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.
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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
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§ 50.72 Time (hrs)
Licensee Required to Notify NRC of:
§ 50.72 Reports Since 2002
§ 50.73 Report?
(b)(1) 1 Any deviation from the plants technical specifications authorized pursuant to § 50.54(x) 4 Yes (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 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 59 Yes (b)(2)(iv)(B) 4 Any event or condition that results in actuation of the reactor protection 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 1,078 Yes (b)(2)(xi) 4 Any event or situation, related to the health and safety of the public or 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.
1,273 No Non-Emergency Notification Requirements
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§ 50.72 Time (hrs)
Licensee Required to Notify NRC of:
§ 50.72 Reports Since 2002
§ 50.73 Report?
(b)(3)(ii) 8 The condition of the nuclear power plant, including its principal safety barriers, being seriously degraded; or the nuclear power plant being in an unanalyzed condition that significantly degrades plant safety.
820 Yes (b)(3)(iv) 8 Valid actuation of RPS, containment isolation signals, ECCS systems, BWR RCIC/isolation condenser system/feedwater coolant injection system, PWR auxiliary or emergency feedwater systems, containment heat removal systems, or emergency AC electrical power systems.
1,123 Yes (b)(3)(v) 8 Prevention of the fulfillment of a safety function of structures or systems 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.
1,655 Yes (b)(3)(xii) 8 The transport of a radioactively contaminated person to an offsite medical facility for treatment.
62 No (b)(3)(xiii) 8 A major loss of emergency assessment capability, offsite response capability, or offsite communications capability.
1,577 No Non-Emergency Notification Requirements
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.
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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.
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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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14 Event Notification NRC HOO Resident Inspectors NRC Procedure Voluntary Required 50.72 reports NRC Management Regional POCs (RDOs)
HOO Database Public Website RRPS /
OpE Clearinghouse NRC Office Email Lists MD 8.3 Evaluations Current 50.72 Event Notification Reporting and Communication Process Licensees Report All 50.72 Reports to NRC HOO Voluntary Reports Licensee IDs Event
Event Notification NRC HOO Resident Inspectors Licensee IDs Event NRC Procedure Voluntary Non-Emergency Notifications NRC Management Regional POCs (RDOs)
HOO Database Public Website RRPS /
OpE Clearinghouse NRC Office Email Lists MD 8.3 Evaluations NEI Requested Change for Non-Emergency Event Notifications Only Emergency Declarations Made to HOO, Voluntary Non-Emergency Calls to Resident Inspectors Required EALs Only 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