ML19249F079
| ML19249F079 | |
| Person / Time | |
|---|---|
| Issue date: | 09/07/1979 |
| From: | NRC OFFICE OF STANDARDS DEVELOPMENT |
| To: | |
| Shared Package | |
| ML19249F078 | List: |
| References | |
| FRN-44FR41483, RULE-PR-50 NUDOCS 7910100047 | |
| Download: ML19249F079 (9) | |
Text
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p UNITED STATES gV NUCLEAR REGULATORY COMMISSION WASHINGTON D.C.20555 g, v 4 /
.719U HEMORANDUM FOR: Joseph M. Felton, Director, Division of Rules and Records, ADM FROM:
Patricia A. Comeiia, Chief, Site Designation Standards Branch, SD
SUBJECT:
IMPLEMENTATION OF COMMISSION ACTION ON SECY 79-367
" PROPOSED AMENDMENTS T010 CFR PARTS 50 AND 70 ON EMERGENCY PLANS On August 9,1979, we were informed that the Comission approved, subject to certain modifications, the publication of the notice of proposed rule making in the Federal Register for a 60 day comment.
period.
The Commission requested modifications have been made to the Federal Register notice; therefore, I request that you implement the Com-mission's action by having the enclosed notice of proposed rule making published in the Federal Register.
I also request that you take appropriate actions that will assure that the attached copies of the Value/ Impact analysis are forwarded to the PDR after the notice is published in the Federal Register.
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Patricia A. Comella, CF ief Site Designation Standards Branch Office of Standards Development
Enclosures:
Notice of proposed rule making Value Impact Analysis C8 002 7910100 0 $ [
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NUCLEAR REGULATORY COMMISSION
[10 CFR Parts 30 and 70]
EMERGENCY PLANNING AGENCY:
U.S. Nuclear Regulatory Commission ACTION:
Proposed Rule
SUMMARY
The Nuclear Regulatory Comission is proposing to amend its regulations in order to require that all p.oducticn and utilization facility licensees shall, as a condition af their license, submit emer-gency plans for NRC review and approval and maintain the emerger.cy plans up to date.
The Commission is also pr posing to amend its regulations in order to require certain Special Nuclear Material Facility licensees (for processing and fuel fabrication, scrap recovery or conversion of uranium hexafluoride) to maintain the emergency plans up to date.
DATES:
Comments should be submitted on.or before ADDRESSES:
Interested persons are invited to submit written commants and suggestions on the proposed rule change and/or the supporting value/
impact analysis to the Secretary of the Commission, U.S. Nuclear Regu-latory C;mmission, Washington, D.C. 20555, Attention:
Docketing and Service Branch.
Single copies of the value/ impact analysis may be obtained on request from Michael T. Jamgochian, 301-443-5981.
Copies of the value/ impact analysis and of comments received by the Commission may rJ8 003 1
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be examined in the Commission's Public Document Room at 1717 H Street, N.W., Washington, D.C.
FOR FURTHER INFORMATION CONTACT.
Mr. Michael T. Jamgochian, Office of Stendards Develepment, U.S. Nuclear Regulatory Commission, Washington, D.C.
20555 (phone:
301-443-5981)
(UoPLEMENTARY INFORMATION:
The Nuclear Regulatory Commission is consid-ering the adoption of amendments to its regulation, " Licensing of Produc-tion and Utilization Facilities," 10 CFR Part 50, which would require each holder of a license tc submit for NRC review and approval the licens-eesemergencyplanswhjchmeettherequirementsofAppendixEto10CFR Part 50 and to require that these plans be maintained up to date.
In addition, the Nuclear Regulatory Commissior
- considering the adoption of an amendment to its regulation, "Special Nuclear Material,"
10 CFR Part 70, which would require certain licensees to maintain up-to-date emergency plans which contain the elements of Section IV of Appendix E of 10 CFR Part 50.
The Commission is also considering, in a much broader perspective, a number of rule changes relating to planning for emergencies.
To that end, an Advance Notice of Rulemaking was published in the Federal Register on July 17, 1979, 44 FR 41483 to request comments on a number of issues.
The issue addressed in this Notice of Proposed Rulemaking is merely one aspect of the broader general issues set forth in that Advance Notice.
Paragraph 50.34(a)(10) of 10 CFR Part 50 requires that an applicant provide in thc Preliminary Safety Analysis Report "a discussion of the applicant's preliminary plans for coping with emergencies." Appendix E C8 004 2
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sets forth items which shall be included in these plans.
Paragraph 50.34(b)(6)(v) of 10 CFR Part 50 requires that an applicant provide 'o the Final Safety Analysis Report " plans for coping with emergencies, which shall include the items specified in Appendix E."
