ML080710029

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Draft NRC Regulatory Issue Summary 2005-02, Revision 1: Clarifying the Process for Making Emergency Plan Changes
ML080710029
Person / Time
Issue date: 08/19/2009
From: Brach E, Dan Dorman, Mcginty T, Mike Norris
NRC/NMSS/FCSS, NRC/NMSS/SFST, Division of Policy and Rulemaking, NRC/NSIR/DPR
To:
Norris M, NSIR, 415-4098
References
RIS-05-002, Rev 1
Download: ML080710029 (12)


See also: RIS 2005-02

Text

UNITED STATES

NUCLEAR REGULATORY COMMISSION

OFFICE OF NUCLEAR REACTOR REGULATION

WASHINGTON, DC 20555-0001

August xx, 2009

NRC REGULATORY ISSUE SUMMARY 2005-02, REVISION 1

CLARIFYING THE PROCESS FOR MAKING

EMERGENCY PLAN CHANGES

ADDRESSEES

All holders of licenses for nuclear power reactors under the provisions of Title 10 of the Code of

Federal Regulations (10 CFR) Part 50, Domestic Licensing of Production and Utilization

Facilities, including those that have permanently ceased operations and have certified that fuel

has been permanently removed from the reactor vessel.

All holders of licenses for research and test reactors under Part 50.

All holders of and applicants for nuclear power plant construction permits, early site permits and

limited work authorizations under Part 50.

All holders of a combined license for a nuclear power plant under the provisions of

10 CFR Part 52, Licenses, Certifications, and Approvals for Nuclear Power Plants.

All holders of licenses for fuel facilities under the provisions of 10 CFR Part 40 Domestic

Licensing of Source Material required to have an emergency plan under § 40.31(j)(1)(ii).

All holders of licenses for fuel facilities under the provisions of 10 CFR Part 70 Domestic

Licensing of Special Nuclear Material required to have an emergency plan under

§ 70.22(i)(1)(ii).

All holders of certifications for gaseous diffusion plants under the provisions of 10 CFR Part 76

Certification of Gaseous Diffusion Plants required to have an emergency plan under § 76.35(f).

All holders of site-specific licenses for Independent Spent Fuel Storage Installations under

10 CFR Part 72 Licensing Requirements for the Independent Storage of Spent Nuclear Fuel

and High-Level Radioactive Waste, and Reactor-Related Greater Than Class C Waste.

INTENT

The U.S. Nuclear Regulatory Commission (NRC) is issuing this regulatory issue summary (RIS)

revision to inform stakeholders that reactor emergency plan changes that require prior NRC

ML080710029

RIS 2005-02, Revision 1

Page 2 of 11

approval, in accordance with 10 CFR 50.54(q), will need to be submitted as license amendment

requests in accordance with 10 CFR 50.90, Application for Amendment of License,

Construction permit, or Early Site Permit. In addition, this revision will (1) clarify the meaning of

Adecrease in effectiveness,@ as stated in 10 CFR 50.54(q); (2) clarify the process for evaluating

proposed changes to emergency plans; (3) provide a method for evaluating proposed changes

to emergency plans; (4) provide clarifying guidance on the appropriate content and format of

applications submitted to the NRC for approval prior to implementation; and (5) clarify what

constitutes a report of emergency plan changes to be submitted to the NRC in accordance with

10 CFR 50.54(q). This revision supersedes RIS 2005-02, dated February 14, 2005, in its

entirety.

1) For non-reactor facilities, the regulations in 10 CFR 40.35(f), 70.32(i), and 76.91(o) provide

direction to licensees seeking to revise their emergency plan. An emergency plan includes

the plan as originally approved by the NRC and all subsequent changes made by the

licensee with, and without, prior NRC review and approval under these regulations. The

current practice for non-reactor facilities concerning emergency plan changes that require

prior NRC approval is to submit the changes as a license amendment request. Current

regulatory guidance for non-reactor emergency plans is contained within Regulatory Guide

3.67, Standard Format and Content for Emergency Plans for Fuel Cycle and Materials

Facilities. The NRC staff is working on updating Regulatory Guide 3.67 to include applicable

elements of this RIS for fuel cycle facilities. The NRC will publish a Federal Register Notice

of the issuance for public comment and availability of the draft updated Regulatory Guide.

2) For Independent Spent Fuel Storage Installations (ISFSI), the emergency plan change

process should be followed in accordance with 10 CFR 72.44(f). The information in this RIS

provides useful examples of the type of evaluations NRC expects ISFSI licensees to conduct

in reviewing changes to their Part 72 approved emergency plans (refer to § 72.24(k) and

§ 72.32) and determining if the changes may be made without prior NRC approval as

required by § 72.44(f). The current practice for non-reactor facilities concerning emergency

plan changes that require prior NRC approval is to submit the changes as a license

amendment request. Additional guidance on emergency planning for ISFSI licensees is

provided in Spent Fuel Storage and Transportation Interim Staff Guidance - 16, Emergency

Planning.

This RIS revision requires no action or written response on the part of addressees.

BACKGROUND INFORMATION

The regulation in 10 CFR 50.54(q) provides direction to licensees seeking to revise their

emergency plan. The requirements related to nuclear power plant emergency plans are given in

the standards in 10 CFR 50.47, Emergency Plans, and the requirements of Appendix E,

Emergency Planning and Preparedness for Production and Utilization Facilities to 10 CFR

Part 50. The standards in § 50.54(q) and Appendix E to Part 50 also establish the requirements

related to emergency plans for research and test reactors. Based upon feedback from the

nuclear power industry, the research and test reactor community, and experience gained by the

NRC staff after reviewing emergency plan changes, the NRC staff has identified a need to clarify

the process for making changes to an emergency plan and to provide licensees with a

consistent method for evaluating proposed emergency plan changes.

RIS 2005-02, Revision 1

Page 3 of 11

In addition, the NRC staff clarifies herein that the license amendment process is the correct

process to use when reviewing decrease (reduction) in effectiveness submittals. Courts have

found that Commission actions that expand licensees authority under their licenses without

formally amending the licenses constitute license amendments and should be processed

through the Commissions license amendment procedures. See Citizens Awareness Network,

Inc. v. NRC, 59 F.3d 284 (1st Cir. 1995); Sholly v. NRC, 651 F.2d 780 (D.C. Cir. 1980) (per

curiam), vacated on other grounds, 459 U.S. 1194 (1983); and In re Three Mile Island Alert, 771

F.2d 720, 729 (3rd Cir. 1985), cert. denied, 475 U.S. 1082 (1986). See also Cleveland Electric

Illuminating Co. (Perry Nuclear Power Plant, Unit 1), CLI-96-13, 44 NRC 315 (1996). A

proposed emergency plan change that would reduce the effectiveness of the plan would give the

licensee a capability to operate at a level of effectiveness that was not previously authorized by

the NRC. In this situation, the licensees operating authority would be expanded beyond the

authority granted by the NRC as reflected in the emergency plan without the proposed change.

