ML080110116

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Endorsement of Revision 1 to NEI 06-04, Nuclear Energy Institute: Conducting a Hostile Action Based Emergency Response Drill
ML080110116
Person / Time
Issue date: 03/19/2008
From: Michael Case
NRC/NRR/ADRA/DPR
To:
References
NEI 06-04, Rev 1 RIS-08-008
Download: ML080110116 (6)


See also: RIS 2008-08

Text

UNITED STATES

NUCLEAR REGULATORY COMMISSION

OFFICE OF NUCLEAR REACTOR REGULATION

WASHINGTON, D.C. 20555-0001

March 19, 2008

NRC REGULATORY ISSUE SUMMARY 2008-08

ENDORSEMENT OF REVISION 1 TO NUCLEAR ENERGY

INSTITUTE GUIDANCE DOCUMENT NEI 06-04, CONDUCTING A

HOSTILE ACTION-BASED EMERGENCY RESPONSE DRILL

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 Revision 1 to Nuclear Energy Institute (NEI) guidance document NEI 06-04,

Conducting a Hostile Action-Based Emergency Response Drill, dated October 30, 2007. The

NRC finds this document, with the staff clarifications noted, presents an acceptable

methodology for licensees to conduct industry-wide, baseline, hostile action-based emergency

preparedness (EP) drills. Specifically, drills that fall under Phase 3 of the industry initiative

described in Attachment 5 to NEI guidance document, Enhancements to Emergency

Preparedness Programs for Hostile Action, May 2005 (revised November 18, 2005)

(Agencywide Document Access and Management System (ADAMS) Accession No.

ML053290326); hereafter, referred to as 2005 NEI guidance. This RIS requires no action or

written response by addressees.

BACKGROUND INFORMATION

Current regulations in Title 10 of the Code of Federal Regulations (10 CFR) Section 50.47(b)

and 10 CFR Part 50, Appendix E,Section IV.F.2 do not explicitly require licensees to conduct a

hostile action-based scenario as part of periodic EP drills and exercises. However, following the

events of September 11, 2001, the NRC issued Bulletin 2005-02, Emergency Preparedness

and Response Actions for Security-Based Events. The bulletin requested licensees to provide

information to the NRC regarding action taken or planned to be taken associated with

ML080110116

RIS 2008-08

Page 2 of 5

security-based EP drills and exercises. Additionally, Attachment 6 of the Bulletin outlined an

acceptable methodology for use by each site to voluntarily conduct a hostile action-based

scenario as an "off-year" EP drill over a 3-year period. The industry responded to the bulletin

with the 2005 NEI guidance, which clarified proposed enhancements to emergency plans that

were provided in Bulletin 2005-02 and provided implementation guidance for those

enhancements. In addition, Attachment 5 of the 2005 NEI guidance provided a phased

approach to support the final implementation of conducting a hostile action-based scenario as

part of the existing biennial exercise cycle. Phase 3 specifically described an industry initiative;

whereby, each nuclear power plant site conducts a hostile action-based EP drill within a 3-year

period. The NRC subsequently endorsed this 2005 NEI guidance in RIS 2006-12,

Endorsement of Nuclear Energy Institute Guidance: Enhancement to Emergency

Preparedness Programs for Hostile Actions, dated July 19, 2006.

In a letter dated August 30, 2006, NEI requested NRC endorsement of Revision 0 to NEI 06-04,

Guideline for the Development of EP Drill and Exercise Threat-Based Scenarios, dated August

2006 (ADAMS Accession No. ML062490557). This document provided specific guidelines to

industry, State, and local response organizations on the conduct of hostile action-based EP

drills under phase 3 of the industry initiative. The NRC subsequently responded in a letter to

NEI dated October 23, 2006 (ADAMS Accession No. ML062480473), stating that:

NRC endorsement is not required for licensees to conduct a security event-based

scenario during an off-year exercise or drill. However, the NRC considers that the use of

Revision 0 to NEI 06-04 is appropriate for developing and conducting a security event-

based EP drill or exercise during this phase and encourages the industry to proceed with

efforts to schedule and conduct these drills and exercises.

As such, hostile action-based EP drills, also referred to as Phase 3 Drills, will not be evaluated

by either the NRC or the Federal Emergency Management Agency (FEMA). This provides a

no fault opportunity for licensees to demonstrate responses to the unique challenges security

events pose to existing EP programs. Lessons learned from these drills will support formal

implementation of hostile action-based event scenarios as part of biennial exercises.

