ML19329G182
| ML19329G182 | |
| Person / Time | |
|---|---|
| Issue date: | 06/18/1980 |
| From: | NRC COMMISSION (OCM) |
| To: | |
| Shared Package | |
| ML19329G176 | List: |
| References | |
| REF-10CFR9.7 NUDOCS 8007140081 | |
| Download: ML19329G182 (16) | |
Text
_ _ _ _ _ _ _ _
6//6/80 1
O COMMISSION BRIEFING l
ON Co FINAL RULE o
o N
O ke h
ON O
N JUNE 18,1980 as O
i
2
., \\
~
s BACKGROUND / CHRONOLOGY
-s ADVANCE NOTICE OF PROPOSED RULEMAKING JULY 17, 1979-PROPOSED REGULATION PUBLISHED IN FED. REGISTER - DEC. 19, 1979 WORKSHOPS & PUBLIC MEETINGS - JANUARY 1980
/
PUBLIC COMMENT PERIOD ENDED - FEBRUARY b,1980 STAFF BRIEFED COMMISSION ON MAJOR ISSUES & COMMENTS - MARCH 26, 1980 ACRS REVIEW 0F PROPOSED REGULATION - MAY l,1980 ACRS REVIEW 0F STAFF PROPOSED FINAL REGULATION - JUNE 5,1980
. - STAFF BRIEFS COMMISSION ON FINAL RULE - JUN 18, 1980 COMMISSION MEETS WITH PUBLIC PANELS - JUNE 1980 E
.J
a
~
~.
- s PUBLIC C0MMENTS 4
OVER 200 LETTERS RECEIVED MANY COMMON ITEMS ALL SIGNIFICANT ISSUES IDENTIFIED AT WORKSHOPS DIVERGENT VIEWS ON SOME ISSUES GENERAL AGREEMENT THAT EMERGENCY PREPAREDNESS SHOULD BE IMPROVED t
e s
~'
RECENT DEVEL0PMENTS ACRS COMMENTS & RECOMMENDATIONS SENATE / HOUSE CONFERENCE REPORT ON NRC FY 80 AUTHORIZATION BILL, JUNE 4,1980 4'
ADEQUATE EMERGENCY PREPAREDNESS CONDITION FOR LICENS,1NG NRC CONSULTATION WITH DIRECTOR OF FEMA
.. ESTABLISH BY RULE STANDARDS FOR STATE PLANS MECHANISM TO ENCOURAGE & ASSIST STATES HIGH PRIORITY ON DEVELOPMENT OF NEW RULES O
e e
s s
MAJOR ISSUES PREVIOUSLY DISCUSSED WITH COMMIESIGN 4
- 1) NRC " CONCURRENCE" IN STATE & LOCAL PROGRAMS
- 2) NRC/ FEMA RESPONSIBILITIES & RELATIONSHIP 3)
REQUIREMENT FOR CAPABILITY FOR 15 MIN. NOTIFICATION OF PUBLIC 4)
IMPLEMENTATION SCHEDULE
- 5) STATE AND LOCAL GOVERNMENT " VET 0 POWER" 6)
FUNDING FOR STATES & LOCAL GOVTS 7)
ALTERNATIVE PROVISIONS IN PROPOSED RULE
s
'6 NRC " CONCURRENCE" IN STATE & LOCAL PROGRAMS ISSUE: AMBIGUOUS & CONFUSED WITH OLD NRC VOLUNTARY & STATE WIDE' CONCURRENCE RELATIONSHIP TO FEMA REVIEW & FINDINGS STAFF RESOLUTION:
DELETE NRC." CONCURRENCE" FROM RULE & REPLACE WITH:
, NRC FINDING ON OVERALL EMERGENCY PREPAREDNESS
. WILL CONSIDER FEMA FINnINGS ON STATE / LOCAL PLANS
. PLANNING OBJECTIVES FROM NUREG-0654 IN RULE O
a
7 NRC / FEMA RESPONSIBILITIES & RELATIONSHIP ISSUE:
NEEDED CLARIFICATION & EXPANSION FEMA RESPONSIBILITIES EVOLVED DURING RULEMAKING STAFF RESOLUTION:
l GENERAL PROCEDURE THAT FEMA & NRC AGREED UPON IN MOU PLACED IN REGULATION FEMA MAKES FINDING & DETERMINATION ON ADEQUACY OF STATE & LOCAL GOVT PLANS NRC MAKES FINDING ON ADEQUACY OF LICENSEE EMERGENCY RESPONSE PLANS NRC MAKES LICENSING FINDING AS TO THE OVERALL ADEQUACY OF EMERGENCY PREPAREDNESS
't
s
)
REQUIREMENT FOR CAPABILITY FOR 15 MIN.