Thus, an emergency plan change that would reduce the effectiveness of the plan would expand

the licensees operating authority under its license. A change expanding the licensees

operating authority is, according to the courts, a license amendment and must be accomplished

through a license amendment process.

The staff also stated in SECY-08-0024, Delegation of Commission Authority to Staff to Approve

or Deny Emergency Plan Changes that Represent a Decrease in Effectiveness, dated

February 25, 2008, To make the process by which the NRC will address proposed 10 CFR

50.54(q) changes that represent a decrease in effectiveness clearer, the staff intends to

incorporate language similar to that which currently exists in 10 CFR 50.54(p)(1), as part of the

planned rulemaking. The current schedule for the staffs emergency preparedness (EP)

rulemaking calls for the final rule to be issued no earlier than the summer of 2010. Because of

the timeframe associated with the rulemaking, the staff has determined that the prudent action is

to issue a RIS to clarify that licensees must submit proposed emergency plan changes which

represent a decrease in effectiveness for NRC approval as specified in § 50.54(q), and the

license amendment process is the correct process for the staff to use in reviewing the proposed

change. For purposes of discussion and to incorporate the possibility of future regulatory

changes, the term decrease in effectiveness is considered synonymous with reduction in

effectiveness (RIE).

SUMMARY OF ISSUE

Licensees routinely evaluate proposed revisions to their emergency plan, to determine if these

changes reduce the effectiveness of their current approved emergency plan or adversely affect

their ability to implement the emergency plan. Clarification is needed of an acceptable method

for licensees to use in consistently evaluating proposed changes to the emergency plan to

ensure the licensees ability to maintain and implement the approved emergency plan.

Additionally, licensees should understand the process for submitting proposed emergency plan

changes to the NRC for approval prior to implementation when there is a determination of a

decrease (reduction) in effectiveness.

The change process is described below and clarified by providing a screening criterion that

would ensure consistency of emergency plan change determinations of a decrease (reduction)

in effectiveness. Enclosure 1, A10 CFR 50.54(q) Evaluation Procedure,@ presents a suggested

outline for applying the screening criteria for the evaluation of a proposed emergency plan

change, which is graphically depicted in Attachment 1 to Enclosure 1, A10 CFR 50.54(q)

Flowchart.@ In addition, Enclosure 2, AGuidance for Content of Emergency Plan Submittals to

RIS 2005-02, Revision 1

Page 4 of 11

NRC Requiring Prior NRC Approval,@ provides guidance to licensees in the development of their

application for NRC prior approval of proposed emergency plan changes. The information in

this RIS revision clarifies the process for changing emergency plans to ensure that licensees

maintain effective emergency plans thereby maintaining reasonable assurance that adequate

protective measures can and will be taken in the event of a radiological emergency. This RIS

revision also provides a consistent methodology for licensees to evaluate changes to their

emergency plans and provides clarifying guidance for the development of applications for NRC

prior approval. This will help ensure that NRC review activities and decisions are effective,

efficient, predictable, and consistent.

The regulations require licensees to submit a report of each change within a specified period of

time after the change is made. The NRC Inspectors use this report to evaluate the effectiveness

of a licensees emergency plan change management program in accordance with NRC

Inspection Procedures, and although not required, the inclusion of the applicable licensee

evaluation and justification for the change as part of this report would be beneficial to the staff.

Regulation

In part, 10 CFR 50.54(q) states the following:

The nuclear power reactor licensee may make changes to these plans without

Commission approval only if the changes do not decrease the effectiveness of the

plans and the plans, as changed, continue to meet the standards of § 50.47(b) and

the requirements of appendix E to this part. The research reactor and/or the fuel

facility licensee may make changes to these plans without Commission approval only

if these changes do not decrease the effectiveness of the plans and the plans, as

changed, continue to meet the requirements of appendix E to this part. Proposed

changes that decrease the effectiveness of the approved emergency plans may not

be implemented without application to and approval by the Commission.

Definitions

1) Decrease (Reduction) in Effectiveness (RIE)

a) A change in an emergency plan that results in reducing the licensees capability to

perform an emergency planning function in the event of a radiological emergency.

i)

Note that other licensee activities could affect the ability to implement the emergency

plan effectively. Licensees must maintain the effectiveness of their NRC approved

emergency plans, up to and including, ensuring that changes made to other

programs, structures, systems or components do not adversely impact the licensees

ability to effectively implement its emergency plan. See Information Notice 2005-19,

Effect of Plant Configuration Changes on the Emergency Plan, dated July 18, 2005,

for additional information.

(1) An RIE will occur if there is a change or reduction in an emergency planning

function without a commensurate reduction or change in the bases for that

emergency planning function or without measures put in place to reduce the

impact of the proposed change to the emergency plan. The overall impact of

proposed changes on the effectiveness of the emergency plan or its

RIS 2005-02, Revision 1

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implementation is to be determined, not just the effect that individual changes

have on a specific part of the emergency plan.

(2) The following provides some examples of RIEs that would require prior NRC

approval without a commensurate reduction or change in the bases for that

emergency planning function or without measures put in place to reduce the

impact of the proposed change to the emergency plan. These examples should

not be viewed as being all-inclusive or exclusive; rather, licensees should use

them to inform decisions involving various changes being considered. It is also

possible that site-specific situations may make a particular example inapplicable

to a site. Even if a particular example completely encompasses the change being

considered, the licensees emergency plan change evaluation should explain why

the site-specific implementation of the change would not be an RIE for that

particular site. It is not sufficient for such an analysis to simply cross-reference an

example in this RIS revision.

(a) A change that would cause any of the major functional areas or major tasks

identified in the emergency plans to be unassigned. An example of this would

be a technical specification change eliminating on-shift radiation technician

coverage without making an alternative arrangement for providing the

requisite technical expertise in a timely manner.

(b) A change that would impede site access for offsite assistance relied on in the

plan without viable alternate arrangements being made. An example would

be the closure or planned closure of a major river bridge in a case where the

route via the nearest available crossing would incur a substantial increase in

response time.

