ML19274C662
| ML19274C662 | |
| Person / Time | |
|---|---|
| Issue date: | 10/01/2019 |
| From: | Eric Schrader Policy and Oversight Branch |
| To: | |
| RAKOVAN L/NMSS/MSST | |
| Shared Package | |
| ML19274C654 | List: |
| References | |
| Download: ML19274C662 (16) | |
Text
Petition for Rulemaking 50-116 Elimination of Immediate Notification Requirements for Non-Emergency Events Eric Schrader - Emergency Preparedness Specialist NSIR/DPR/POB
Agenda
- Summary of PRM-50-116
- Public Comments
- 10 CFR 50.72 Non-Emergency Notifications, 2002 to Present
- Petition Assertions 2
Summary of PRM-50-116
- PRM Submitted by NEI August 2, 2018 (ML18247A204)
- Requests elimination of all 10 CFR 50.72 non-emergency notification requirements
- Petitioner contends this would:
Eliminate duplicative notifications to the NRC Reduce unnecessary burden to licensees Present no incremental risk to public health and safety 3
Summary of PRM-50-116 (continued)
Actions:
- Docketed for review on September 4, 2018
- Public comment FRN (83 FR 58509) published November 20, 2018
- Public comment period closed on February 4, 2019
- 16 public comment submissions received.
- NRC staff reviewed and developed responses to the assertions made in the petition and developed an overall recommendation for PRM-50-116.
4
Public Comment Submissions 12 supported the petition:
- 1 from NEI
- 10 from licensees/utilities
- 1 from two private citizens (co-signed) 4 opposed the petition:
- 3 private citizens
- 1 non-governmental organization 5
Non-Emergency Notification Requirements
§ 50.72 Time Licensee Required to Notify NRC of: § 50.72 Reports § 50.73 (hrs) Since 2002 Report?
(b)(1) 1 Any deviation from the plants technical specifications authorized pursuant 4 Yes to § 50.54(x)
(b)(2)(i) 4 Initiation of any shutdown required by technical specifications 337 Yes (b)(2)(iv)(A) 4 Any event that results or should have resulted in emergency core cooling 59 Yes system (ECCS) discharge into the reactor coolant system as a result of a valid signal except when actuation results from and is part of a pre-planned sequence during testing or reactor operation (b)(2)(iv)(B) 4 Any event or condition that results in actuation of the reactor protection 1,078 Yes system (RPS) when the reactor is critical except when the actuation results from and is part of a pre-planned sequence during testing or reactor operation (b)(2)(xi) 4 Any event or situation, related to the health and safety of the public or 1,273 No onsite personnel, or protection of the environment, for which a news release is planned or notification to other government agencies has been or will be made. Such an event may include an onsite fatality or inadvertent release of radioactively contaminated materials.
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Non-Emergency Notification Requirements
§ 50.72 Time Licensee Required to Notify NRC of: § 50.72 Reports § 50.73 (hrs) Since 2002 Report?
(b)(3)(ii) 8 The condition of the nuclear power plant, including its principal safety 820 Yes barriers, being seriously degraded; or the nuclear power plant being in an unanalyzed condition that significantly degrades plant safety.
(b)(3)(iv) 8 Valid actuation of RPS, containment isolation signals, ECCS systems, BWR 1,123 Yes RCIC/isolation condenser system/feedwater coolant injection system, PWR auxiliary or emergency feedwater systems, containment heat removal systems, or emergency AC electrical power systems.
(b)(3)(v) 8 Prevention of the fulfillment of a safety function of structures or systems 1,655 Yes that are needed to shut down the reactor and maintain it in a safe shutdown condition, remove residual heat, control the release of radioactive material, or mitigate the consequences of an accident.
(b)(3)(xii) 8 The transport of a radioactively contaminated person to an offsite medical 62 No facility for treatment.
(b)(3)(xiii) 8 A major loss of emergency assessment capability, offsite response 1,577 No capability, or offsite communications capability.
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Petition Assertions Assertion 1: 10 CFR 50.72 update is overdue.
- The rule was promulgated in 1980, revised in 1983, 1992, and 2000 partially based on accumulated operating experience Assertion 2: Redundant with Resident Inspectors Communications
- licensees have procedures and practices for notifying the resident inspector
- non-emergency notifications serve no unique safety function.
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Petition Assertions Assertion 3: Distracts Staff from Event
- non-emergency notifications distract key plant staff from addressing events.
- Elimination of requirements would provide a safety benefit by allowing technical and engineering resources to be used for event assessment and corrective action(s).
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Petition Assertions (continued)
Assertion 4: The Three with No LER Are Unrelated to Reactor Safety
- 10 CFR 50.72(b)(2)(xi): news release or notification to other government agency
- 10 CFR 50.72(b)(3)(xii): transport of radioactively contaminated person to an offsite medical facility
- 10 CFR 50.72(b)(3)(xiii): major loss of emergency assessment capability, offsite response capability, or offsite communications capability 10
Petition Assertions (continued)
Assertion 5: Public Will Be Notified by Licensee Event Reports
- LERs required by 10 CFR 50.73 are available to the public.
Assertion 6: NRC Has Never Taken Immediate Action -
- 4 and 8 hour9.259259e-5 days <br />0.00222 hours <br />1.322751e-5 weeks <br />3.044e-6 months <br /> requirements imply needed action before end of shift or soon after shift turnover.
- The NRC has not taken this immediate of action in the regulations almost 40 years.
11
Petition Assertions (continued)
Assertion 7: Requirements are Contrary to Principles of Good Regulation:
- The burden of reporting is not consistent with the risk-reduction achieved.
- The benefit to the NRC & public is also not commensurate with burden.
12
Petition Assertions (continued)
Assertion 8: Purpose and Objectives Will Continue to Be Fully Met
- licensees have procedures and practices to notify the resident inspector of non-emergency events
- non-emergency notifications are duplicative and serve no unique safety function.
Assertion 9: Rulemaking is the Preferred Solution to Address Concern
- the number of licensees effected by this reporting requirement makes rulemaking the most appropriate and economical resolution.
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Current 50.72 Event Notification Reporting and Communication Process Licensees Report All 50.72 Reports to NRC HOO Required NRC 50.72 reports Event NRC HOO Management MD 8.3 Notification Evaluations Regional POCs (RDOs)
Licensee IDs Voluntary Reports NRC Office Event NRC Procedure Email Lists RRPS /
HOO Database OpE Voluntary Resident Clearinghouse Inspectors Public Website 14
NEI Requested Change for Non-Emergency Event Notifications Only Emergency Declarations Made to HOO, Voluntary Non-Emergency Calls to Resident Inspectors NRC Required Event Management EALs Only NRC HOO MD 8.3 Notification Evaluations Regional POCs (RDOs)
NRC Procedure Licensee IDs NRC Office Event Email Lists RRPS /
HOO Database OpE Voluntary Resident Clearinghouse Non-Emergency Inspectors Notifications Public Website 15
Questions?
Eric Schrader - Emergency Preparedness Specialist NSIR/DPR/POB U.S. Nuclear Regulatory Commission - TWFN-08A45 11545 Rockville Pike, Rockville, MD 20852-2738 Phone: (301) 287-3789 16