ML19305E826
| ML19305E826 | |
| Person / Time | |
|---|---|
| Issue date: | 04/30/1980 |
| From: | Ahearne J NRC COMMISSION (OCM) |
| To: | Simpson A SENATE, ENVIRONMENT & PUBLIC WORKS |
| References | |
| NUDOCS 8005200484 | |
| Download: ML19305E826 (8) | |
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80 052 0 0 M UNITED STATES y$
NUCLEAR REGULATORY COMMISSION g
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.' E WASHINGTON, D. C. 20555 CM April 30, 1980
..,g CHAIRMAN W WISSIONt 0@
The Honorable Alan K. Simpson Subcommittee on Nuclear Regulation Committee on Environment and Public Works Washington, D.C. 20510
Dear Senator Simpson:
Following up on the recent NRC FY 1981 authorization hearings, we have drafted legislation, with the assistance of FEMA, to clarify the respective roles of NRC and FEMA in the review and approval of State and local plans and prepared-ness for off-site emergency response to nuclear accidents.
In his December 7 statement in response to the recommendations of the President's i
Commission on the Accident at Three Mile Island, the President directed FEMA to take the lead for all off-site nuclear emergency planning and response.
However, under current law, NRC continues to have responsibility for a review of State and local emergency plans insofar as these plans are significant to licensing decisions.
NRC has proposed rules which would at a general matter require NRC approval of appropriate State and local emergency plans as a condition to granting licenses.
In the event that NRC does not approve such plans affecting an operating plant, the proposed rules present alternatives for NRC action which could include eventual shutdown of the plant.
- Further, the adequacy of such plans will be an open issue in NRC licensing and enforce-ment proceedings, irrespective of the findings and determinations of FEMA.
Thus, there is a possibility of continuing duplicative efforts by FEMA and NRC.
To remedy this problem of duplicative efforts, legislation would be desirable to provide for the transfe'r to FEMA of all NRC functions with respect to State and local plans and preparedness for off-site emergency response, incident to NRC's licensing and regulatory responsibilities under the Atomic Energy Act and Energy Reorganization Act.
Legislation should also describe the respective roles of FEMA and NRC in emergency response planning and preparedness in light of the transfer of functionc.
If enacted in this session of Congress, the effective date of the transfer could be October 1,1980.
FEMA informs us that it will be prepared to assume the responsibility on this date. Upon such a transfer, NRC's authority and responsibility would cease, and FEMA would have exclusive authority to make detenninations respecting the sufficiency of State and local plans and preparedness.
FEMA's determinations would not be subject to review in NRC proceedings.
However, NRC would retain authority to make any assessment or determination with respect to emergency plans and preparedness of any NRC applicant or licensee.
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The Honorable Alan K. Simpson 2
At FEMA's request, the draft legislation gives FEMA discretion to prescribe the public participation procedures for its evaluation and "pproval of State and local plans and preparedness. Under NRC policy, a member of the public who intervened in a licensing proceeding to contest the adequacy of a State or local plan would receive an adjudicatory hearing.
If the proposed legislation were enacted, the issue of procedures would be up to FEMA.
The Commission takes no position on the question of FEMA procedures.
If we may be of further assistance, please do not hestiate to call on us.
Sincerely, John F. Ahearne 1
Enclosure:
Draft Legislation cc: The Honorable Gary Hart w
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n Transfer of Functions to FEMA The, Energy Reorganization Act of 1974 as amended (42 U.S.C.
5801 et seg.) is amended --
1.
By redesignating subsection 201(f) as paragraph (1) of subsection 201(f); and 2.
By adding a new paragraph (2) to subsection 201(f) to
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read as follows:
"(2) There are transferred to the Director of the Federal Emergency Management Agency all functions of the Commission with respect to State and local radiological emergency response planning and preparedness for offsite emergency response in connection with facilities and activities which are required to be licensed under this Act and the Atomic Energy Act of 1954 as amended and which the Commission deter-i mines to have the potential for significant accidental offsite radiological releases.
Such functions shall be exercised in accordance with Section 276 of the Atomic Energy Act of 1954 as amended.
The transfer of functions under this paragraph shall be effective on October 1, 1980."
j Chapter 19 of the Atomic Energy Act of 1954. is amended by adding the following new section at the end thereof:
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2 "Sec. 276.