(c) A change to the emergency response organization (ERO) callout procedures

or hardware that would delay ERO notification such that the augmentation

times in the emergency plans can no longer be achieved. A change to

communications hardware that would reduce the capability to initiate and

complete required emergency notifications within 15 minutes of the

emergency declaration.

(d) A change to the onsite meteorological measurements program such that

meteorological data currently readily available in emergency response

facilities in accordance with the emergency plan would no longer be readily

available.

(e) A change to hazard assessment and radiation protection assignments in re-

entry and recovery procedures that would not provide an adequate level of

personal protection in uncertain reentry conditions.

(f) A change that reduces the availability of site familiarization training currently

presented to offsite assistance groups (e.g., firefighters, local law

enforcement, and medical services, including mutual aid companies that

would support these groups).

RIS 2005-02, Revision 1

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(g) A change that delegates the responsibility for performance of various aspects

of emergency plan maintenance to contractors or other external groups

without adequate supervisory oversight to ensure that program elements

continue to be met (e.g., a change delegating testing and maintenance of the

Alert and Notification System to an external group not subject to typical

nuclear facility work process and configuration controls).

(3) For proposed changes to individual emergency action levels (EALs) (i.e., not an

entire EAL scheme change), an RIE will occur in the following cases:

(a) The proposed change to the EAL would potentially cause an

underclassification, (e.g., what was considered an Alert in the approved

emergency plan would now be considered an Unusual Event or not classified

at all).

(b) The proposed change to the EAL would potentially cause an

overclassification, (e.g., what was considered a Site Area Emergency in the

approved emergency plan would now be considered a General Emergency

with potential consequences for public health and safety).

(c) If the proposed change to the EAL is to change an Initiating Condition

setpoint (or threshold) without a commensurate change in the regulatory basis

for the EAL Initiating Condition setpoint (or threshold).

(d) The actual numerical setpoint of a given EAL may be revised without prior

NRC approval under the following conditions via the 10 CFR 50.54(q)

emergency plan change process:

(i) The regulatory basis for the EAL setpoint has been revised and is

approved via a letter to the licensee or a Safety Evaluation (SE). For

example, a site receives NRC approval (via a SE) for power up-rate.

Power up-rate implementation causes the normal radiation levels to

increase, thus necessitating an increase in EAL setpoints based on

normal radiation levels. The regulatory basis for the setpoint has been

changed, thus this change can be processed via the emergency plan

change process because the effectiveness of the emergency plan has not

been reduced.

(ii) The regulatory basis for the EAL setpoint has not been changed but the

method for detection of the setpoint has been changed. For example, a

given EAL setpoint is based upon exceeding 1 Rem total effective dose

equivalent (TEDE). The radiation monitor reading setpoint is based upon

a reading that would give the equivalent of exceeding 1 Rem TEDE. The

radiation monitor is replaced and operates differently. The actual

numerical value of the EAL needs to be revised to that which is equivalent

to 1 Rem TEDE. The regulatory basis for the setpoint has not been

changed, thus this change can be processed via the emergency plan

change process as the effectiveness of the emergency plan has not been

reduced.

RIS 2005-02, Revision 1

Page 7 of 11

2) Emergency plan

a) The document(s) prepared and maintained by the licensee that identify and describe the

licensees methods for maintaining and performing emergency planning functions. An

emergency plan includes the plans as originally approved by the NRC and all

subsequent changes made by the licensee with, and without, prior NRC review and

approval under 10 CFR 50.54(q).

i)

The licensee=s emergency plan consists of:

(1) The emergency plan as approved by the NRC via a Safety Evaluation Report, SE,

or license amendment (LA) from the Office of Nuclear Reactor Regulation (NRR)

or the Office of Federal and State Materials and Environmental Management

Programs (FSME).

(2) Changes to the emergency plan explicitly reviewed by the NRC through an SE, or

LA from NRR or FSME, and found to meet the applicable regulations.

(3) Changes to the emergency plan explicitly reviewed by the NRC through an SE, or

LA, and found to be an approved amendment to the licensees emergency plan.

(4) Changes made by the licensee without NRC review and approval after the

licensee concluded that the change(s) do not constitute a decrease RIE.

Emergency Plan Change Process

1.

Process Overview

Reasonable assurance that adequate protective measures can and will be taken in the event of

a radiological emergency is based on the licensee=s emergency plan, and the successful

implementation of that emergency plan. The body of an emergency plan contains statements

that describe how a licensee will meet regulatory requirements. The standards of 10 CFR

50.47(b) and the requirements of Appendix E to 10 CFR Part 50 establish the contents of the

nuclear power reactor emergency plan. The standards in § 50.54(q) and Appendix E to Part 50

establish the requirements related to emergency plans for research and test reactors.

Subsequent changes to the emergency plan must comply with § 50.54(q). Enclosure 1 outlines

the emergency plan change process, and Attachment 1 to Enclosure 1 graphically depicts the

process in a flowchart.

2.

Emergency Plan Review

Changes to an emergency plan may result from advances in technology, new or revised rules,

site-specific needs, processes, guidance (such as Nuclear Energy Institute guidance endorsed

by the NRC), technical specification changes, or modifications to instrumentation. Changes that

the licensee has identified as RIEs must be submitted to the NRC for review and prior approval.

The NRC staff will review the emergency plan change against the standards, regulations,

guidance documents and the approved emergency plan. The NRC will review and approve

RIS 2005-02, Revision 1

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submittals on a case-by-case basis. An emergency plan change approved for one licensee

does not mean that the same or similar change would be approved for another licensee.

For the purposes of determining whether a change to a licensee=s emergency plan constitutes

an RIE, the licensee should use the last emergency plan reviewed and approved by the NRC. If

the emergency plan change process has been properly implemented over the years, comparing

a proposed emergency plan change to either the latest emergency plan reviewed and approved

by the NRC or the emergency plan as changed by the licensee should result in the same RIE

determination. For example, if a licensee made a series of changes over time to the same

specific provision of the emergency plan, where each change was separately determined not to

constitute an RIE, then there should be no RIE. Therefore, there should be no RIE when

comparing the latest emergency plan to the emergency plan reviewed and approved by the

NRC. If a licensee or the NRC concludes that there is a RIE due to a series of changes over

time, then the provisions of the emergency plan change process have not been correctly

followed.

