ML19252B339

Recommends Approval for Publication of Proposed Amends to 10CFR50.54 & 10CFR50.72 Re Prompt Public Notification Sys

ML19252B339
Person / Time
Issue date:	10/15/1981
From:	Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:
Shared Package
ML19252B340	List: ML19252B339 ML20039A646
References
REF-10CFR9.7, TASK-RIA, TASK-SE SECY-81-598, NUDOCS 8111030095
Download: ML19252B339 (53)

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RULEMAKING ISSUE

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~Y (Affirmation) p OCT2 2193% u For: The Commissioners r31 %e u.s. mm, mm R mum From: William J. Dircks A /g Executive Director for Operations Q y y

Subject:

PROPOSED AMENDMENTS: (A) TO 10 CFR 50.54, NPLEMENT IMMEDIATE NOTIFICATION REQUIREMENTS MANDATED IN SECTION 201 0F NRC'S FY 1980 AUTHORIZATION ACT, AND (B) TO 10 CFR 50.72, REVISING THE IMMEDIATE REPORTING OF SIGNIFICANT EVENTS AT OPERATING NUCLEAR POWER REACTORS

Purpose:

To obtain Commission approval for publication of the proposed amendments in the Federal Reaister. i Category: This paper covers a minor policy matter. Issue: Whether the NRC should implement Section 201 of NRC's FY 1980 Authorization Act in toe manner proposed, and whether the NRC should clarify its regulations concerning the immediate noti-fication to NRC of significant events that occur at operating nuclear power plants. Discussion: 10 CFR 50.54 - Section 201 of the Nuclear Regulatory Commission Authorization Act for Fiscal Year 1980 (Pub. L. 96-295) provides: (a) Section 103 of the Atomic Energy Act of 1954 is amended by adding at the end thereof the following new subsection: "f. Each license issued for a utili-zation facility under this section or section 104 b. shall require as a condition thereof that in case of any accident which could result in an unplanned release of quantities of fission products in excess of allow-able limits for normal operation established by the Commission, the licensee shall immediately so notify the Commission. Violation of the condition prescribed by this subsection may, in the Commission's discre-tion, constitute grounds for license revocation. In

Contact:

Mike Jamgochian, RES 443-5942 8111030095 811015 CF SUBJ C f-

t The Commissioners 2 accordance with section 187 of this Act, the Commission shall promptly amend each license for a utilization facility issued under this section or section 104 b. which is in effect on the date of enactment of this subsection to include the provisions required under this subsection." The Conference Report accompanying Pub. L. 96-295 stated that the conferees recognized the need for predictability by licensees in deter;nining those situations which would require immediate notifi-cation. The conferees further intended that the Commission estab-lish specific guidelines for the identification of accidents which could result in an unplanned release of radioactivity in excess of allowable limits, and that the immediate notification requi.ement would take effect when such guidelines were established. H. Conf. Rep. No. 96-1070, 96th Cong., 2d Sess., 30 (June 4, 1980). Accordingly, the staff is proposing an amendment to 10 CFR @ 50.54 that would add an appropriate notification requirement as a condi-tion in the operating license of each nuclear utilization facility licensed under Section 103 and 104b of the Atomic Energy Act of 1954, as amended, 42 U.S.C. gg 2133, 2134b.* These facilities generally are the commercial nuclear power facilities which pro-duce electricity for public consumption. Research and test reac-tors are not subject to the proposed license condition as they are licensed under Section 104a or 104c of the Act. Under the proposed amendment to 10 CFR 50.54, licensees having Section 103 and 104b licenses would be required, as a condition of their respective operating licenses, to notify the NRC immediately of any "significant event" set forth in 10 CFR 50.72. The proposed revisions to @ 50.72, as set forth below, have been made with consideration of the language of Section 201. As a result, these revisions would constitute the guidelines for predictability con-templated by Congress as a prerequisite to making any changes in license conditions for Section 103 and 104b facilities. 10 CFR 50.72 - On May 4, 1979, Commissioner Kennedy sent a memo-randum to L. V. Gossick on the subject of Prompt and Accurate Notification to NRC of Unusual Events at Operating Reactors. In the memo, he pointed out the lack of effective and timely communi-cation between licensees and the NRC regarding unusual events at operating reactor facilities and indicated that this situation must be corrected immediately. J. G. Davis and H. R. Dem on replied to Commissioner Kennedy by memorandum dated June 1, 1979 AThis would be accomplished by adding a new paragraph to S 50.54, the provisions of which are deemed to be conditions in every license. The staff would not amend each license individually.

k, The Commissioners 3 indicating the steps that were being taken to rectify the diffi-culties in communication. The steps included the installation of dedicated telephone lines and the issuance of an IE Bulletin providing guidance to licensees concerning what events should be immediately reported. Ine memorandum also recommended the initi-ation of rulemaking to provide binding requirements. Rulemaking was initiated immediately thereafter, and resulted in a final regulation published in the Federal Register on February 29, 1980 (45 FR 13435). Although the regulation, 10 CFR 50.72 was published as effective immediately wf nout a prior public comment period, the public was invited to submit its views and comments by April 29, 1980. To date, comments have been received from thirteen licensees and two other industry sources. A significant number of comments stated that the February 29, 1980 final regulation (45 FR 13435) contained many requirements that were vague, too broad in scope and ambigious. The staff's exp rience has indicated that the con-cerns of the commenters were to some extent valid and resulted in numerous unnecessary notifications to the NRC. All of the new paragraphs in the proposed rule change reflect these concerns by being more specific as to what significant events should be reported to the NRC. Prior to draf ting the enclosed proposed regulations, the staff met with several licensee Control Room Shift Supervisors. These meetings led to a better understanding on behalf of the licensee supervisors as to the information that the NRC must have, as well as a better understanding on behalf of the NRC staff relative to the implementation problems with the current G 50.72. As a direct result of these discussions, the staff is now proposing to relax the requirement that licensees must remain on an open telephone line until released by the NRC. The proposed rule change now would require a licensee to make the initial notification to the NRC followed by a notification when the event terminates or worseis. The licensee would be required to keep the telephone line open on reauest by the NRC. Likewise, subparagraph 6 in the proposed rule change was modified by establishing a reporting requirement threshold of 25% of the applicable limits in the plant Technical Specifications for instan-taneous releases offsite. This threshold is based on the staff's engineering judgment and experience as to what percentage level was appropriate to adequately protect the public health and safety. This threshold, that the staff is proposing, would eliminate the reporting to NRC of a number of events that might attract the news media but yet pose no threat to the public health and safety. On May 7, 1981, Chairman Udall of the House Committee on Interior and Insular Affairs requested that the Commission respond to ques-tions regarding steam bubble formation and its reportability