NOTIFICATION OF PUBLIC
_ ISSUE :
CONFUSION RELATIVE T0:
LICENSEE NOTIFICATION OF STATE / LOCAL VS. STATE / LOCAL N0flFICATION OF PUBLIC '
ACTUAL NOTIFICATION VS. CAPABILITY OBJECTIVE OF PUBLIC NOTIFICATION FRACTION OF PUBLIC THAT MUST BE NOTIFIED t
DIFFICULTY & EXPENSE REGULATION BY FOOTNOTE ACRS COMMENTED ON'THIS ISSUE - RECOMMEND CONSIDERATION OF " STAGED" NOTIFICATION SYSTEM STAFF RESOLUTION:
CLARIFICATION THAT:
LICENSEE TO NOTIFY STATE / LOCAL GOVT. WITHIN 15 MIN. AFTL R DECLARING EMERGENCY STATE / LOCAL GOVT HAVE CAPABILITY TO NOTIFY PUBLIC WITHIN 15 MIN. AFTER NOTIFICAIION
~
BY LICENSEE REQUIREMENT MOVED INTO BODY OF REGULATION AS A " DESIGN OBJECTIVE" e
'~
~
r e
IMPLEMENTATI0N SCHEDULE
-s e
ISSUE:
LICENSEES & STATE / LOCAL GOVTS - IMPLEMENTATION SCHEDULE T00 SHORT FOR ENTIRE REG,' BUT ESPECIALLY FOR 15 MIN. NOTIFICATION REQUIREMENT GENERAL PUBLIC - PLANTS SHOULD BE SHUT DOWN UNTIL EMER. PLANS IMPLEMENTED STAFF RESOLUTION:
IMPLEMENTATION OF 15 MIN NOTIFICATION CAPABILITY EXTENDED TO JULY 1981 IMPLEMENTATION FOR REMAINDER OF REGULATION CONTINUES TO BE JANUARY 1981 4
4
10 a
STATE & LOCAL GOVT " VET 0 POWER" ISSUE:
FAILL'RE OF STATE OR LOCAL GOVT TO DEVELOP &/0R IMPLEMENT AN ACCEPTABLE EMERGENCY PLAN FOR ANY REASON COULD EFFECTIVELY BLOCK LICENSING &/0Rc0PERATION OF A PLANT ACRS COMMENTED ON THIS ISSUE - REQUESTED CLARIFICATION OF COMMISSION'S INTENTIONS IN THIS REGARD STAFF RESPONSE:
?
POSSIBILITY SPECIFICALLY RECOGNIZED IN SUPPLEMENTAL INFO ACCOMPANYING RULE OTHER P0TENTIAL STATE & LOCAL "VETOS" ALREADY EXIST, I.E. BLDG PERMITS EXPECTATION THAT STATE & LOCAL GOVTS WILL ACT RESPONSIBLY' E PROVIDE FOR PUBLIC SAFETY i
HAS NOT BEEN A PROBLEM IN ANY OF ONG0ING REVIEWS OF EMER. PLANNING FOR OPER. REACTORS -
HAS GENERALLY REDUCED TO A QUESTION OF FUNDING NEVERTHELESS, COULD BECOMC A MAJOR PROBLEM IN SOME FUTURE LICENSING CASES
(
~~
jj FUNDING FOR STATE & LOCAL GOVTS ISSUE:
INADEQUATE OR DELAYED FUNDING COULD PRECLUDE OR DELAY EM,ERGENCY PLANNING AND/0R IMPLEMENTATION SOME STATE / LOCAL G0VTS DO NOT Ht"E RESOURCES SIGNIFICANT FEDERAL ASSISTANCE FUNDING NOT LIKELY ONG0ING, NOT ONr TIME, REQUIREMENT f
STAFF RESOLUTION:
SUPPLEMENTAL INF0 ACCOMPANYING RULE STATES THAT UTILITY MAY HAVE INCENTIVE TO PROVIDE FUNDS T0 STATE & LOCAL GOVTS ONG0ING REVIEWS OF EMERGENCY PLANNING FOR OPERATING REACTORS INDICATES THAT ADEQUATE FUNDING IS PROVIDED IN SOME WAY ANY FEDERAL FUNDING SHOULD COME THRU FEMA e
m