The EP requirements are a framework for how the licensee will meet the applicable standards

and requirements of the regulations. If a licensee has determined that an EP requirement

should be increased in order to meet the planning standards or Appendix E to Part 50

requirements, these changes must follow the emergency plan change process and revise the

emergency plan to reflect this increase to the EP requirement. Nevertheless, whether or not an

emergency plan change results in a RIE is not determined by assessing whether NRC regulatory

requirements continue to be met after the EP requirement has been changed. The licensees

emergency plan may include EP requirements that exceed the baseline standards and

requirements as set forth in § 50.47(b) and Appendix E to Part 50. For the RIE determination,

the change or changes should be evaluated against the capability to perform the functions and

the associated time requirement of performing the function, if applicable. The evaluation should

document whether the capability or timeliness to perform a function is lost and/or degraded. In

addition to the RIE determination, the change or changes should also be evaluated to verify that

they continue to meet the standards and requirements as set forth in § 50.47(b) and Appendix E

to Part 50.

The current Commission requirements for document retention in § 50.54(q), specify that

changes that do not warrant NRC approval must be retained for 3 years. The licensee must

retain changes that reduce the effectiveness of the emergency plan until the Commission

terminates the license. It may be prudent to save emergency plan change documentation to

show the historical progression of changes, since the Commission, through its staff, may review

at any time, the emergency plan changes that have been made.

Related Topics Regarding Emergency Plan Changes

1.

Regulatory Process for Evaluating Licensee Requests for NRC Prior Approval of

Emergency Plan Changes Determined To Be a RIE in Accordance with 10 CFR

50.54(q)

Similar to security plan changes submitted via 10 CFR 50.54(p)(1), emergency plan changes

that result in the reduction in the effectiveness of the approved emergency plan require prior

NRC approval, under § 50.54(q), and should to be submitted as license amendment requests

under § 50.90.

2.

Emergency Action Level Changes

RIS 2005-02, Revision 1

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A revision to an entire EAL scheme, from NUREG-0654, Criteria for Preparation and Evaluation

of Radiological Emergency Response Plans and Preparedness in Support of Nuclear Power

Plants, to another NRC-endorsed EAL scheme, must be submitted for prior NRC approval as

specified in Section IV.B. of Appendix E to 10 CFR Part 50. The Statement of Considerations

for the final rule amending the NRCs regulations relating to NRC approval of EAL changes,

dated January 26, 2005, stated in part, The Commission believes a licensee's proposal to

convert from one EAL scheme (e.g., NUREG-0654-based) to another EAL Scheme

(NUMARC/NESP-007 or NEI 99-01 based) ... is of sufficient significance to require prior NRC

review and approval. NRC review and approval for such major changes in EAL methodology is

necessary to ensure that there is reasonable assurance that the final EAL change will provide an

acceptable level of safety. Regulatory Guide 1.101, Revisions 3 and 4, Emergency Planning

and Preparedness for Nuclear Power Reactor, endorsed NUMARC/NESP-007 and NEI 99-01

EAL guidance, respectively, as acceptable alternatives to the guidance provided in NUREG-

0654 for development of EALs to comply with § 50.47 and Appendix E to Part 50. A change in

an EAL scheme to incorporate the improvements provided in NUMARC/NESP-007 or NEI 99-01

would not decrease the overall effectiveness of the emergency plan and would not expand a

licensees operating authority beyond that previously authorized by NRC, but due to the potential

safety significance of the change, the change needs prior NRC review and approval. This

approval is given via SE and letter.

Revisions of an individual EAL that results in a decrease in effectiveness must be submitted for

NRC approval as specified in § 50.54(q), and the license amendment process is the correct

process for the staff to use in reviewing the proposed change. As discussed previously, an

emergency plan change that would reduce the effectiveness of the plan would expand the

licensees operating authority under its license. A change expanding the licensees authority is,

according to the courts, a license amendment and must be accomplished through a license

amendment process. For research and test reactors, NUREG-0849, AStandard Review Plan for

the Review and Evaluation of Emergency Plans for Research and Test Reactors,@ issued

October 1983, provides guidance on EALs and how changes should be made on a case-by-

case basis with consideration of the provisions of § 50.54(q).

3.

Inspection Activities

For power reactors, the NRC inspectors use Inspection Procedure (IP) 71114.04 to conduct a

review of the effectiveness of the licensee=s implementation of the 10 CFR 50.54(q) change

process. For research and test reactors, the NRC inspectors use IP 69011, AClass I Research

and Test Reactor Emergency Preparedness,@ and IP 69001, AClass II Research and Test

Reactors. The inspector will perform a screening review of the change relative to the

emergency plan; however, this will not constitute NRC approval of the plan as changed.

The documentation of the change reviewed by the inspectors will be the report provided by the

licensee as stated in § 50.54(q). Although not required, the inclusion of the applicable licensee

evaluation and justification for the change as part of this report would assist the staff in the

review.

4.

Lower Tier Documents

If a licensee has incorporated a lower tier document into the emergency plan or the emergency

plan explicitly references a lower tier document as a method to implement a specific requirement

in the emergency plan, then, it is considered part of the plan and subject to §50.54(q) review.

Historically, some licensees have developed emergency plan implementing procedures that

RIS 2005-02, Revision 1

Page 10 of 11

included the necessary information needed for activities that are required to meet the

regulations, for example, procedures for notifications, dose assessment, protective action

recommendations, emergency classifications and emergency action levels. The staff is not

making the use of § 50.54(q) to review all changes to lower tier documents a requirement, but

acknowledges that using § 50.54(q) as the regulation to provide revision control of these lower

tier documents has been in place and supported by the NRC through the inspection and

licensing process.

BACKFIT DISCUSSION

This RIS revision does not require any action or written response. This RIS revision provides

non-regulatory review guidance for licensees and clarifies existing regulatory requirements

licensees must follow when proposing changes to their emergency plans. The NRCs Backfit

Rule, 10 CFR 50.109, applies to, among other things, the procedures necessary to operate a

nuclear power plant. To the extent that using a license amendment process for making

modifications to emergency plans that reduce the effectiveness of the plans is considered a

change, it would be a change to the NRCs regulatory process for addressing modifications to

the emergency plan. The NRCs regulatory review process is not a licensee procedure required

for operating a plant that would be subject to backfit limitations.

Further, the Backfit Rule protects licensees from Commission actions that arbitrarily change

license terms and conditions. In 10 CFR 50.54(q), a licensee requests Commission authority to

do what is not currently permitted under its license. The licensee has no valid expectations

protected by the Backfit Rule regarding the means for obtaining the new authority that is not

permitted under the current license. For these reasons, this RIS revision does not constitute a

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

FEDERAL REGISTER NOTIFICATION

A notice of opportunity for public comment on this RIS revision was published in the Federal

Register on XXXX XX, 2009. There were xx comments from stakeholders, which were

considered before issuance of this RIS revision.