The Commissioners 4 (related to a September, 1977 event at Three Mile Island Unit 2 during hot functional testing). The staff notes that the forma-tion of voids in systems designed to remove heat from the reactor core would not and should not in itself be reportable under the proposed revisions to 10 CFR 50.72. However, if the accumulation of voids inhibits the ability of these systems to adequately remove heat from the reactor core, then the nuclear power plant would not be in a controlled condition. This would be reportable both under the existing requirements of 10 CFR 50.72 and the pro-posed revision to 10 CFR 50.72. (A new section of 10 CFR 50.73 currently in preparation will reauire reporting of steam bubbles at a much lower threshold under the LER reporting system.) The staff would also like to note that while the Tsuruga (Japan) incident might have been reportable under the existing effective regulations in 5 50.72, it would not now be reportable under the new proposed regulations. The staff feels that it is unnecessary for licensees to immediately report low level onsite spills to the NRC especially since an-NRC resident inspector is assigned-to each nuclear power reactor site, who could notify headquarters of extensive low level spills or of repeated instances. is the staff's summary and resolut. ion of the public comments received on the various elements in the rule - together with proposed additions or revisions as thought necessary. This document has served, through several iterations, to help balance the industry comments and the staff's experience with the rule. The comparative text of the proposed rule changes noted in Enclo-sure 2 reflect the staff's position on how 6 50.72 should be changed. is the staff's proposed Federal Recister Notice of Proposed Rulemaking incorporating all of these changes as well as the previously mentioned change to S 50.54. Cost Estimate: The staff does not anticipate that there will be any significant additional costs to the NRC or to licensees associated with the proposed rule changes; however, the staff would like to point out the costs that have been associated with establishing and implementing a " prompt notification system." a. Six staff years per year of NRC staff effort for manning and maintaining the telephones for notification and $1.5 million per year for dedicated telephone lines. b. There is negligible cost for licensees. Recommendations: That the Commission: 1. Acorove the notice of proposed ruluaking (Enclosure 3) moaifying 10 CFR 50.54 and 50.72.

The Commissioners 5 2. Note: a. That a letter such as that in Enclosure 4 will be sent to the appropriate Congressional committees. b. That the notice of proposed rulemaking (Enclosure 3) will be published in the Federal Register allowing 60 days for public comment; and that a copy of the Federal Register notice will be sent to all applicants, licensees, and State governments. c. That a Paperwork Reduction Act Statement has been prepared and included in the Federal Register notice (Enclosure 3). The information collection requirements of this proposed rule will be submitted to the Office of Management and Budget. d. That the proposed rule contains a statement that the Commission certifies that the rule will not, if promul-gated, have a significant economic impact on a sub-stantial number of small entities, pursuant to the Regulatory Flexibility Act of 1980, 6 605(b). e. That pursuant to S 51.5(d)(3) of Part 51 of the Commis-sion's regulations, neither an environmental impact statement, a negative declaration or an environmental impact appraisal need be prepared in connection with the proposed amendments since the proposed amendments are nonsubstantive and insignificant from the stand-point of environmental impact. f. That a Preliminary Value/ Impact Analysis has been pre-pared (Enclosure 5). g. The staff's conclusions set forth in Enclosure 6, provide the analysis called for by the Periodic and Systematic Review of the Regulations. The criteria used were derived from Executive Order 12044, which was rescinded on February 17, 1981, by Executive Order 12291 (see memorandum dated February 27, 1981, from L. Bickwit, General Counsel to the Commission). This approach is proposed as an interim procedure until the Cor aission-m decideswhattodoinresponseyoExecutiveOrder12291. h. That the ACRS has been informed of the proposed rule change.

The Commissioners 6 'i. That a public announcement of the proposed rule will not be made. Sunshine Act: Recommend consideration at an open meeting. Scheduling: For early consideration. Li g' L WillTam J. Dircks Executive Director for Operations

Enclosures:

1. Staff's Summary and Resolution of Public Comments 2. Comparative Text of Proposed Rule 3. Proposed Federal Register Notice 4. Draft Congressional Letter 5. Preliminary Value/ Impact Analysis 6. TMI Action Plan Review Commissioners' comments should be provided directly to the Office of the Secretary by c.o.b. Monday, November 2,1981. Commission Staff Office comments, if any, should be submitted to the Commissioners NLT October 26, 1981, with an information copy to the Office of the Secretary. If the paper is of such a nature that it-requires additional time for analytical review and comment, the Commissioners and the Secretariat should be apprised of when comments may be expected. This paper is tentatively scheduled for affirmation at an open meeting during the week of November 9, 1981. Please refer to the appropriate Weekly Comnission Schedule, when published, for a specific date and time. DISTRIBUTION Commissioners Commission Staff Offices Exec Dir for Operations Exec Legal Director ACRS Secretariat

4 ENCLOSURE 1

Staff's Summary and Resolution of Public Comments BACKGROUND: On February 29, 1980, 10 CFR S 50.72 was published in the Federal Register (45 FR ]3435). Although the regulation was published as effective immediately without a prior public comment period, the public was invited to submit its views and comments by April 29, 1980. This enclosure lists each paragraph of the original regulation, the comments received on that paragraph, and the new proposed paragraph along with the staff's reasoning. 1

-COMMENTS ON 50.72(a)(1) 1980 Requirement: "Any event requiring initiation of the licensee's emergency plan or any section of that plan." Comments: 1. Should eliminate (a)(1) as duplication of other 50.72 sections, e.g., emergency plan might be initiated by occurrences covered by (a)(8), (a)(9) (a)(10) and (a)(11). Also, some equipment malfunction such as a radiation moni-tor alarm initiates certain acts under emergency plan. 2. Some events of a routine nature call for activation of a part of the emergency plan such as clearing workers from spaces due to noxious fumes / gases. This should not require reporting. 3. Limit (a)(1) to site or general emergency category events. 4. Change (a)(1) to read: "Any event requiring immediate notification pursuant to the requirements of the site emergency plan." 5. This statement is too vague and broad to De implemented. 6. As stated event cannot be reported until it has progressed to the point which requires initiation of a section of the emergency plan. Clari fy reporting of event or event that results in condition. 7. Application of (a)(1) prior to revising the emergency plans to con-form to NUREG-0610 appears premature. 2

Proposed Change: (a) Each licensee of a nuclear power reactor licensed under S 50.21(b) or 6 50.22 shall notify the NRC Operations Center via the Emergency Notifica-tion System each time there is an initiation of any of the following four Emeraency Classes: Notification of Unusual Event, Alert, Site Area Emeraency and General Emergency.* All such notifications to the NRC shall be made immedi-ately after notification to the appropriate State or local agencies and shall identify that the notice is being made pursuant to this paragraph. If the Emergency Notification System is inoperative, tiia licensee shall_make the required notifications via commercial telephone service, other dedicated tele-ohone system or any other method which will ensure a report being made promptly to the NRC Operations Center. Reason: To clarify and to be more specific as to when, how, and where the notifi-cation should be made. COMMENTS ON 50.72(a)(2) 1980 Reauirement: "The exceeding of any Technical Specification Safety Limit." Comment: 1. This requirement is duplication of existing regulatory requirements. 3

Proposed Change: [2:] (3) [The-axceeding-of any] Any event for whii ,lant Technical Specifications [ Safety-timit:] require initiation of immediate shutdown of the nuclear power plant. Reason: The staff feels that it is necessary to be promptly notified whenever an immediate shutdown of the nucl?ar power plant is required by the Technical Specifications, defin_ed Safety Limits are only one reason. This item has been combined with 1980 requirement (a)(5). COMMENTS ON 50.72(a)(3) 1980 Requirement: "Any event that results in the nuclear power piant not being in a con-trolled or expected condition while operating or shut down." Comments: 1. It has been intimated that NRC may deem anything less than steady state 100% power as " uncontrolled" or unexpected. 2. This requirement is ambiguous as stated and subject to widely varied interpretation. Substantial clarification must be provided if anything approach-ing equitable enforcement is to be achieved. 3. Other items in.J.72 more than cover this ambiguous event therefore the phrase "an expected condition" should be deleted from (a)(3). 4