AUTHORITY AND RESPONSIBILITY OF FEMA AND NRC RELATING TO RADIOLOGICAL EMERGENCY PLANNING AND PREPAREDNESS.'--
"a.
In accordance with the transfer of functions in Section 201(f)(2) of the Energy Reorganization Act of 1974 as amended, the Director of the Federal Emergency Management Agency (hereinafter in this section referred to as the Director) shall have the exclusive authority and responsi-bility to carry out functions under this Act relating to State and local radiological emergency response planning and preparedness for of.fsite emergency response in connec-tion with facilities and activities which are required to be licensed under this 7ct and the Energy Reorganization Act of 1974 as amended and which the Commission determines to have the potential for significant accidental offsite radiological releases.
Such functions shall be carried out in consultation with the Commission in accordance with interagency agreements entered into by the two agencies.
Such interagency agreements shall facilitate coordination between the two agencies and avoid duplication of effort to the maximum extent practicable.
No action or decision of the Director shall be subject to review by the Commission or in any Commission proceedi1g.
"b.(1) The Director shall, in carrying out the functions under subsection (a), conduct a program for offsite emergency s
3 response planning which shall include, but not be linited to, the following activities --
"(A) promulgate regulations containing criteria for State and local radiological emergency response plans and preparedness to the extent that such plans and preparedness relate to offsite emergency response,
"(B) evaluate the adequacy of such plans and prepared-ness for protection of the public health and safety in the event of an emergency and, upon determining that such plans satisfy the criteria promulgated pursuant to subparagraph (A), approve same,
"(C) assess, on a continuing basis, the adequacy of approved State and local radiological emergency response plans and preparedness,
"(D) provide emergency preparedness training to Federal, State and local officials,
"(E) provide technical assistance upon request to States for developing the State and-local radiological emergency response plans and preparedness,
"(F) develop and issue an updated series of inter-agency assignments which delineates respective agency capabilities I
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4 and responsibilities and clearly defines procedures for coordination and direction for both emergency planning and response,
"(G) establish policy for and develop and promulgate a National Contingency Response Plan for dealing with all aspects of offsite nuclear emergency preparedness and response, including that of other Federal agencies,
"(H) conduct such research as the Director determines is appropriate to carrying out the functions under this section.
"The Director shall consult with the Commission in the conduct of the activities described in this paragraph, and shall permit the Commission'an adequate opportunity to review and comment on the regulations referred to in subparagraph (A) before final promulgation thereof and to review and comment on the findings of the Director before making any final determination under subparagraph (B), including the Director's findings on (i) the significance of any deficiency in such plans and preparedness with respect to the capability of State and
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local officials to take protective actions, and (ii) whether alternative actions which have been or will be taken promptly compensate for any such deficiency.
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"(2) Nothing in this subsection shall impair the authority of the Commission to make any assessment or determination with respect to the emergency plan and preparedness of any applicant or licensee.
Before making any such assessment or determination and before adopting any rule, regulation, or policy affecting emergency preparedness, the Commission shall consult with the Director and shall provide the Director an adequate opportunity to review and comment.
"(3) The regulations promulgated by the Director under paragraph (1)(A) shall --
"(A) provide for the periodic review of the criteria set forth in the regulations, and
"(B) provide for exercises and tests of the emergency prepared.iess of the State and local authorities con-cerned and provide for coordination between these exercises and tests with related exercises and tests required by the Commission to be conducted by the
- licensee,
"(C) provide for public notice and procedures for public participation in the review of State and local emergency. response plans and preparedness.
6 "c.
The Director is authorized and directed to develop and carry out, with the assistance of the Commission, public information programs relating to radiological emergency response.
Such programs shall be carried out pursuant to an interagency agreement between the Director and the Commission which shall set forth the respective functions of the two agencies concerning public information.
The procrams shall provide for procedures for dissemination of information during an emergency.
"d.
A final regulation promulgated under subsection b(1)(A), or a final action.under subsection b(1)(B) shall be subject to judicial review upon, the petition of any interested person in the United States Court of Appeals for the judicial circuit in which the petitioner resides or has its principal office, or in the United States Court of Appeals for the District of Columbia Circuit.
Any such petition shall be made within sixty days from the date of such regulation or final action.
No such regulation or such approval or final action shall be subject to judicial review in any other proceeding.
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