PAPERWORK REDUCTION ACT STATEMENT

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

requirements of the Paperwork Reduction Act of1995 (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 Office of Management and Budget control number.

RIS 2005-02, Revision 1

Page 11 of 11

CONTACT

Please direct any questions about this matter to the technical contact listed below or to the

appropriate Office of Nuclear Reactor Regulation (NRR) project manager.

Timothy J. McGinty, Director

Daniel H. Dorman, Director

Division of Policy and Rulemaking

Division of Fuel Cycle Safety and Safeguards

Office of Nuclear Reactor Regulation

Office of Nuclear Materials Safety and Safeguards

E. William Brach, Director

Division of Spent Fuel Storage and Transportation

Office of Nuclear Materials Safety and Safeguards

Enclosures:

1. 10 CFR 50.54(q) Evaluation Procedure (typical)

2. Guidance for Content of Emergency Plan Submittals to the NRC Requiring

Prior NRC Approval

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

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

Technical Contact:

Don A. Johnson, NSIR/DPR/ONRLB

(301) 415-4040

Email: don.johnson@nrc.gov

s: Package: ML092260002 RIS- ML080710029 Non-Concurrence- ML092250622

  • see previous concurrence

OFFICE

NSIR/DPR

TECH ED

TL:NSIR:DPR

BC:NSIR:DPR

DD:NSIR:DPR

NAME

  • DJohnson
  • E-mail
  • DJ for MNorris
  • KWilliams
  • CMiller

Date

08/24/2008

04/07/2008

08/24/2008

12/02/2008

04/07/2009

OFFICE

D:NSIR:DPR

NRR/DIRS/IRIB (BC)

NRR/DORL

NRR/DORL

NSIR/PMDA

NAME

  • CM for MLeach

JIsom for TKobertz

REnnis

Non-Concur

  • JGitter
  • VHuth

DATE

08/24/2008

REMOVE

04/24/2009

05/22/2009

04/14/2009

OFFICE

NRO/DNRL

NMSS (D)

FSME/WMEP

OIS (D)

OE (D)

NAME

  • PMadden
  • NMamish E-mail for

CHaney

  • KMcConnell for

LCamper

  • TBoyce
  • GGulla for CCarpenter

DATE

03/25/2009

07/17/2009

06/02/2009

05/28/2009

06/05/2009

OFFICE

OGC/CRA

OGC/NLO

NRR/DPR/LA

NRR/DPR/PGCB

NRR/DPR/PGCB/BC

NRR/DPR

NAME

  • SCroston
  • BJones

CHawes

  • SStuchell

MMurphy

T.McGinty

DATE

07/23/2009

07/29/2009

07/30/09

07/30/2009

Enclosure 1

RIS 2005-02 Revision 1

Page 1 of 6

Enclosure 1: 10 CFR 50.54(q) Evaluation Procedure (typical)

1.0

Purpose

1.1.

This document is a compilation of best practices developed by licensees to implement an

effective emergency plan change management program. It is not intended to direct

licensees to develop their program as stated in this regulatory issue summary (RIS)

revision, nor to direct the U.S. Nuclear Regulatory Commission (NRC) inspectors on what

the regulatory requirements are for an emergency plan change management program. It is

intended to provide an example of a quality program for licensees to consider for their own

use.

1.1.1.

Note that many aspects of this procedure are not based upon explicit regulatory

requirements, but are rather based upon sound conservative decision making by licensees

to ensure a quality emergency plan change management program.

1.2.

This document provides instructions for performing an effectiveness review of proposed

changes that may affect the Emergency Preparedness (EP) Program.

1.2.1.

Changes to the emergency plan require a 10 CFR 50.54(q) evaluation to identify if those

changes decrease (reduce) the effectiveness (RIE) of the emergency plan.

1.2.2.

NRC Information Notice (IN) 2005-19, Effect of Plant Configuration Changes on the

Emergency Plan, dated July 18, 2005, was issued to inform licensees of inspection

findings related to licensees failure to properly evaluate the effect of plant configuration

changes (procedures, equipment and facilities) on the emergency plan. Changes to

emergency procedures, or modifications to equipment or facilities used to implement the

emergency plan, should be reviewed with a 10 CFR 50.54(q) screening process, and

possible evaluation, to ensure those changes do not directly or indirectly reduce the

effectiveness of the emergency plan. Some examples include, but are not limited to, the

following: emergency plan implementing procedures (EPIPs); emergency action level

(EAL) technical bases document (for sites that do not have NUREG-0654 EALs); site

staffing procedures; emergency response facility ventilation, power, and/or spacing

requirements; and modifications to equipment required to determine an EAL threshold.

1.2.3.

If a licensee has incorporated a lower tier document into the emergency plan or the

emergency plan explicitly references a lower tier document as a method to implement a

specific requirement in the emergency plan, then it is considered part of the plan and

subject to §50.54(q) review. Historically, some licensees have developed EPIPs that

included the necessary information needed for activities that are required to meet the

regulations, for example, procedures for notifications, dose assessment, protective action

recommendations, emergency classifications and emergency action levels. The staff is not

making the use of § 50.54(q) to review all changes to lower tier documents a requirement,

but acknowledges that using § 50.54(q) as the regulation to provide revision control of

these lower tier documents has been in place and supported by the NRC through the

inspection and licensing process.

2.0

Definitions & applicability of terms: {Implementation of the 10 CFR 50.54(q) process is

dependent upon the use of key terms. The following definitions have been identified as key

Enclosure 1

RIS 2005-02 Revision 1

Page 2 of 6

terms necessary to complete a 10 CFR 50.54(q) evaluation that meets the intent of 10 CFR

50.54(q)}

2.1.

Activity: A series of events or actions that may result in a change to the emergency plan or

affect the implementation of the emergency plan.

An activity sets in motion the need to determine impact on certain licensing bases

documents using regulatory review criteria such as 10 CFR 50.54(q).

Activities may range from something as simple as making an editorial change or an

organizational change, to making complicated facility modifications.

For the purposes of 10 CFR 50.54(q), activities may also originate outside of the

licensees responsibility such as permanent road closings or substantive population

increases.

2.2.

Change: An action that results in modification or addition to, or removal from, the

licensees emergency plan, or the resources, capabilities and methods identified in the

plan, and affects an emergency planning requirement.

2.3.

Emergency Plan: The document(s) prepared and maintained by the licensee that identify

and describe the licensees methods for maintaining and performing emergency planning

functions. An emergency plan includes the plans as originally approved by the NRC and all

subsequent changes made by the licensee with, and without, prior NRC review and

approval under 10 CFR 50.54(q).

2.3.1.