4. Further clarification is needed; requirements should not apply to every parameter or piece of equipment nor apply to slight changes in plant parameters. Proposed Change: [3-] (1) Any event that results in the nuclear power plant n-t being in a controlled [er-expected] condition while operating or shut down. Reason: Staff agreed with commenters that the original requirement was ambiguous. The limitation to "not being in a controlled condition" reduces the scope significantly. COMMENTS ON 50.72(a)(4) 1980 Requirement "Any act that threatens the safety of the nuclear power plant or site personnel, or the security of special nuclear material, including instances of sabotage or attempted sabotage." Comments: 1. Sweep of this section is too broad; language must be added to this requirement to clearly limit its scope. 2. Do threatening phone calls to a facility require holding a phone circuit open? 3. Interpretation needed as to what is perceived as attempted sabotage. 5

4. Revise to read: "Any act that threatens the su ety of the nuclear power plant or the safety oi personnel in the performance of duties necessary for the safe operation of the nuclear plant, or the security---------." 5. Reporting guidance for plant security consideration will be covered in the proposed revisiion to 10 CFR 73 and should not be duplicated here. Proposed Change: [4-] (2) Any act of nature, event, or personnel act that explictly threatens the safety of the nuclear power plant or site personnel in the performance of duties necessary for the safe operation of the nuclear plant or the security of special nuclear material, including strikes of operating personnel, and instances of sabotage or attempted sabotage. When reporting events involvina sabotaae, attempted sabotage or events which threaten the security of special nuclear material the licensee shall also comply with the reauirements in 10 CFR S 73.71. Reason: Staff agreed with commenters tnat tne original requirement was too broad in scope and therefore needed clarification in order to avoid unnecessary notifications to the NRC. COMMENTS ON 50.72(a)(5) 1980 Requirement: "Any event requiring initiation of shutdown of the nuclear power plant in accordance with Technical Specifications Limiting Conditions for Operation." 6

9 Comments: 1. This requirement duplicates part of Technical Specification requirements. 2. Reporting of all such events is not considered necessary. Manual shutdown to meet Technical Specification is normally a well controlled sequence. LER (Licensee Event Report) will be provided in reasonable time frame. The resident inspector will be aware and can initiate any further NRC involvement. 3. Clarify when report is required at the time of the event or when the result of the event occurs. 4. Only those events that require shutdown and only when shutdown actually occurs should be reported. Proposed Chance: Requirement deleted, also covered by new subparagraph (3). Reason: Staff agreed with commenters that the requirement was duplicative and the desired reporting is included in subparagraph (3) which restricts prompt report-ing to immediate shutdowns. COMMENTS ON 50.72(a)(6) 198,0 Requirement: Personnel error or procedural inadequacy which, during normal operations, anticipated operational occurrences, or accident conditions, prevents or could prevent, by itself, the fulfillment of the safety function of those structures, systems, and components important to safety that are needed to (i) shut down 7

the re ctor safely and maintain it in a safe shutdown condition, or (ii) remove residual heat following reactor shutdown; or (iii) limit the release of radio-active material to acceptable levels or reduce the potential for such release. Comments: 1. Existing Technical Specification requirements have proven to be perfectly adequate and should not be changed. Necessary analysis time needed; one hour too soon. Many errors described are correctable immediately upon discovery; reporting not needed. 2. Immediate report should not be required for this level of " event;" it wil' De difficult to tell when to report and many potential reports will be made. A LER appears sufficient. 3. Define " acceptable levels" or at least reference applicable Federal Regulations. 4. This is highly complex and subject to interpretation. Potential for confusion exists; item needs clarification and simplification before it is adequate. 5. As written the rule would require a report if one HPSI pump were inoperable. This circumstance is already addressed in the Technical Speci-fications and merely results in the use of an action statement. 10 CFR 50.72 (a)(6) should be clarified to permit plant operation pursuant to the Technical Specifications without requiring reports to NRC. Proposed Change: [6-] (4) Any instance of personnel error, equipment failure, or discovery of design or procedural inadequacies that alone [which--dering nermai-eperstiens-e ticipated-eperatiensi-eccerrences--er-setide9t-cenditions-] could prevent 8

[by-itself] the fulfillment of the safety function of those structures, systems, or components [important-to-safety] that are needed to (i) shut down the reactor [ safety] and maintain it in a safe shutdown condition, (ii) remove residual heat [feiiewing reacter-shetdewn--and] or (iii) [4imit] contesi the release of radioactive material [te-acceptabie-leveis-er-redece-the petentiai-fer-sech reiesse-] Reason: Requirement needed clarification and interpretation in order to avoid unnecessar,/ notifications to the NRL. COMMENTS ON 50.72(a)(7) 1980 Requirement: Any event resulting in manual or automatic actuation of Engineered Safety Features, including the Reactor Protective System. Comments: 1. Use of manual trip button to activate tha RPS for planned outages should not be a reportable event. 2. Do not agree on RPS trips needing reporting. RPS set points are carefully chosen for safety margin. RPS trip under normal conlitions pose no threat to public health and safety. 3. (a)(7) should be revised to indicate that such activations as a result of required surveillance testing are not subject to reporting. 4. Should exclude insignificant causes of ESF actuation such as " spurious actuations." 9

Proposed Changes: [7-] (5) Any event resulting in manual or automatic actuation of Engi-neering Safety Features (ESF), including the Reactor Protection System (RPS). (Actuation of ESF, including the RPS, which results from and is part of the planned sequence during surveillance testing or normal reactor shutdown, need not be reported.) Reason: Staff agreed with commenters that the requirement needed clarification in order to avoid unnecessary notifications to the NRC. COMMENTS ON 50.72(a)(8) 1980 Requirement: Any accidental, unplanned, or uncontrolled radioactive release. (Normal expected releases from maintenance or other operational activities are not included.) Comments: 1. Some minimum level of off-site release should be established as the reporting threshold for this subsection. 2. Some normal or expected releases require acti ution of the emergency plan [i.e., (a)(1)] to clear spaces. If plans were activated for this reason, it would not require noti'ication. Please clarify. 3. Reporting any release is obviously unrealistic. Threshold needed. 4. Revise (a)(B) to read: "Any accidental, unplanned, or uncontrolled <odioactive release to the environment outside the plant or any release i 10

threatening the safety of site personnel or the safe controlled operation of the ph.nt." Proposed Changes: [8:] {6} Any accicki,,al, unplanned, or uncontrolled radioactive release that exceeds 25% of the applicable limits in the plant Technical Specifications for instantaneous releases offsite or that results in the evacuation of a building. [ Normal-er-expected-releases-frem-maintenance-or-ether-eperational activities-are not-incinded:] Reason: Staff agreed with commenters. Therefore, based on the staff's engineering judgment and experience, the 25% threshold was established in the proposed rule change. COMMENTS ON 50.72(a)(9) 1980 Requirement: Any fatality or serious injury occurring on the site and requiring trans-port to an offsite medical facility for treatment. Comments: 1. Change requirement to require reporting only when fatality or injury bears some relationship to the operational or physical security of the reactor and thereby to the protection of workers or the public from radiological hazards. 11