During Calendar Year (CY) 2007, nine hostile action-based EP drills were conducted using the

proposed industry guidelines contained in Revision 0 to NEI 06-04. These drills identified

valuable lessons learned and aided in clarifying the unique challenges a hostile action-based

event poses to existing EP programs. Based on these lessons learned, Revision 1 to NEI 0604,

Conducting a Hostile Action-Based Emergency Response Drill, dated October 30, 2007

(ADAMS Accession No. ML073100460), was developed by the industry to ensure consistency

in the conduct of remaining hostile action-based EP drills through CY2009.

SUMMARY OF ISSUE

Revision 1 to NEI 06-04 clarifies the intended scope and methods for demonstration of key

objectives of hostile action-based EP drills. This document is intended for use in conducting the

remaining hostile action-based EP drills under Phase 3 of the industry initiative as outlined in

the 2005 NEI guidance. The NRC staff finds that Revision 1 to NEI 06-04 is consistent with the

intent of Bulletin 2005-02. As such, the staff endorses Revision 1 to NEI 06-04 with the

following clarifications:

RIS 2008-08

Page 3 of 5

a. Overview, Section 1, states, The periodic implementation of a hostile action-based

emergency response drill has replaced the practice of conducting a tabletop drill during

each force-on-force (FOF) exercise. Although hostile action-based drills encompass

many of the objectives demonstrated during previously conducted FOF tabletops, the

demonstration of key control room EP actions is still expected under IP 71114.07,

Emergency Preparedness Component of the Force-On-Force (FOF) Exercise

Evaluation and has not been superseded by the conduct of a hostile action-based drill.

b. Overview, Section 1, last paragraph, discusses licensees incorporating into their drill

program one hostile action-based scenario in a six-year cycle. The NRC is currently

working in concert with FEMA to address the use of hostile action-based scenarios

during biennial exercises under the rulemaking process; however, the frequency,

scenario objectives, and specific guidelines have not yet been determined for conducting

a hostile action-based scenario as part of a biennial exercise.

c. Objective Development, Section 2, states, Once the ERO is activated and integrated

into the stations response to the event, it is expected that the following key capabilities

will be demonstrated:. It should be noted that some hostile action-based scenarios

may be developed to demonstrate key capabilities prior to or in parallel with activating

the ERO.

d. Scenario Development, Section 4, implies that access restrictions may develop due to

the impact of an aircraft; however, it should be noted that access restrictions should not

be dictated only by possible aircraft damage. Access restrictions based on possible

damage from land- and water-based attacks should also be considered as part of these

scenarios. Any likely equipment and building damage for any scenario should be

included to provide realism, such that the response actions necessary to mitigate the

event are appropriate.

e. Scenario Development, Section 4, encourages that drills be conducted in real time, or

as near real time as possible. NRC encourages that the use of a time jump or time

compression be minimized or eliminated when possible. Applicable State and local

response organizations should be included in scenario development activities so that

demonstration of significant off-site decisions and response actions are included and the

impact of any time jump or time compression is fully understood.

f. Appendix A, Functional Demonstration Criteria No. 3, explains that licensees should

demonstrate the ability to make accelerated NRC notifications. Additional opportunities

to practice other communications between the licensee and NRC may be possible by

coordinating aspects of participation with NRC staff. These activities could include the

use of authentication codes and communications with the NRC headquarters operations

officer (HOO) regarding a postulated ground-based, waterborne, or airborne threat.

g. Appendix A, Functional Demonstration Criteria No. 5, should address the coordination

of the control room staff and site security to perform initial accident assessment and

mitigation prior to the site being secured and ERO mobilization. Following a hostile

action, there may be delays in staffing emergency facilities and in securing the site.

Therefore, the scenario should include the demonstration of appropriate prompt actions

that can be taken by available on-shift staff prior to the site being secured, in

coordination with site security and initial offsite responders, to safely coordinate the

dispatching of damage control (repair) personnel to implement applicable coping

RIS 2008-08

Page 4 of 5

strategies. This may require the prioritization of site security and initial law enforcement

resources to perform sweeps of designated plant areas to allow prompt access by

damage control (repair) personnel in the period after known adversaries have been

neutralized.

h. Appendix A, Functional Demonstration Criteria No. 9, discusses the ability of the ERO

to activate alternate facilities. Licensees are encouraged to use this drill as an

opportunity to test continuity of operations capabilities and challenge processes and

procedures associated with these alternate facilities.

i.

Additional Clarifications: Use of the National Incident Management System (NIMS)

and definitions from the National Response Plan (NRP) are referenced throughout

Revision 1 to NEI 06-04. However, the NRP was superseded by the National Response

Framework, dated January 2008. Therefore, the latest revision of such referenced

documents should be used for conduct and development of drills and scenarios.