The licensee=s emergency plan consists of:

The emergency plan as approved by the NRC via a Safety Evaluation Report (SER),

Safety Evaluation (SE), or license amendment (LA) from the Office of Nuclear Reactor

Regulation (NRR) or the Office of Federal and State Materials and Environmental

Management Programs (FSME);

Changes to the emergency plan explicitly reviewed by the NRC through an SE, or LA,

from NRR and found to meet 10 CFR 50.47(b) and the requirements of Appendix E to

10 CFR Part 50;

Changes to the emergency plan explicitly reviewed by the NRC through an SE, or LA,

and found to be an approved amendment to the licensee=s emergency plan, and

Changes made by the licensee without NRC review and approval after the licensee

concluded the change(s) does not constitute a decrease (reduction) in effectiveness.

2.4.

Emergency Planning Function (Requirement): A capability or resource necessary to

prepare for and respond to a radiological emergency as set forth in the elements of Section

IV of Appendix E to 10 CFR Part 50 and, for nuclear power reactors, the planning

standards of 10 CFR 50.47(b).

2.4.1.

Note that other licensee changes, other than to the emergency plan, could adversely

impact an emergency planning function. The licensee is responsible for evaluating these

changes and for maintaining the ability to implement the approved emergency plan.

Enclosure 1

RIS 2005-02 Revision 1

Page 3 of 6

2.5.

Decrease (Reduction) in Effectiveness (RIE): A change in an emergency plan that results

in reducing the licensees capability to perform an emergency planning function in the event

of a radiological emergency.

2.5.1.

Note that other licensee activities could affect the ability to implement the emergency plan

effectively. Licensees must maintain the effectiveness of their NRC approved emergency

plans, up to and including, ensuring that changes made to other programs, structures,

systems or components do not adversely impact the licensees ability to effectively

implement their emergency plan. Reference IN 2005-19 for additional information.

2.5.1.1.

An RIE will occur if there is a change or reduction in an emergency planning function

without a commensurate reduction or change in the bases for that emergency planning

function or without measures put in place to reduce the impact of the proposed change to

the emergency plan. The overall impact the proposed changes have on the effectiveness

of the emergency plan or its implementation is to be determined, not just the effect

individual changes have on a specific part of the emergency plan.

2.5.1.2.

For example, if a licensee proposes to remove an emergency response organization

position (function) that the approved emergency plan expects to respond in 30-minutes,

and no other measures are put in place to reduce the impact of the proposed change to the

emergency plan, the change may be considered an RIE.

2.5.1.3.

For proposed changes to individual EALs (i.e., not an EAL scheme change), an RIE will

occur if the proposed change to the EAL that would potentially cause an

underclassification, e.g., what was considered an Alert in the approved emergency plan

would now be considered an Unusual Event or not classified at all; an overclassification,

e.g., what was considered a Site Area Emergency in the approved emergency plan would

now be considered a General Emergency and may have potential consequences to public

health and safety; or, if the proposed change to the EAL is to change an setpoint (or

threshold) without a commensurate change in the regulatory basis for the EAL setpoint (or

threshold).

2.6.

Editorial Change: Editorial changes do not require a 10 CFR 50.54(q) review. The

following are examples of Editorial Changes:

Procedure title change

Reference or annotation change

Correction of location description

Correction of typographical errors and punctuation

Reformatting changes that do not change intent, purpose, or order of procedural steps

Changes on plant drawing grid coordinates

Change to position titles when no responsibilities for that position have changed

Correction in page or step numbering.

Enclosure 1

RIS 2005-02 Revision 1

Page 4 of 6

3.0

Regulatory Guidance

3.1.

EP standards are provided in 10 CFR 50.47(b) and requirements are provided in

Appendix E to 10 CFR Part 50. Clarifications and expectations are provided in the various

guidance documents, particularly the following:

3.1.1.

NUREG-0654, Criteria for Preparation and Evaluation of Radiological Emergency

Response Plans and Preparedness in Support of Nuclear Power Plants,

3.1.2.

NUREG-0696, Functional Criteria for Emergency Response Facilities,

3.1.3.

NUREG-0737, Clarification of TMI Action Plan Requirements, and

3.1.4.

Regulatory Guide 1.101, Emergency Planning and Preparedness for Nuclear Power

Reactors.

3.2.

A licensees emergency plan must meet the standards and requirements. The regulatory

guidance details the methods by which the staff verifies compliance and provides methods

that have been determined to be acceptable in the development and maintenance of an

effective EP program. The emergency plan therefore, becomes a culmination of various

requirements that the NRC will evaluate and determine whether the licensee has the

capability to provide reasonable assurance that adequate protective measures can and will

be taken in the event of a radiological emergency.

3.3.

Changes to the emergency plan must be evaluated to ensure that an emergency planning

function has not been modified, or if the function has been changed, that the basis for the

change is justifiable. Licensees need to determine if the proposed changes cause an RIE.

4.0

Qualifications

4.1.

Preparers, reviewers, and approvers of 10 CFR 50.54(q) evaluations should be qualified to

do so in order to ensure a consistent and effective program.

4.1.1.

A § 50.54(q) screening should be performed by personnel knowledgeable of the proposed

change and its potential impact on the EP Program. However, the EP Program Manager

should be consulted whenever questions as to applicability arise.

5.0

10 CFR 50.54(q) screening

5.1.

A 10 CFR 50.54(q) review should also be performed for proposed revisions to other plant

procedures or other non-EP documents that implement aspects of the sites EP program to

ensure that changes are not made to non-EP procedures that adversely impact the EP

program.

5.1.1.

The following screening criteria should be used to screen for 10 CFR 50.54(q) applicability:

Enclosure 1

RIS 2005-02 Revision 1

Page 5 of 6

Is this a change to shift staffing levels?

YES

NO

Is this a reduction in department staffing

levels that impacts the emergency plans

24-hour staffing requirements?

YES

NO

Is this a change to systems, equipment,

setpoints, procedures, etc., that are used to

determine EAL Initiating Conditions?

YES

NO

Is this a change to site Operations, Fire

Brigade, and/or Security response protocols

(i.e., security events, medical response,

10 CFR 50.54(x) protocol, etc.)?

YES

NO

Is this a change to Emergency Response

Facilities or equipment?

YES

NO

Is this a change to non-EP procedures that

has the potential to affect the EP program?

YES

NO

If any are checked YES, a 10 CFR 50.54(q) review of the proposed change(s) is

needed.

6.0

10 CFR 50.54(q) review

6.1.