2. We question need to report injuries unless they ar e related to severe radiation exposure requiring offsite treatment. 3. Reporting of industrial accidents in general is not valid. 4. Item 9 should be geared to reflect the threat, if any, to public health and safety and not a general sursey of occupational a.,d non-occupational safety. Revise (a)(9) to read: "Any fatality or serious injury occurring on the site as a result of plant operation or affecting the safe controlled operation of the plant and requiring transport to an off-site medical facility for treatment. 5. Even minor injuries are usually transtMrted to an offsite facility as a general practice. Further definition of " injuries" should be made. Proposed Changes: [9-] (7) Any onsite fatality or any injury involving radiction L r] occurring on [the] site [and] that requir[ing]es transport to an offsite medi-cal facility for treatment. (As used herein " injury involvina radiation" is one in wY:ch an injured part of the body is contaminated, the injured person is wearing contaminated clothing at the time of transport, or the injury is related to radiation exposure). Reason: Staff agreed with commenters that the requirement was too broad in scope and needed clarification in order to avoid unnecessary notifications to the NRC. 12

COMMENTS ON 50.72(a',10) 1980 Requirement: Any serious personnel radioactive contamination requiring extensive onsite decontamination or outside assistance. Comments: 1. Question the value of reporting any but the most serious contamination events; and how events of personnel contamination during plant outages - cleaned up onsite - require reporting to NRC. 2. The words " serious" and " extensive" leave the meaning of this item vagte. Revise (a)(10) to read: "Any serious personnel radioactive contamina-tion requiring extensive on-site decontamination or outside assistance." (Normal or expected decontamination for maintenance or other operational activities are not included.) 3. The reporting requirements for overexposures is already covered in 10 CFR 20.403. Proposed Change: [10-] (8) Any serious personnel radioactive contaminatic, requiring extensive onsite decontamination or outside assistance. (Personne' contamina-tion that can be readily removed usina routine decontamination proceduces need not be reported.) Reason: Staff agreed with commenters that requirement needed clarification in order to avoid unnecessary notification to the NRC. 13

COMMENTS ON 50.72(a)(11) 1980 Requirement: Any event meeting the criteria of 10 CFR 20.403 for notification. Comments: 1. This requirement is paradoxical since 5 rem at nuclear power plant requires reporting within 1 hour but some exposure at other licensed facility is required to be reported within 24 hours. Duplicative reporting requirements between this section and 20.403 should be rectified. 2. Reporting all 10 CFR 20.403 events circumvents and conflicts with a rational distinction drawn in the rejulations. 3. Revise (a)(11) to read: "Any event meeting the criteria of 10 CFR 20.403(a) for immediate notification." 4. This requirement is redundant to (a)(6T and (a)(10) and to 10 CFR 20.403 and should be deleted. Proposed Changg: Staff agreed with commenters and deleted requirement because of redundancy. COMMENTS ON 50.72(a)(12) 1980 Requirement: Strikes of operating employees or security guards, or honoring of picket lines by these employees. 14

Comments: 1. Reporting of such events except as required by (a)(4) is not considered valid. 2. This item not clear as to the type of employees or the number required to be affected in order to notify NRC. Should be a specified minimum number of shift operators and of security guards. 3. This item should be revised to limit reporting so that wildcat strikes or picketing that does not prevent shift turnover are not reportable. Proposed Change: This requirement was clarified and combined in the new #2. COMMENTS ON 50.72(b) 1980 Requirement: With respect to the events reported under subparagraphs (1), (2), (3), and (4) of paragraph (c) of this sectior, each licensee in addition to prompt telephone notification, shall also establish and maintain an open, continuous communication channel with NRC Operations Center, and shall close the channel only when notified by NRC. Comments: 1. Regarding "open and continuous," can tn.ephone headsets be used? What are consequences of licensee closing circuit for few seconds because of other demands? What are criteria for closing circuit? And if open, must man have phone in hand? 15

2. To maintain an open channel on (a)(2), (a)(3) and (a)(4) is too restrictive. During early stages of event this demand would be counter pro-ductive because it would tie up one ;?rson. Proposed Change: [(b3] (c) With respect to the telephone notifications made pursuant to paragraphs (a) and (b) of this section, [ events-reported-ander-sebparagraph-(13-(23--(33-and-(43 of paragraph-(a3-ef-this section] each licensee, ir, addition to making the ree'. ired [erempt-teiephone] notification, shall during the course of the event: [sise-establish and-maintain-an epen-continceas-cemmenication channei-with-the-NP.6-6pe ations-Benter-and-shali-ciese-this-channei-eniy-when notified-by-NRE-] (1) Promotly r,9oort any further degradation in the level of safety of the plant or other worsenina plant conditions, includino those that require, or may reauire, initiation of any of the four Emergency Classes if such initia-tion has not been previously declared, or the change from one Emergency Class to another or a termination of the Emergency Class. (2) Promptly report the results of ensuing evaluations or assessments of plant conditions, the effectiveness of response or protective measures taken, and information related to plant behavior that is not understood. (3) Maintain an open, continuous communication channel with the NRC Operations Center upon request by the NRC. Reason: The staff agreed with commenters that the requirement was too restrictive and therefore clarified it with the proposed rule change. The new wording of 16

subparagraph C outlines criteria for additional reporting after the initial report is made and only. requires the licensee to maintain an "open continuous communication channel" ("not hang up the phone") upon request rather than until released. 17

ENCLOSURE 2 e

COMPARATIVE TEXT OF PROPOSED RULE CHANGE S 50.54 Conditions of Licensees. (v) In the case of every utilization facility licensed pursuant to Sec-tion 103 or 104b of the Act, the licensee shall immediately notify the NRC Operations Center of any significant event set forth in S 50.72. S 50.72 Notification of significant events. (a) Each licensee of a nuclear power reactor licensed under S 50.21(b) or S 50.22 shall notify the NRC Ooerations Center via the Emergency Notifica-tion System each time there is an initiation of any of the following four Emergency Classes;* Notification of Unusual Event, Alert, Site Area Emeraency and General Emergency. All such notifications to the NRC shall be made immedi-ately after notification to the approcriate State or local aaencies and shall identify that the notice is being made oursuant to this paragraph. If the Emergency Notification System is inoperative, the licensee shall make the reauired notifications via commercial telephone service, other dedicated tele-phone system or any other method which will ensure a report being made promotly to the NRC Operations Center. [(s3] (b) Each licensee of a nuclear power reactor licensed under 50.21 (b) or S 50.22 shall also notify the NRC Operations Center via the Emercency Notification System as soon as possible and in all cases within one hour [by teiephone] of the occurrence of any of the following [significant] events if

• These Emeraency Classes are addressed in NUREG-0654/ FEMA-REP-1 entitled " Criteria for Preparation and Evaluation of Radiological Emergency Response Plans and Pre-paredness in Support of Nuclear Power Plants" Rev. 1, November 1980.