Additionally, the use of the Incident Command System (ICS) and Incident Command

Post (ICP), as described in NIMS, are also consistently referenced throughout Revision

1 to NEI 06-04; however, the use of a Unified Command (UC) or Unified Area Command

(UAC) is not. In keeping with the NIMS structure, licensees are encouraged to

demonstrate key decision-making and communication interface activities with the

UC/UAC, as applicable, to adequately demonstrate the effective prioritization of activities

and coordination of resources with the licensee and State/local emergency operations

facilities.

BACKFIT DISCUSSION

Bulletin 2005-02 identifies the staff position regarding conduct of a hostile action-based EP drill.

This RIS endorses Revision 1 to NEI 06-04 as an adequate methodology for the development

and conduct of a hostile action-based EP drill as part of the industry initiative in response to

potential program enhancements discussed in Bulletin 2005-02. This RIS neither imposes any

new or modified NRC staff requirements, nor prescribes a unique way to comply with the

regulations or requires any action or written response. Any action on the part of the licensee to

use the guidance endorsed by this RIS is strictly voluntary. Therefore, this RIS is not a backfit

under 10 CFR 50.109 and the NRC staff did not perform a backfit analysis.

FEDERAL REGISTER NOTIFICATION

A notice of opportunity for public comment on this RIS was not published in the Federal Register

because it is informational and pertains to a staff position that does not represent a departure

from current regulatory requirements and practice. NRC intends to work with NEI, industry

representatives, FEMA, State and local response organizations, members of the public, and

other stakeholders in developing both final guidance and modifying related guidance

documents. This action will be done in support of the rulemaking to update emergency

preparedness regulations.

CONGRESSIONAL REVIEW ACT

The NRC has determined that this RIS is not a rule as designated by the Congressional Review

Act (5 U.S.C. §§801-808) and, therefore, is not subject to the Act.

RIS 2008-08

Page 5 of 5

PAPERWORK REDUCTION ACT STATEMENT

This RIS does not contain any information collections and, therefore, is not subject to the

requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Public Protection Notification

The NRC may not conduct or sponsor, and a person is not required to respond to, a request for

information or an information collection requirement unless the requesting document displays a

currently valid OMB control number.

CONTACT

Please direct any questions about this matter to one of the technical contacts listed below.

/RA/

Michael J. Case, Director

Division of Policy and Rulemaking

Office of Nuclear Reactor Regulation

Technical Contacts: Michael D. McCoppin,

Joseph D. Anderson,

NSIR/DPR NSIR/DPR

(301) 415-2737

(301) 415-4114

E-mail: mdm2@nrc.gov

E-mail: jda1@nrc.gov

Enclosure: Revision 1 to NEI 06-04, Conducting a Hostile Action-Based Emergency Response

Dril, October 30, 2007 (ADAMS Accession No. ML073100460)

Note: NRC generic communications may be found on the NRC public Web site,

http://www.nrc.gov, under Electronic Reading Room/Document Collections.

ML073100460)

Note: NRC generic communications may be found on the NRC public Web site,

http://www.nrc.gov, under Electronic Reading Room/Document Collections.

DISTRIBUTION:

RIS File

ADAMS ACCESSION NUMBERS:

PACKAGE: ML080110111, RIS: ML080110116, ENCLOSURE: ML073100460 (TAC MC7511)

OFFICE

DPR:NSIR

Tech Editor

TL:DPR:NSIR

BC:DPR:NSIR

DD:DPR:NSIR

D:DPR:NSIR

NAME

MMcCoppin

HChang

JAnderson

AMcMurtray

CMiller

MLeach

DATE

1/14/2008

1/23/2008

1/14/2008

1/31/2008

1/31/2008

2/4/2008

OFFICE

BC:ITSB:DIRS

D:DORL

D:DSP:NSIR

OE

OGC (CRA)

OGC (NLO)

NAME

GWaig

CHaney

PHolahan

NHilton

CLazar

BJones

DATE

2/7/2008

2/15/2008

2/7/2008

2/7/2008

3/3/2008

3/1/2008

OFFICE

PMDA

OIS

LA:PGCB:DPR:NRR

PGCB:DPR:NRR

BC:PGCB:DPR:NRR

D:DPR:NRR

NAME

VHuth

G Trussell

CHawes

AWMarkley

MMurphy

MCase

DATE

3/11/2008

3/10/2008

3/12/2008

03/12/2008

03/19/2008

03/19/2008