A 10 CFR 50.54(q) review shall be performed for all proposed revisions to emergency

plans and EALs that reduce the effectiveness of the emergency plans (except for EAL

scheme changes). Although not required, a § 50.54(q) review should be conducted for

applicable lower tier documents in accordance with Attachment 2, 10 CFR 50.54(q)

Review.

6.1.1.

Some changes to EP procedures/processes may potentially affect other departments

programs and may thus require a 10 CFR 50.59 Applicability Review, or other review based

upon the proposed activity.

6.1.1.1.

The following regulatory requirements must be addressed, when applicable, to the program

being affected:

QA Program:

10 CFR 50.54(a)

ISI/IST Program:

10 CFR 50.55(a)

Appendix J:

10 CFR 50.54(o)

Security Program:

10 CFR 50.54(p)

Maintenance Rule:

10 CFR 50.65

Fire Plan:

Site Fire Plan

Enclosure 1

RIS 2005-02 Revision 1

Page 6 of 6

ISFSI

10 CFR 72.48

Changes, Tests, or Experiments: 10 CFR 50.59

6.2.

Perform the 10 CFR 50.54(q) review in accordance with the instructions contained in

Attachment 2, 10 CFR 50.54(q) Review.

7.0

References

10 CFR 50.54(q)

10 CFR 50.47(b)

10 CFR App. E. IV

10 CFR App. E. V

10 CFR App. E VI

10 CFR 50.4

NRC Significance Determination Process, Appendix B

FEMA-REP-10

8.0

Attachments

Attachment 1: 10 CFR 50.54(q) Review Flowchart

Attachment 2: 10 CFR 50.54(q) Review

Attachment 1

RIS 2005-02 Revision 1

Page 1 of 1

ATTACHMENT 1: 10 CFR 50.54(q) FLOWCHART

Proposed plan or

EAL change(s).

(Not an EAL scheme

upgrade).

Perform 10 CFR 50.54(q) screening.

Require

10 CFR 50.54(q)

review?

Perform a

10 CFR 50.54(q)

review of the

proposed changes.

Do the proposed

changes result in an

RIE?

Submit to the NRC for prior

approval in accordance with

10 CFR 50.54(q),

10 CFR 50.90 or

Appendix E to 10 CFR Part 50

for EAL scheme changes

Entire EAL scheme

upgrade

Yes

Implement the

change(s).

Submit report to the

NRC within 30-days

of the change in

accordance with

10 CFR 50.54(q).

No

No

Yes

Attachment 2

RIS 2005-02 Revision 1

Page 1 of 8

ATTACHMENT 2: 10 CFR 50.54(q) REVIEW

1.0

On the 10 CFR 50.54(q) Form:

NOTE

This form should be complete and detailed enough to allow

an NRC Inspector or other reviewer to evaluate its merits

without referring to other documents or references.

1.1.

Briefly document a description of the change

1.2.

Check if this is change is due to a procedure change, modification or other.

1.3.

Check if this change is purely editorial in nature (see definition).

1.3.1.

If yes, document the Background and Scope of the change (Background & Scope: A

description of the reason for and scope of the change).

1.3.1.1.

Then the document may be revised, approved, and implemented.

1.3.1.2.

Submit to the NRC, as specified in 10 CFR 50.4, within 30 days of the effective date of

change.

2.0

Determine if the proposed change impacts the items that describe the Planning

Standards of 10 CFR 50.47(b) and requirements of Appendix E to 10 CFR Part 50.

2.1.

If any questions are checked YES, then a 10 CFR 50.54(q) review is required.

2.1.1.

Evaluate each change against the specific elements of 10 CFR 50.47(b), Appendix E to

10 CFR Part 50, the emergency plan and other applicable regulations and requirements.

2.1.2.

Determine if the proposed changes maintain or improve the capability to:

To respond to an emergency, or meet actions or other requirements described in

the Emergency Plan, Implementing Procedures, or EALs.

To protect the health and safety of plant personnel and the general public in the

event of an emergency.

To implement Federal regulations or requirements.

2.1.3.

Determine if the change reduces the effectiveness of the plan by the following:

If the change still implements the planning standard utilizing a different method,

then document the new method and state why the change does, or does not;

reduce the effectiveness of the plan.

If a setpoint was changed, then state why the change is, or is not, a reduction in

Attachment 2

RIS 2005-02 Revision 1

Page 2 of 8

the effectiveness of the plan.

If an instrument/tool type was substituted and the instrument still performs the

same function, then state why the change does, or does not; alter the

effectiveness of the plan.

NOTE

A reduction in effectiveness in the emergency plan/EAL

is determined to have occurred if there has been a

change to an EP requirement without a commensurate

change in the bases for that EP requirement.

2.1.4

Document the review in the outline format below:

2.1.4.1

Background and Scope: A description of the reason for and scope of the change.

2.1.4.2

Program Requirements: A description of the regulation standard or requirement for which

the EP program must demonstrate compliance.

NOTE

For changes that are large in scope, in which a one-to-

one comparison is not practical, a detailed discussion of

the change that compares the current content with the

proposed content may be developed.

2.1.4.3

Change Comparison: A comparison showing both old and new wording, including step or

section number references as applicable. Changes that incorporate new information are

marked as Added to Document. Changes that involve the deletion of information are

marked as Removed from Document.

NOTE

Ensure that the comparison also accounts for wording

from the APPROVED EMERGENCY PLAN/EALs to

ensure that a gradual relaxation in program standards or

requirements has not occurred.

2.1.4.4

Change Assessment: A discussion of how the change degrades, does not affect, or

enhances the effectiveness and abilities of the EP Program as it relates to the program

requirements.

2.1.4.5

Justification: A formal justification that describes the basis and reasons the change is

appropriate and necessary for any degradation (otherwise, not required). Sufficient level

of detail must be provided to support the basis for complex and significant changes and

conclusion regarding effectiveness.

2.1.4.6

References: A list of references such as regulations, guidance documents, information

notices, inspection reports or other sources which contain criteria incorporated by the

Attachment 2

RIS 2005-02 Revision 1

Page 3 of 8

emergency plan related to the change.

2.2.

If the proposed change is to the fleet/station emergency plan, EALs, EAL bases

document (if applicable), or a lower tier document, but does not reduce their

effectiveness, then,

2.2.1.

Submit to the NRC, as specified in 10 CFR 50.54(q) and Appendix E to 10 CFR Part 50, a

report of the change within 30 days of the effective date of change.

2.2.1.1.

Although not required, it would be beneficial to the staff for the report to include the 10

CFR 50.54(q) evaluation and justification for the applicable change(s).

2.3.