1

not reported under paragraph (a) above, and shall identify [that] t_he event as being reported pursuant to this [section] paragraph. If the Emergency Notifica-tion System is inoperative, the licensee shall make the required notifications via commercial telephone service, other dedicated telephone systems, or any other method which will ensure a report being made to the NRC Operations Center. The events to be reported are: [1-Any-event-requiring-initiatien-of-the-iicensee s-emergency plan er-any l section-of-that pian:] [E-] (3) [The-enceeding-oi cny] Any event for which plant Tcchnical Specifications [ Safety-timit ] require initiation of immediate shutdown of the nuclear power plant. [3 ] (1) Any event that results in the nuclear power plant not being in a controlled [er-expected] condition while operating or shut down. [4-] (2) Any act of nature, event, or personnel act that explicitly threatens the safety of the nuclear p3wer plant or site personnel in the per-formance of duties necessaty for the safe operation of the nuclear plant or the security of special nuclear material, including strikes of operatina per-sorrel, and instances of s-abotage or attempted sabotage. When reoorting events involving sabotage, attempted sabotage or events which threaten the security of special nuclear material the licensee shall also comoly with the requirements in 10 CFR S 73.71. [S-Any event-requiring-initiatien-of-shetdewn-of-the-neciear pewer plant in accordance with-Technica4-Specificatien-timiting-Eenditions-for-Operation:] [6 ] (4) Any instance of personnel error, equipment failure, or discovery of design or procedural inadequacies that alone [which--dering-nermai eperations-anticipated-operationsi-eccurrences--er-accident-conditiens-] could prevent [by-itself] the fulfillment of the safety function of those structures, systems, 2

and compenents [irportant-to-safety] that are needed to (i) shut down the reactor [ safely] and maintain it in a safe shutdown condition, (ii) remove residual heat [following reseter-shetd wn--snd] or (iii) [4imit] control the. release of radio-active material [te-acceptabie-ieveis-er-redece-the petential-for-such-release ] [7:] (5) Any event resulting in manual or automatic actuation of Engi" neered Safety Features (ESF), including the Reactor Protection System (RPS). (Actuation of ESF, including the RPS, which results from and is part of the plar'ed sequence during surveillance testing or normal reactor shutdown, need not be reported.) [8:] (6) Any accidental, unplanned, or uncontrol'ied radioactive release that exceeds 25% of the applicable limits in the plant Technical Specifications for instantaneous releases offsite or that results in the evacuation of a building. [( No rmai-e r-e x p e c t e d-r ei e ss e s - f rem-m ai n t e n a n c e-o r-e th e r-ep e rati o n al activities-are-net-incieded:] [9:] (7) Any onsite fatality or any injury involving radiation [er] occurring on [the] site [and] that requir[ing]es transport to an offsite medi-cal facility for treatment. (As used herein " injury involving radiation" is one in which an injured part of the body is contaminated, the injured person is wearing contaminated clothing at the time of transport, or the injury is related to radiation exposure). [ler] (8) Any serious personnel radioactive contamination requiring extensive onsite decontamination or outside assistance. (Personnel contamina-tion that can be readily removed using routine decontamination procedures nee,d not be reported.) [11: Any-event-meeting-the-criteria-ef-10-6FR-9-20:403-fer-netificatien:] [12: Stri kes-ef-eperating employees-er-secur4ty geerds--er-honering-of picket-iines-by-these-empieyees:] 3

(c) [(b3] With respect to the telephone notifications made pursuant to paragraphs (a) and (b) of this section [ events reported under-subparagraph-fi); (23--(33;-and-(43-of paragraph-(a)-ef-this section] each licensee, in addition to making the required [ prompt-telephone] notification, shall during the course of the event: [aiso establish and-maintain-an-open--eentineocs-communication channei-with-the-NRE-Operations-Eenter--and-shaii ciese-this channel-eniy-when notified-by-NRE-] (1) Promptly report any further degradation in the level of safety of the plant or other worsening plant conditions, including those that require, or may require, initiation of any of the four Emergency Classes if such initiation has not been previously declared, or the change from one Emergency Class to another or a termination of the Emergency Class. (2) Promptly report the results of ensuing evaluations or assessments of plant conditions, the effectiveness of response or protective measures taken, and informction related to olant behavior that is not understood. (3) Maintain an open, continuous communication channel with the NRC Operations Center upon request by the NRC. 4

E?iCLOSURE 3

[7590-01] NUCLEAR REGULATORY COMMISSION 10 CFR Part 50 Immediate Notification Requirement for Operating Nuclear Reactors AGENCY: Nuclear Regulatory Commission. ACTION: Notice of Proposed Rulemaking.

SUMMARY

The Nuclear Regulatory Commission is proposing a change to 10 CFR S 50.54 to implement the provisions of Section 201 of the NRC's 1980 Fiscal Year Authorization Act in light of the presently-existing requirement that licensees notify the NRC of certain "significant events" specified in the NRC regulations. Under the proposed rule, every operating license for a nuclear power reactor would require as a condition that licensees immediately notify the NRC of any significanc event set forth in 10 CFR s 50.72. The Nuclear Regulatory Commission is also proposing to clarify the listing of reportable significant events set forth in 1C CFR S 50.72. DATE: Comments must be submitted in writing on or before (insert date 60 days after publication in the Federal Register). Comments received after that date will be considered if it is practical to do so, but assurances of consideration cannot be given except as to comments filed on or before the due date cpecified herein. ADDRESSES: Interested persons are invited to submit written comments and suggestions on the proposed rule changes and/or the supporting value/ impact analysis to the Secretary of the Commission, U.S. Nuclear 1

[7590-01] Regulatory Commission, Washington, D.C. 20555, Attention: Docketing and Service Branch. Copies of the value/ impact analysis and of comments received by the Commission may be examined in the Commission's Public Document Room at 1717 H Street NW., Washington, D.C. Single copies of the value/ impact analysis may be obtained on request. FOR FURTHER INFORMATION CONTACT: Michael T. Jamgochian, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Wash-ington, D.C. 20555, telephone (301) 443-5942. SUPPLEMENTARY INFORMATION: Section 201 of the Nuclear Regulatory Commis-sion Authorization Act for Fiscal Year 1980 (Pub. L. 96-295) (hereinafter " Authorization Act") provides: (a) Section 103 of the Atomic Energy Act of 1954 is amended by adding at the end thereof the following new subsection: " f. Each license issued for a utilization facility under this section or section 104 b. shall require as a condition thereof that in case of any accident which could result in an unplanned release of quantities of fission products in excess of allowable limits for normal operation established by the Commission, the licensee shall immediately so notify the Commission. Violation of the condition prescribed by this subsection may, in the Commission's discretion, constitute grounds for license revocation. In accordance with sec-tion 187 of this Act, the Commission shall promptly amend each license for a utilization facility issued under this section or sec-tion 104 b. which is in effect on the date of enactment of this sub-section to include the provisions required under this subsection." The Conference Report accompanying Pub. L. 96-295 stated that the conferees recognized the need for predictability by licenseas in deter-mining those situations which would require immediate notification. The conferees further intended that the Commission establish specific guide-lines for the identification of accidents which could result in an unplanned release of radioactivity in excess of allowable limits, and that the immediate notificatic~ requirement would take effect when such guidelines were established. H. Conf. Rep. No. 96-1070, 96th Cong., 2d Sess., 30 (June 4, 1980). 2

[7590-01] Accordingly, the Nuclear Regulatory Commission is proposing to revise two sections of 10 CFR Part 50. The first proposed revision would amend 10 CFR S 50.54 by adding an appropriate notification requirement in the list of conditions in the operating license of each nuclear utilization facility licensed under Section 103 and 104b of the Atomic Energy Act of 1954, as amended, 42 U.S.C. SS 2133, 2134b (the "Act"). In particular, licensees having Section 103 and 104b licenses would be required, as a condition of their respective operating licenses, to notify the NRC immediately of any "significant event" set forth in 10 CFR S 50.72. This license condi-tion would be added to licenses by using Section 50.54, the provisions of which eliminate the need to amend each license individually. These Section 103 and 104b facilities are the commercial nuclear power facil-ities that produce electricity for public consumption. Research and test reactors are not subject to the proposed license condition as they are licensed under Section 104a or 104c of the Act. Licensees are now subject to certain notification requirements, both as to the contents of their applications for operating licenses and as to actions authorized by the operating licenses, but none of these present requirements are s acifically Moressed to Section 201 of the FY 1980 NRC Authorization Act. Ali applications for Section 103 or 104b licenses are now required by S 50.34 to include emergency plans that contain the various elements set forth in 10 CFR Part 50, Appendix E. Section IV.D. of Appendix E requires the plans to include proced"res for notifying local, state, and Federal officials. Once an operating license under Section 103 or 104b is granted, the licensee is required by 10 CFR S 50.72 to actuate immediate notification procedures upon the occurrence of any of the specific "significant events" described in S 50.72. In the final rule adding S 50.72 3

