ML15077A477

Email - Response from Submit a Question About Emergency Preparedness (EPFAQ No. 2014-009)

ML15077A477
Person / Time
Issue date:	03/18/2015
From:	Office of Nuclear Security and Incident Response
To:	Hug M Nuclear Energy Institute
Edward Robinson
References
Download: ML15077A477 (2)

Text

From: EPFAQ Resource To: MTH@nei.org Cc: Anderson, Joseph; Johnson, Don; Aragon, Oscar; Kahler, Carolyn; Norris, Michael

Subject:

Response from "Submit a Question about Emergency Preparedness" (EPFAQ No. 2014-009)

Date: Wednesday, March 18, 2015 11:47:00 AM

Dear Mr. Hug:

Thank you for your recent submission of EPFAQ No. 2014-009 regarding clarifying the applicability of Initiating Condition PD-HA1 in the EAL decommissioning scheme, specifically in relation to definition of a hostile action. NSIR/DPR has performed a review of the proposed EPFAQ No. 2014-009 and as a result this EPFAQ has been rejected due to the upcoming issuance of NSIR/DPR-ISG-02, Interim Staff Guidance Emergency Planning Exemption Requests for Decommissioning Nuclear Power Plants. NSIR/DPR-ISG-02 will provide programmatic information related to decommissioning plants and will address this issue.

Regards, Eddie Original Message:

From: MTH@nei.org [1]

Sent: Sunday, May 18, 2014 1:13 PM To: EPFAQ Resource

Subject:

Response from "Submit a Question about Emergency Preparedness" Below is the result of your feedback form. It was submitted by (MTH@nei.org) on Sunday, May 18, 2014 at 13:13:11 through the IP 63.141.200.55 using the form at http://www.nrc.gov/about-nrc/emerg-preparedness/faq/faq-contactus.html and resulted in this email to epfaq.resource@nrc.gov relevant-guidance:

2 revision-number:

applicable-sections:

comments:

Question:

NEI 99-01, Development of Emergency Action Levels for Non-Passive Reactors, Revision 6 presents generic Initiating Conditions (ICs) and EALs in Appendix C, Permanently Defueled Station ICs/EALs. The NRC has concluded in previous exemption requests for facilities submitting certifications confirming cessation of operation and removal of fuel from the reactor vessel (Ref 10 C.F.R. 50.82) that they are not facilities that fall within the definition of hostile action. Therefore, should facilities submitting certifications confirming cessation of operation and removal of fuel from the reactor vessel include the PD-HA1 EAL in the

EAL scheme for an ISFSI only emergency plan and an emergency plan used during the period of time transitioning to an ISFSI?

Background:

The Emergency Preparedness Final Rule, which was published in the Federal Register (76 FR 72560; November 23, 2011), amended certain requirements in 10 CFR Part 50. Among the changes, the definition of hostile action was defined as an act directed toward a nuclear power plant or its personnel that includes the use of violent force to destroy equipment, take hostages, and/or intimidate the licensee to achieve an end. This includes attack by air, land, or water using guns, explosives, projectiles, vehicles, or other devices used to deliver destructive force.

This definition was based on the definition of "hostile action" provided in NRC Bulletin 2005-

02. That particular bulletin was not applicable to nuclear power reactors that have permanently ceased operations and have certified that fuel has been removed from the reactor vessel. Per NSIR/DRP-ISG-01, Emergency Planning for Nuclear Power Plants: The final rule requires nuclear power reactor licensees to ensure that adequate resources are identified to respond to the site during hostile action. Because hostile action is defined as an act directed toward a nuclear power plant or its personnel, the NRC has excluded non-power reactors from the definition of hostile action at this time until a regulatory basis is developed to support inclusion of non-power reactors in that definition. However, non-power reactor licensees are still required to identify ORO resources that would respond to the facility in an emergency and the assistance licensees expect from them.

proposed-solution:

A nuclear power reactor that has permanently ceased operations and has certified that fuel has been removed from the reactor vessel is not a facility that falls within the definition of hostile action and therefore need not include PD-HA1 in the decommissioned EAL scheme.

originator: Martin Hug organization: Nuclear Energy Institute (NEI) phone: 202.739.8129