ALTERNATIVE PROVISIONS IN PROPOSED RULE SIX PAIRS OF ALTERNATIVES WERE PRESENTED IN THE PROPOSED RULE ALTERNATIVES IN SECTIONS 50.4 7, 50.54( s) & (t) 3: ALTERNATIVE A - COMMISSION ACTION TO REQUIRE SHUT 00WN ACTIONS IF OVERALL EMER PREPAREDNESS NOT ADEQUATE ALTERNAT'IVE B - AUTOMATIC SHUTDOWN UNLESS EXEMPTION REQUESTED & GRANTED ALTERNATIVES IN APPENDIX E, SECT II & III ALTERNATIVE A - REQUIRES MEASURES TO PREVENT f
DAMAGE TO PROPERTY REF IN RULE TO PROPERTY
- )-- ALTERNATIVE B - NO REFEPENCE TO PROPERTY DAMAGE ALTERNATIVE IN APPENDIX E ALTERNATIVE A - EXERCISES INVOLVING FEDR AGENCIES EVERY 3 YEARS FREQUENCY OF EXERCISES
> ALTERNATIVE B - EXERCISES INVOLVING FEDR AGENCIES EVERY 5 YEARS STAFF PROPOSED ALTERNATIVE
>>=
99 1
b 4
ACRS REVIEW ACRS SUBCOMMc REVIEWED PROPOSED RULE - APRIL 22, 1980 FULL ACRS REVIEWED PROPOSED RULE - MAY 1, 1980 LTR TO COMMISSION DATED MAY 6, 1980 ALL ITEMS RESOLVED TO ACRS SATISFACTION IN FINAL RULE EXCEPT 3 WHICH WERE ONLY PARTIALLY RESOLVED
,e ACRS SUBC0i44. REVIEWED STAFF PROPOSED FINAL RULE - MAY 22, 1980 FULL ACRS REVIEWED STAFF PROPOSED FINAL RULE - JUNE 5, 1980 LTR TO COMMISSION DATED JUNE 11, 1980 REPEATED SAME 3 ITEMS m
O e
ACRS' REMAINING COMMENT / RECOMMENDATIONS
- 1 NRC-FEMA APPROACH SHOULD ENCOURAGE STATE & LOCAL GOVTS TO IPICORPORATE NUCLEAR, EMER PLANS INTO THEIR PLANS FOR OTHER TYPES OF EMER SITUATIDNS SUPPL INFO ACCOMPANYING RULE CLARIFIES THAT REQUIRED OBJECTIVES MAY BE BLENDED WITH NON-NUCLEAR EMER PLANS FEMA's LONG TERM PLANS ARE TO COORD & COMBINE PLANS CURRENTLY, NUCLEAR PLANS GENERALLY LEAD OTHER EMER PLANNfMG EFFORTS STAFF BELIEVES INTENT OF ACRS RECOMMENDATION WILL BE MET STAFF RECOMMENDATION - SUPPL INF0 ADEQUATE NO 01ANGE IN RULE
15 4
ACRS REl;AINING COMMENT / RECOMMENDATIONS
- 2 INCORPORATE " STAGED" NOTIFICATION CONCEPT IN RULE ITSELF SUPPL INF0 ACCOMPANYING RULE CLARIFIES 1 HAT RULE PERMIY'S THIS TYPE OF IMPLEMENTATION: BUT, THAT CAPABILITY FOR 15-MIN NOTIFICATION THRUOUT PLUME EPZ IS REQUIRED SIMILAR WORDS COULD EASILY BE INCORPORATED'IN RULE: BUT CLARIFYING INFO ON INHERENTLY PERMITTED ACTIVITIES APPROPRIATE IN SUPPL INF0 BUT NOT IN RULE STAFF RECOMMENDATION - SUPPL INF0 ADEQUATE NO CHANGE IN RULE
' ~
,f-~.
ACRS REMAINING COMMENT / RECOMMENRATIONS
- 3 STATE & LOCAL GOVT " VET 0 F0WER" - ACRS REQUESTED CLARIFICATION OF COMMISSION'S INTENTIONS IN THIS REGARD POSSIBILITY IS INHERENT IN THE BASIC 00NCEPT OF THE RULE ACTUAL SITUATION IS UNLIKELY IF IT DEVELOPS, ADEQUATE PROVISIONS TO ASSURE H EALTH 1 SAFETY OF PUBLIC MUST IAXE PRECEDENCE STAFF RECOMMENDATION - COMMISSION'S POSITION IS CLEAR NO FUR 11ER ACTION IS NECESSARY e