[7590-01] to 10 CFR Part 50, the NRC stated that the 6 50.72 notification requirements were established partly "[i]n view of (1) the significance of these twelve types of events with respect to their ability to jeopardize the health and safety of the public..." 45 FR 13434, 13435 (Feb. 29, 1980). The NRC considers that incorporation of the immediate notification requirements of 9 50.72 into S 50.54 as a condition in every operating license granted under Sections 103 and 104b of the Act will appropriately effectuate the Congressional mandate in Section 201 of the Authorization Act. Section 201, however, also provides that immediate notification of the NRC be made for "any accident which could result in an unplanned re-lease of quantities of fission products in excess of allowable limits of normal operation established by the NRC." This provision is being imple-mented by the changes to S 50.72 also contained in this notice. The NRC has provided, since the enactment of Section 203, further guidance for operating licensees as to situations or events which require notification by the licensee of the NRC and State and local response organizations and other emergency personnel. On August 19, 1980, the NRC published the final rule on Emergency Planning, effective on Nover-ber 3, 1980 (45 FR 55402-15). This rule estaolished a multifaceted emergency planning and preparedness program and, among other things, required procedures to be established for immediate notification of the NRC and State and local emergency response personnel in certain situations. These situations were discussed in Revision 1 to NUREG-0654/ FEMA-REP-1 entitled " Criteria for Preparation and Evaluation of Radiological Emergency Response Plans and Preparedness in Support of Nuclear Plants" (hereinafter 4

[7590-01] " Revision 1"), which was issued in November 1980, shortly after the Emer-gency Planning rule became effective. Revision 1 specified four classes J M rgency Action Levels involving notification actions - Notification of Unusw' Event, Alert, Site Area Emergency, and General Emergency. Revision 1 also set forth examples of initiating conditions for each of these four Emergency Classes: 26 examples for the first level, 29 for the second, 24 for the third, and 15 for the fourth. As stated on page 1-3 of Revision 1: The rationale for the notification and alert classes is to provide early and prompt notification of minor events which could lead to more serious consequences given operator error or equipment failure or which might be indicative of more serious conditions which are not yet fully realized. A gradation is provided to assure fuller response preparations for more serious indicators. The site area emergency class reflects conditions where some significant releases are likely or are occurring but where a core melt situation is not indicated based on current information. In this situation full mobilization of emergency personnel in the near site environs is indicated as well as dispatch of monitoring teams and associated communications. The general emergency class involves actual or imminent substantial core degradation or melting with the potential for loss of containment. The criteria set forth in Revision 1 and the examples of events triggering the respective Emergency Classes (with attendant notification actions) provide additional guidance for every operating licensee in the preparation, approval, and ultimately the implementation of their emer-gency preparedness plans, which must be submitted to NRC for evaluation pursuant to 10 CFR 6 50.47. Given the above-mentioned NRC materials, Sections 103 and 104b operating licensees now have guidelines which provide a sufficient level of predictability concerning situations requiring immediate notification of the NRC. The NRC, therefore, proposes to implement Section 201 of the FY 1980 NRC Authorization Act by incorporating presently existing 10 CFR 5

[7590-01] 6 50.72 immediate notification requirements (as clarified and revised by this proposed rule) into 10 CFR S 50.54, which prescribes the conditions of every operating license for facilities licensed under Sections 103 and 104b. The proposed 6 50.72 revisions encompass the standard set forth in Section 201 of the Authorization Act. In addition, the NRC has received public comments from thirteen licensees and two other industry sources on 6 50.72, and the NRC staff has now had experience with that rule. A significant number cf comments stated that the February 29, 1980 final regulation (45 FR 13434) contained many requirements that were too vague, too broad in scope and too amoiguous (such as 50.72(a)(7), (a)(8), and (a)(9)). The staff's experience has indicated an agreement with many of the concerns of the commenters regarding unnecessary notifications to the NRC. All of the new paragraphs in the proposed rule change reflect these con-cerns by being more specific as to what significant events should be reported to the NRC. For example, paragraph 50.72(b) in the 1980 regula-tion required a licensee to " establish and maintain an open, continuous communication channel." The~new proposed regulation would require a licensee to make the initial notification to NRC followed by a notifica-tion when the event terminates or worsens and only maintain a continuous channel when requested. The licensee would need to maintain an open channel only when requested to do so by the NRC. Likewise, new paragraph (b)6 in the proposed rule change modifies the 1980 regulation by establishing a reporting threshold of 25% of the applicable Technical Specification limit for instantaneous releases off-site. This threshold was based on engineering judgment and experience 6

[7590-01] as to what percentage level was appropriate to adequately protect the public health and safety. The 1980 regulation also required in S 50.72(a)(10) that "any serious personnel raaioactive contamination.. " be reported. The staff agreed with comments that this requirement was ambiguous and therefore clarified what is meant by serious personnel contamination in the regulation. These prcposed modifications to 9 50.72 are being made after full consideration of the mandate of Section 201 of the Authorization Act. It is expected that these modifications will provide further predict-ability for licensees in determining situations which would require immediate notification to the NRC. Regulatory Flexibility Certification In accordance with the P.egulatory Flexibility Act of 1980, 5 U.S.C. @ 605(b), the Commission hereby certifies that these proposed regulations will not, if promulgated, have a significant economic impact on a sub-stantial number of small entities. These proposed regulations affect electric utilities that are dominant in their respective service areas and that own and operate nuclear utilization facilities licensed under Section 103 and 104b of the Atomic Energy Act of 1954, as amended. The amendments clarify and modify presently existing notification require-ments and incorporate them as a condition of the respective operating licenses. Accordingly, there is no new, significant economic impact on these licensees, nor are such licensees within the definition of small businesses set forth in Section 3 of the Small Business Act, 15 U.S.C. S 632, or within the Small Business Size Standards set forth in 13 CFR Part 121. 7

[7590-01] Paperwork Reduction Act Statement Pursuant to the provisions of the Paperwork Reduction Act of 1980 (Pub. L. 96-511), the NRC has made a preliminary determination that these proposed regulations do not impose new reporting, recordkeeping, or informa-tion collection requirements. These proposed regulations will nevertheless be submitted to the Office of Management and Budget for its consideration of any potential or new reporting, recordkeeping, or information collection requirements, pursuant to Pub. L. 96-511. For the reasons set out in the preamble and pursuant to the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and Section 553 of Title 5 cf the United States Code, notice is hereby given that adoption of the following amendments to 10 CFR Part 50 is contemplated. PART 50 - DOMESTIC LICENSING OF PRODUCTION AND UT.ILIZATION FACILITIES The authority citation for Part 50 reads as follows: AUTHORITY: Secs.103,104,161,182,183,189, 68 Stat. 936, 937, 948, 953, 954, 955, 956, as amended (42 U.S.C. 2133, 2134, 2201, 2232, 2233, 2239); secs. 201, 202, 106, 88 Stat. 1243, 1244, 1246 (42 U.S.C. 5841, 5842, 5846), unless otherwise noted. Section 50.78 also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). Section 50.78-50.81 also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234). Sec-tions 50.100-50.102 issued under sec. 186, 68 Stat. 955 (42 U.S.C. 2236). For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C 2273), S 50.41(i) issued under sec. 161i, 68 Stat. 949 (42 U.S.C. 2201(i)); SS 50.70, 50.71, and 50.78 issued under sec. 1610, 66 Stat. 950, as amended (42 U.S.C. 2201(o)), and the laws referred to in Appendices. 8

