostile
Action, May 2005 (revised November 18, 2005) (Agencywide Document Access
and Management System (ADAMS) Accession No. ML053290326)
Note: NRC generic communications may be found on the NRC public Web site,
http://www.nrc.gov, under Electronic Reading Room/Document Collections.
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CONTACT
PACKAGE: ML061530299, RIS: ML061530290, ENCLOSURE: ML053290326 (TAC MC8203)
OFFICE DPR:NSIR Tech Editor TL:DPR:NSIR BC:DPR:NSIR DD:DPR:NSIR D:DPR:NSIR
NAME MNorris HChang JAnderson EWeiss NMamish ELeeds
DATE 06 / 01 /2006 06 / 07 /2006 06 / 01 /2006 06 / 05 /2006 06 / 07 /2006 06 / 09 /2006
OFFICE BC:ITSB:DIRS D:DORL OE OGC (SBREFA) OGC (NLO) PMAS
NAME TKobetz CHaney DSolorio NSanchez STreby JHarves
DATE 06 / 22 /2006 06 / 28 /2006 06 / 27 /2006 07 / 12 /2006 07 / 12 /2006 06 / 28 /2006
OFFICE OIS LA:PGCB:DPR:NRR PGCB:DPR:NRR BC:PGCB:DPR:NRR D:DPR(A):NRR
NAME MJanney CHawes AWMarkley CJackson HNieh
DATE 06 / 28 /2006 38882 07/12/2006 07/18/2006 07 /19 /2006