These paragraphs in 10 CFR Part 50 became effective in January 1971; therefore, they were not applicable to production ard utilization facili-ties licensed prior to January 1971.
Discussion for Part 50:
The Commission's interest in emergency planning is focused primarily on situations that may cause or may threaten to cause radiological risks affecting the health and safety of workers or the public or that may result in damage to property.
The Commission and the public have recognized the increasing importance of emergency planning.
Emergency plans should be directed toward mitigating the con-sequences of emergencies and should provide reasoncble assurance that appropriate measures can and will be taken to protect health and safety and prevent damage to property in the event of an emergency.
Although it is not practicable to develop a completely detailed plan encompassing every conceivable type of emergency situation, advance planning can create a high order of preparedness, including provisions of necessary equipment, supplies, and services, and ensure an orderly and timely decisionmaking process at times of stress.
pecifically, in January 1971, Section 50.34 to 10 CFR Part 50 was modified to requirc submittal of the licensees emergency plans with Construction Permit and Operating License applications.
Appendix E to Part 50 specifies items to be included in the emeroency plans.
This revi-sion to our regulations has been implemented by the NRC staff for all power and test reactor licensees.
While Appendix E did not, strictly rJ8 005 3
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speaking, apply to facilities licensed prior to January 1971, the staff, nevertheless, requested the older power "M test reactor licensees to meet the terms of Appendix E.
All po s
- d test reactor licensees have emergency plans which conform to 10 CFR Part 50, Appendix E.
For research reactors, however, the NRC staff is presently requesiing that licensees comply with Appendix E when they apply for a renewal of their operating license While 5 50.90 would likely provide a regulatory basis for requir-ing compliance with Appendix E at the time of a license renewal, this proposed rule change would acce.lerate that process.
It is the staff's intention to use Regulatory Guide 2.6 (" Emergency Planning for Research Reactors") to aid licensees in complying with the proposed rule change.
After careful consideration of the above, the Commission believes that a rule change should be promulgated which would specifically require research reactor facility licensees with an authorized power level greater than 500 kW thermal, to submit within one year from the effective date of this rule, emergency plans for NRC review and approval.
For all other research reactors, emergency plans shall be submitted within two years from the effective date of this rule.
All other production and. utilization facility licensees will be legally required to submit emergency plans for NRC review and approval within 120 days from the effective date of this amendment, if they have not done so previously.
Likewise, proper execution of the responsibilities of the licensee requires accurate up-to-date inforrr.ation c a basis for action.
Emer-gency plans are required as a condition of an application (S 50.34 and S 70.22(i)) and are submitted as part of the FSAR or final license appli-cation to address the elements existing in 10 CFR Part 50, Appendix E.
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Some of the items addressed in the emergency plans are:
(1) means for determining tr. magnitude of a release of radioactive materinl; (2) cri-teria for determining the need for notification and participation of local and State agencies; (3) criteria for determining when protective measures should be considered within and outside the site boundary; (4) onsite decontamination facilities and supplies; and (5) arrangements for services of qualified medical personnel to handle r.diation emergencies.
In approving the emergency plans, the Commission must find that the licensees plans conform to the requiremeats of 10 CFR Part 50, Appendix E, and that the emergency plans provide reasonable assurance that appropriate measures can and will be taken in the eveut of an emergency to protect public health and safety and prevent damage to property.
Once this find-ing is made, the requirements for maintaining the emergency plans up to date is limited.
As the plant gets older, the licensee may make unilat-eral changes to the emergency plans, such as changing the decontamina-
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tion facility into a' storeroom or changing the criteria for determining the need for modification and participation of local and State agencies, without approval or even notification of NRC.
However, Appendix E does provide for the maintenance and inspection of the implementing procedures of the emergency,' plans.
At this point, a distinction should be made between the licensee emergency plans and the implementation procedures of the licensee emer-gency plans.
As previously stated, emergency plans must be written Ly the applicant and approved by the NRC before an operating license can be received.
A set of implementing procedures must also be written to trans-fer the descriptions in the plan into detailed step-by-step instructions for plant personnel.
In 10 CFR Part 50, Appendix E, Section IV, Paragraph E, FE8 007 s
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the regulations require " Provisions for maintaining up to date:
(1) The organization for coping with emergencies, (2) the procedures for use in emergencies, and (3) the lists of person with special qualifications in cop:J.g with emergency conditions." The details of this information are usua',
.n the licensees' implementation procedures and not in the emergency plans.
Thus, the regulations do require that the implementation procedures be maintained up to date.