1. A new paragraph (v) is added to a 50.54 to read as follows: S 50.54 Conditions of Licenses. (v) In the case of every utilization facility licensed purcuant to Section 103 or 104b of the Act, the licensee shall immediately notify the NRC Operations Center of any significant event set forth in S 50.72. 2. Section 50.72 is revised to read as follows: 6 50.72 Notification of Significant Events (a) Each licensee of a nuclear power reactor licensed under 9 50.21 (b) or a 50.22 shall notify the NRC Operations Center via the Emergency Notification System each time there is an initiation of any of the follow-ing four Emergency Classes: Notification of Unusual Event, Alert, Site Area Emergency and General Emergency.* All such notifications to the NRC shall be made immediately after notification to the appropriate State or local agencies and shall identify that the notice is being made pursuant to this paragraph. If the Emergency Notification System is inoperative, the licensee shall make the required notifications via commercial tele-phone service, other dedicated telephone system, or any other method which will ensure a report being made promptly to the NRC Operations Center. x These Emergency Classes are addre,22d in NUREG-0654/~EMA-REP-1, entitled " Criteria for Preparation and Evaluation of Radiolot ;al Emergency Response Plans and Preparedness in Support of Nuclear Power Plants," Rev. 1, November 1980. 9

[7590-01] (b) Each licensee of a nuclear power reactor licensed under S 50.21 (b) oe S 50.22 shall also notify the NRC Operations Center via the Emer-gency Notification System as soon as possible and in all cases within one hour of the occurrence of any of the following events it not reported under paragraph (a) above, and shall identify the event as being reported pursuant to this paragraph. If the Emergency Notification System is inoperative, the licensee shall make the required notification via commer-cial telephone service, other dedicated telephone systems or any other method which will ensure a report being made promptly to the NRC Opera-tions Center. The events to be reported are: (1) Any event that results in the nuclear power plant not being in a controlled condition while operating or shut down. (2) Any act of nature, event, or personnel act that explicitly threatens the safety of the 'uclear power plant or site per-sonnel in the performance of duties necessary for the safe operation of the nuclear plant or the security of special nuclear material, including strikes of operating personnel, and instances of sabotage or attempted sabotage. When reporting events involving sabotage, attempted sabotage or events which threaten the security of special nuclear material, the licensee shall also comply with the requirements in 10 CFR g 73.71. (3) Any event for which plant Technical Specifications require initiation of immediate shutdown of the nuclear power plant. (4) Any instance of personnel error, equipment fafi re, or o discovery of design or procedural inadequacies that alone could prevent the fulfillment of the safety function of those structures, systems, or 10

[7590-01] components that are needed to (i) shut down the reactor and maintain it in a safe shutdown condition, (ii) remove residual heat, or (iii) control the release of radioactive material. (5) Any event resulting in manual or automatic actuation of Engineered Safety Features (E3F), inc'ading the Reactor Protection System (RPS) (Actuation of ESF, including the RPS, which results from and is part of the planned sequence during surveillance testing or normal reactor shudown, need not be reported). (6) Any accidental, unplanned, or uncontrolled radiractive release that exceeds 25% of the applicable limits in the plant Technical Specifications for instantaneous releases offsite or that results in the evacuation of a building. (7) Any onsite fatality or any injury involving radiation occurring onsite that requires transport to an offsite medical facility for treatment. (As used herein " injury involving radiation" is one in which an injared part of the body is contaminated, the injured person is wearing contaminated clothing at the time of transport, or the injury is related to radiation exposure). (8) Any serious personnel radioactive contamination requiring extensive onsite decontamination or outside assistance. (Personnel con-tamination that can be readily removed using routine decontamination pro-cedures need not be reported). (c) With respect to the telephone notifications made pursuant to paragraphs (a) and (b) of this section, each licensee, in addition to making the required notification, shall during the course of the event: 11

[7590-01] (1) Promptly report any f0rther degradation in the level of safety of the plant or other worsening plant conditions including those that require, or may require, initiation of any of the four-Emergency Classes if such initiation has not been previously declared, or the change from one Emergency Class to another or a termination of the Emergency class. (2) Promptly report the results of ensuing evaluations or assessments of plant conditions, the effectiveness of response or pro-tective measures taken, and information related to plant behavior that is not understood. (3) Maintain an open, continuous communication channel with the NRC Operations Center upon request by the NRC. Dated at Washington, D.C. this day of 1981. For the Nuclear Regulatory Commission. Samuel J. Chilk Secretary of the Commission 12

ENCLOSURE 4 O

DRAFT CONGRESSIONAL LETTER

Dear Mr. Chairman:

Enclosed for the information of the Subcommittee on is a copy of a notice of proposed rulemaking to be published in the Federal Register. The Nuclear Regulatory Commission is proposing a rule to implement the pro-visions of Section 201 of the NRC's 1980 Fiscal Year Authorization Act (Pub. L. 96-295). Under the proposed rule, every operating license for a nuclear power reactor would contain a condition (via the amendment to 10 CFR @ 50.54) requiring that the licensee immediately notify the NRC of any significant event set forth in 10 CFR g 50.72. The Nuclear Regulatory Commission is also pro-posing to clarify the listing of reportable significant events set forth in 10 CFR S 50.72. The NRC has received public comments from thirteen licensees and two other industry sources on g 50.72, and the NRC staff has now had experience with that rule. In light of the public comments and the experience gained the NRC is now in a position to propose certain minor modifications to clarify 10 CFR S 50.72. These proposed modifications to f 50.72 are being made after full consideration of the mandate of Section 201 of the Authorization Act.

It is expected that these modifications will provide further predictability for licensees in determining situations which would require immediate notification to the NRC. Sincerely, Robert 8. Minogue, Director Office of Nuclear Regulatory Research

Enclosure:

1. Notice of Proposed Rulemaking

ENCLOSURE 5

S PRELIMINARY VALUE/ IMPACT ANALYSIS 1. THE PROPOSED ACTION 1.1 Description The Nuclear Regulatory Commission is proposing a rule to implement the provisions of Section 201 of the NRC's 1980 Fiscal Year Authorization Act. Under the proposed rule, every operatinc license for nuclear power reactor would contain a condition requiring that the licensee immediately notify the NRC of any significant event set forth in 10 CFR S 50.72. The Nuclear Regula-tory Commission is also proposing to clarify the listing of reportable signifi-cant events set forth in 10 CFR S 50.72.