If the proposed change is to the emergency plan, EALs, EAL bases document (if

applicable), or a lower tier document that is incorporated into the emergency plan or is

explicitly referenced as a method to implement a specific requirement in the emergency

plan, and does, by definition, reduce the effectiveness of the emergency plan or EAL,

then:

2.3.1.

If the proposed change is to the emergency plan or a lower tiered document (if

applicable), submit the revised document and the 10 CFR 50.54(q) review to the NRC for

approval prior to implementation in accordance with 10 CFR 50.90.

2.3.2.

If the proposed change is to the EALs (not a scheme change) and/or EAL bases

document (if applicable), submit the revised document and the 10 CFR 50.54(q) review to

the NRC for approval prior to implementation in accordance with 10 CFR 50.90.

2.3.2.1.

If the proposed change is approved by the NRC, then the document may be revised,

approved, and implemented.

2.4.

If all questions are checked NO, then further review is not required.

2.4.1.

Document the Background and Scope of the change (Background & Scope: A

description of the reason for and scope of the change).

2.4.2.

Then the document may be revised, approved, and implemented.

2.4.2.1.

Submit to the NRC, as specified in 10 CFR 50.4, within 30 days of the effective date of

change.

Attachment 2

RIS 2005-02 Revision 1

Page 4 of 8

10 CFR 50.54(q) REVIEW FORM

Description of Change:

_________________________________________________________

_________________________________________________________

_________________________________________________________

Plan Sections/Procedure(s) #: __________________

Revision(s) #:

____________

Mod #:

_______________________________________________________________

Other:

_______________________________________________________________

Is the proposed change purely editorial in nature (see definition)? [If YES, discontinue review

process and process the procedure change.]

YES

NO

Does the proposed change affect any of the following: [Check yes or no. Reference the actual

standards/requirements.]

50.47

PARAPHRASED STANDARD

YES

NO

(b)(1)

Primary responsibilities of the {applicable site and offsite response}

organizations.

Responsibilities of supporting organizations.

Initial staffing or augmentation

(b)(2)

On-shift responsibilities for emergency response.

Staffing for initial accident response

Timely augmentation

Interfaces among onsite and offsite response activities.

(b)(3)

Arrangements for requesting and using assistance resources.

Accommodations at the EOF for {applicable site and offsite response}

staff.

Other organizations capable of augmenting response are identified.

Attachment 2

RIS 2005-02 Revision 1

Page 5 of 8

50.47

PARAPHRASED STANDARD

YES

NO

(b)(4)

RSPS

Emergency classification and action level scheme.

State/county minimum response based on site information.

EAL Initiating Condition setpoints or thresholds.

(b)(5)

RSPS

Process for notification of state/county response organizations.

Notification of emergency personnel.

Procedure for initial and follow-up messages.

ANS notification within the 10-mile EPZ

(b)(6)

Provisions for prompt communication among principal response

organizations to emergency response personnel and to the public.

(b)(7)

Public information distributed on a periodic basis.

News media points of contact established.

Procedures for coordinated dissemination of info to the public.

(b)(8)

Emergency response facilities, equipment, and maintenance.

(b)(9)

RSPS

Methods, systems, or equipment for assessing and monitoring actual or

potential offsite consequences.

(b)(10)

RSPS

Range of protective actions for the Plume EPZ established (offsite).

Guidelines for choice of PARs in place.

Protective actions for Ingestion Pathway EPZ established.

(b)(10)

Range of protective actions for the Plume EPZ established (onsite).

(b)(11)

Controlling radiological exposure for emergency workers.

(b)(12)

Arrangements for medical service for contaminated injured individuals.

(b)(13)

General plans for recovery and reentry.

(b)(14)

Exercise or drill conduct and corrective action system.

(b)(15)

Radiological emergency response training.

Attachment 2

RIS 2005-02 Revision 1

Page 6 of 8

50.47

PARAPHRASED STANDARD

YES

NO

(b)(16)

Responsibilities for plan development, review, and distribution of

emergency procedures established.

EP Staff is properly trained.

EP

Implementation of other federal regulations and requirements related to

the Emergency Preparedness Program.

ERDS

The operation, maintenance, or testing requirements of the ERDS.

App. E

PARAPHRASED REQUIREMENT

YES

NO

IV. A

Organization

IV. B

Assessment actions

IV. C

Activation of emergency response

IV. D

Notification procedures

IV E

Emergency facilities and equipment

IV. F

Training

IV. G

Maintaining emergency preparedness

IV. H

Recovery

Attachment 2

RIS 2005-02 Revision 1

Page 7 of 8

REDUCED

EFFECTIVENESS.

STANDARDS

AND/OR

ELEMENTS

EFFECTED

DESCRIPTION OF EFFECT

YES

NO

Background and Scope:

Program Requirements:

Change Comparison:

Change Assessment:

Justification:

YES

NO

This procedure change requires prior NRC approval.

Document all references used for this review:

Attachment 2

RIS 2005-02 Revision 1

Page 8 of 8

Prepared By:

Date:

Qualified Preparer

Reviewed By:

Date:

Qualified Reviewer

Approved By:

Date:

Manager - EP

Enclosure 2

RIS 2005-02 Revision 1

Page 1 of 1

Enclosure 2: GUIDANCE FOR CONTENT OF EMERGENCY PLAN SUBMITTALS TO REQUIRING

PRIOR NRC APPROVAL

Note: The intent of this enclosure is to provide guidance to licensees in the development of their

application for NRC prior approval of proposed emergency plan changes

APPLICATION CONTENT

YES

NO

N/A

COVER LETTER

Specifically state what change(s) are requested for NRC

review and approval.

State why the change(s) are being requested.

Identify which regulation or NRC guidance document under

which the application is being submitted.

Provide the names of the licensing and technical contacts.

Request a specific date for NRC approval. If less than one

year, provide an acceptable reason.

Reference all attachments.

SUBMITTAL

BODY

State each proposed change and discuss the justification

for the change and any measures that will be

implemented.

State the basis for the proposed change and why it is

considered a reduction in effectiveness in sufficient detail

to support a technical review.

Define any terms that are unique to the site, related to

new technology, etc.

Provide a table showing the current approved wording, the

proposed wording, and the basis for the change(s).

Provide an acceptable level of detail to support a technical

review of the proposed change(s).

Discuss the use of any precedents and a justification for why

these stated precedents are applicable to this submittal.

For an EAL scheme upgrade from NUREG-0654, follow the

guidance from RIS 2003-18, including its supplements.

Provide discussion on any drills, table-tops, or walkthroughs

that validate these proposed change(s), if applicable.