Such procedures are, in fact, inspected by the Office of Inspection and Enforcement periodically.
However, there is no specific requirement in the Commission's regulations fer licensees to main-tain the emergency plans up to date, and this lack of regulation could be detrimental to the public health and safety in the event of an emergency situation.
Therefore, the thrust of this part of the rule change is not directed to the implementing procedures but to the licensee emergency plans (as submitted in the FSAR).
The effect will be on all licensees of produc-tion and utilization facilities.
Part 70:
On March 31, 1977, paragraphs 70.22(i) and 70.23(a)(11) of 10 CFR Part 70 became ef/ective and require that each application for a' license to possess and use special nuclear material for processing and fuel fabrication, sc r 2p recovery, or conversion of uranium hexafluoride shall contain plans for coping with radiological emergencies.
Prior to this date, licensees d*.'veloped plans for coping with' radiological emer-gencies based on the requirements imposed as a license condition.
The March 31, 1977 rule changes specify that the emergency plans shall con-tain the elements that are listed in Section IV, " Content of Emergency Plans," of Appendix E to 10 CFR Part 50.
However, these rule changes do not require the licensee to maintain the emergency plans up to date.
It is the Commission's judgment that the licensee emergency plans should be E
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kept up to date in order to prevent potential problems resulting from the use of outdated information.
Pursuant to the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act ai 1974, and section 553 of title 5 of the United States Code, notice is hereby given that adoption of the following amend-mente to 10 CFR Parts 50 and 70 are contemplated.
Copies of comments received on the proposed amendment may be exam-ined in the Commission's Public Document Room at 3717 H Street, N.W.,
Washington, D.C.
1.
Section 50.54 is amended by adding two new paragraphs (q) and (r) to read as follows:
$ 50.54 Conditions of licenses a
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(q) A licensee authorized to possess and/or operate a facility shall follow and maintain in effect emergency plans approved by the Com-mission.
The licensee may make changes to the approved plans without Commission approval only if such changes do not decrease the effective-ness of the plans and the plans, as changed, ca tinue to meet the require-ments of Appendix E of this chapter.
The licensee shall furnish to the Director of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commis-sion, Washington, D.C.
20555, with a copy to the aapropriate NRC regional office specified in Appendix D, Part 20 of this chapter, a report con-taining a description of each change within six months after the change is made.
Proposed changes which decrease the effectiveness of the approved emergency plans shall not be implemented without application to and appro-val by the Cortmission.
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(r) Each licensee who is authorized to possess and/or operate a research reactor facility, with an authorized power level greater than 500 kW thermal, under a license of the type specified in Section 50.21(c) and who had not obtained Commission approval of the emergency plans, as described in Section 50.34(b)(6)(v), prior to obtaining an operating license shall submit such plans to the Director of Nuclear Peactor Regula-tion for approval within one year from the effective date of this rule.
Each licensee who is authorized to possess and/or operi e a research reactor facility, with an authorized power level less than 500 kW thermal, under a license of the type specified in Section 50.21(c) and who had not obtained Commission approval of the emergency plans, as described in Section 50.34(b)(6)(v), prior to obtaining an operating license shall submit such plans to the Director of Nuclear Reactor Regulation for approval within two years from the effective date of this rule.' Each licensee who is authorized to pcssess and/or operate any other production or utilization facility who has not obtained Commission approval of the emergency plans, as described in Section 50.34(b)(6)(v), prior to obtaining an operating license shall submit such plans to the Director of Nuclear Reactor Regulation for approval within 120 days from the effective date of this
.a.
2.
Sectkn 70.3'2 is amended by adding paragraph (i) to read as follows:
$ 70.32 Conditions of licenses 2
A (i) Licansee required to submit emergency plans in accordance with 70.22(i) shall follow and maintain.in effect emergency plans approved by the Commission.
The licensee may make changes to the approved plans without m
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Commission approval only if such changes do not decrease the effectiveness of the plans and the plans, as changed, continue to meet the requirements of Appendix E,Section IV, of 10 CFR Part 50.
The licensee shall furnish to the Director of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, D.C.
20555, with a copy to the appro-priate NRC regional office specified in Appendix D, Part 20 of this chapter, a report containirg a description of each change within six months after the change is made.
Proposed changes which decrease the effectiveness of the approved emergency plan shall not be implemented without application to and approval by the Commission.
(Sec. 161b., Pub. Law 83-703, 68 Stat. 948, Sec. 201, Pub. Law 93-438, 88 Stat. 1242 (42 U.S.C. 2201(b), 5841))
Dated at this day of 1979.
For the Nuclear Regulatory Commission.
Secretary of the Commission E ^ 8 011 9