1. 2 Need for the Proposed Actior.-

Section 201 of the Nuclear Regulatory Commission Authorization Act for Fiscal Year 1980 (Pub. L. 96-295) (hereinafter " Authorization Act") provides: (a) Section 103 of the Atomic Energy Act of 1954 is amended by adding at the end thereof the following new subsection: "f. Each license issued for a utilization facility under this section or section 104b. shall require as a condition thereof that in case of any accident which could result in an unplanned release of quantities of fission products in excess of allowable limits for normal operation estab-lished by the Commission, the licensee shall immediately so notify the Commission. Violation of the condition prescribed by this sub-section may, in the Commission's discretion, constitute grounds for license revocation. In accordance with section 187 of this Act, the Commission shall promptly amend each license for a utilization facility issued under this section or section 104 b. which is in effect on the date of enactment of this subsection to include the provisions required under this subsection." In addition, the NRC has received public comments from thirteen licensees and two other industry sources on 6 50.72, and the NRC staff has now had experi-ence with that rule. In light cf the public comments and the experience gained the NRC is now in a position to propose certain minor modifications to clarify 1

10 CFR 6 50.72. These proposed modifications to S 50.72 are being made after full consideration of the mandate of Section 201 of the Authorization Act. It is expected that these moi'*4 cations will provide furth'er predictability for licensees in determining situas'ons which would require immediate notification to the NRC. Accordingly, the Nuclear Regulatory Commission is proposing an amendment to 10 CFR S 50.54 that would add an appropriate notification requirement as a condition in the operating license of each nuclear utilization facility licensed under Section 103 and 104b of the Atomic Energy Act of 1954, as amended, 42 U.S.C. SS 2133, 2134b. These facilities are the commercial nuclear power facilities which produce electricity for public consumption. Research and test eactors are not subject to the proposed license condition as they are licensed under Section 104a or 104c of the Act. Under the pro-posed amendment to 10 CFR g 50.54, licensees having Section 103 and 104b licenses would be required, as a condition of their respective operating licenses, to notify the NRC mimediately of any "significant event" set forth in 10 CFR 50.72.

1. 3 Value/ Impact of the Proposed Action 1.3.1 NRC The capability of the NRC to make timely decisions and to provide adequate assurances regarding actual or potential threats to public health and safety depends heavily on the rapidity with which significant events occurring at nuclear power plants are communicated by nuclear power reactor licensees to NRC.

The majority of events occurring throughout the nuclear industry pose little or no serious or immedicte threats to the public health and safety; however, certain events do pose such threats or generate fear or unusual concern. NRC has an important obligation to collect facts quickly and accurately about significant events, assess the facts, take necessary action, and inform the public about the extent of the threat, if any, to public health and safety. Not only must NRC act promptly to prevent or minimize possible injury to the public, it must also take appropriate action to alleviate fear or concern created as a result of such events. 2

The staff dces not anticipat. that there will be any significant additional cost, to the NRC or to licensees associated with the proposed rule changes. However, the staff would like to point out the costs presently associated with establishing and implementing a " prompt' notification system." These costs are 6 staff years per year of NRC staff effort for manning the telephones for notifi-cation and $1.5 million for dedicated telephone lines. 1.3.2 Other Government Agencies Improvements to the immediate notification requirements would contribute to improved State and local emergency response around nuclear powe' reactors. Applicant agencies (e.g., TVA, DOE) would be affected as pecaented under Section 1.3.3 below. 1.3.3 Industry There should be no cost to the industry associated with implementing the proposed rule changes additional to those incurred in order to comply with NRC's emergency nreparedness regulations. 1.3.4 Public Improvements to the immediate notification requirements would provide in-creased confidence that the health and safety of the public would be protected during a radiological emergency because the State and local governments would be better informed as to any incidents at a nuclear power plant.

1. 4 Decision on the Proposed Action The proposed rrle changes should be published in the Federal Register to obtain public comments thereon.

2. TECHNICAL ALTERNATIVES Because the proposed rule change is being undertaken to address and resolve the concerns of the public and Congr^ss, no technical alternatives to their recommendations have been considered. 3

3. PROCEDURAL ALTERNATIVES Potential NRC procedures that could be used to promulgate the proposed action of a proposed rule change include the following: o Rule Change The staff is responding to a Congressional directive that a rule change be undertaken and promulgated. Tb staff is also responding to the public to clarify the existing requirements in S 50.72. 4. STATUTORY CONSIDERATIONS 4.1 NRC Authority The rule change is intended to implement the Atomic Energy Act of 1954 as amended, and the NRC FY 1980 Authorization Act. 4.2 Need for NEPA Ascessment Since the rule change does not represent a major action, implementation of the proposed rule change does not require a NEPA assessment. RE'ATIONSHIP TO OTHER EXISTING OR PROPOSED REGULATIONS OR POLICY 5. L These rule changes relate to the NRC emergency preparedness regulations, Regulatory Guide 1.01 and NUREG-0654/ FEMA-REP-1, Revision 1. 6.

SUMMARY

AND CONCLUSIONS To proceed expeditiously with rulemaking. 4

9 9 E'1 CLOSURE 6 s. 9

4 TMI ACTION PLAN REVIEW The NRC has conducted a preliminary review of this proposed regulation to determine that they satisfy the applicable criteria contained in Task IV.G.2 of the NRC Action Plan Developed As A Result Of The TMI-2 Accident (NUREG-0660, May 1980). Briefly, those criteria and the NRC's preliminary conclusions are as follows: 1. The proposed regulations are needed: Section 201 of the Authoriza-tion Act mandates adoption of the proposed rule change to S 50.54 and the existing regulations in S 50.72 needed clarification. 2. The direct and indirect e~fects of the regulation have been considered: The immediate notification requirements associated with the Emergency Planning rule (S 50.47), with S 50.72, and with Section 201 of the FY 1980 Authorization Act have all been considered in assessing the effects on Section 103 and 104b licensees. Given the above discussion of present requirements, the effect of the proposed rule is indirect, i.e., imposition of a new license condition incorporating presently-existing immediate notification requirements. This effect would be pertinent only in an enforcement context were there to be a license condition violation, and not in the sense of a direct effect flowing from the substance of the notification requirements themselves. A direct effect of the proposed regulation would be a reduction in the number of notifications that a license would be equired to make to NRC. 3. Alternative approaches have been considered and the least burdensome of the acceptable alternatives has been chosen: Rather than create new notifi-cation requirements, the NRC has sought to minimize burdens on the licensees by clarifying present immediate notification requirements and procedures. 1 ~

Other alternatives would have involved creating duplicative, overlapping or potentially different standards for immediate notification, none of which would have minimized the burdensomeness of the new rule. 4. Public comments have been considered and an adequate response has been prepared: These proposed rule changes now invite public comment rnd take into account public comments received relative to a 50.72 publisaeu in February 1980. 5. The regulation is written so that it is understandable to those who must comply with it: These proposed rule changes satisfy this criteria, particularly in light of its structure and the incorporation of presently existing notification requirements. 6. An estimate has been made of the reporting burdens or recordkeeping requirements necessary for compliance with the regulation: These proposed rule changes do not increase any such burdens or requirements which may otherwise exist, nor does it establish any new reporting burdens or recordkeeping require-ments. 7. The name, address, and telechone number of a knowledgeable agency official has been identified: See contacts listed in proposed Federal Register notice. 8. A plan for evaluatina the regulation after its issuance has been developed: Public comments, licensee and NRC staff experience, and other inputs will be examined on a periodic basis to determine the effectiveness of the proposed rule. Based upon the foregoing review of the proposed regulation, the NRC has preliminarily concluded, as its draft regulatory analysis, that this regulation satisfies the applicable criteria. 2 }}