ML20031H377
| ML20031H377 | |
| Person / Time | |
|---|---|
| Site: | Humboldt Bay, Palo Verde |
| Issue date: | 10/20/1981 |
| From: | Engelken R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | Van Brunt E, Vanbrunt E ARIZONA PUBLIC SERVICE CO. (FORMERLY ARIZONA NUCLEAR |
| Shared Package | |
| ML20031H355 | List: |
| References | |
| FRN-46FR46587, RULE-PR-50 46FR46587, NUDOCS 8110270426 | |
| Download: ML20031H377 (1) | |
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October 20, 1981 Docket Nos. 50-528, 50-529, 50-530 Arizona Public Service Company P. O. Box 21666 Phsenix, Arizona 85036 Attention: Mr. E. E. Van Brunt, Jr.
Vice President, Nuclear Projects Gentlemen:
As you are aware, the revised emergency planning rule published on August 19, 1980, requires that emergency preparedness be upgraded and maintained both at and around nuclear power plants.
In detemining the adequacy of offsite preparedness, the NRC consults with the Fedaral Emergency Management Agency which has the Federal lea:1 in improving offsite preparedness. Final FEMA findings are based on reviews and approvals which are accomplished according to proposed 44 CFR 350.
In this approval process, FEMA will not consider any state of* local plan for final approval until a fullscale exercise has been conducted with the site in question. The exercise must include the state, appropriate local gc.vernment entities, and licensees.
Should FEMA notify the NRC that timely srogress is not being made under its proposed 44 CFR 350 procedures with respect to the upgrading of offsite plans, NRC may detemine that this constitutes a significant deficiency in emergency preparedness and initiate actions undar the NRC regulations.
As you are also aware, for continued compliance with the rule, annual fullscale or small scale joint exercises, as defined in the rule, are also required.
Further, a fullscale exercise must also be conducted before any new license can be granted. The scheduling of these exercises will be largely at the initiative of state and local governments and licensees in coordination with FEMA Regional offices. The NRC will provide observers for the onsite aspects of these joint exercises and the NRC Regional offices will consult with the FEMA Regional offices on the adequacy of proposed scenarios and schedule conflicts.
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o Arizona Public Service Company I want to remind you, therefore,.that it is in your best interests to coordinate your exercise schedule with that of state and local governments and with the FEfiA Regional offices and to supply a copy of the scenario which has been coordinated with the appropriate state authorities to flRC and FEMA Regional offices well in advance of the exercise.
If you have any problems in this coordination, we will attempt to assist you.
Ca = related subject, as you have probably already heard, the flRC is proposing to change the inplenentation date of prompt notification systems from July 1, 1981 to February 1,1982.
I have enclosed a copy of the proposed rule change for your infomation. This appeared on September 21, 1981, in the Federal Register for coment, tio response to this letter is necessary.
Sincerely, c y ng Q ced 4
- 2. H. Ergda R. H. Engelken Director
Enclosure:
Proposed Rule Change",
I cc w/ enclosure:
F.11. Ilartley, APS G. C. Andognini, Vice President, Electric Operations
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Inderal Reg!stn / Vol. 48. No.182 l Monday. September 21. 1981 / Proposed Rules 46587 10 CFR Part 60 By July 1.1981 the nuclear power reactor the extended time period for licenwe shall demonstrate that compliance.
Emergency Planning aM administrative and physical means hate been Preparedness for Production and establisSed for alerting and providing prompt
%e Commission's decision to defer instructions to the public within the plume the date for reo,uiring fuP Utilization Facilities exposure pathway EPZ.11:e design objective implementation of the prompt public AGENCY:Nuclea Regulatory shall be to have the capability to essential!F notification capability requirement was Commission.
complete the initial notification of the public made, as described above, after within the plume exposure pathway EPZ additional co'isideration of industry.
ACTION: Notice of proposed rulemakirg.
within about 15 minutes.
wide difficulty in acquiring the suMMARv:He Nuclear Regulatory The NRC staff has evaluated the level necessary equipment. perraits, and Commission is proposing to amend its of compliance by the industry and noted clearances.This proposed deferral does regulations to extend the date by which that only about 12% of NRC power not represent any f 2ndamental prompt public notification systems must reactor licensees have been able to meet departure from the rationale the be operational around all nuclear power fully the July 1.1981 date for installation Commission used in adopting and plants.The proposed extension is leased of a prompt public notifi-ation system susta!ning the public notification on industry. wide difficulty in acquiring which meets the criteria in 10 CFR 50.47 capability requirement. See Final Rule the necessary eqdpnent, permits, and 50.54. and Appendix E to part 50. The on Emergency lcnning. 45 FR 55402, p
clearances. If adopted the proposal licensees inability to meet the July 1.
55407 (Aug.19,1980). reconsideration would extend the comoliance date for 1981 date has been att'ibuted to the denied. CLI-80-40.12 NRC 638 (1980). It these systems from July 1.1981 to no t nforeseen difficulR.. an.! uncertainties is the Commission's continued judgment later than February 1.1982-surrounding the designing, procuring, that prompt public notification is an DATES: Comment period expires October and intaili g of the prompt notification important consideration in the offsite 21.1981. Comments received after this systems. In establishing the protection of the public in the event of a date will be considered if it is practical tmplementation date, the Commission nuclear accident. This offsite protection to do so, but assurance of consideration was concerned that these factors would of the public includes a number of cannot be gived except as to comments inhibit the ability to comply with a slcrt separate steps-remgnition of the received on or before this date.
schedule and set the July 1981 date with potential severity of the accident by the AnoRasses: Interested personc are this in mind (45 FR 55407).
utility, communication of the perceived invited to submit wJ' ten comments and While licensees
- complianem with the threat to offsite authorities, decision by suggestions on the proposal to the prompt notification requirement has offsite officials on the need for Secretary of the Commission. U.S.
been delayed the L'RC considers that protective action capability to spread Nuclear Regulatory Commission, emergency plans and preparedness have public warning. and actual response by Washington. D.C. 20555 Attention:
significantly improved within the last the public. ne ernergency p!=nning rule Docketing and Service Branch. Copies of year at and around every nu-lear power is premised on reducing to the extent comments received by the Commission plant site.His insignificant possible-and to the extent the NRC can may be examined in the Commission's improvement has been confirmed by regulate 4e time required for and the Public Document Room at 1717 H Street NRC teams who have visited a number uncertainty associated with each step.
NW., Washington, D.C.
of plant sites ta evaluate the *.icensees' Every aspect of the rule. including the FOR FURTHER INFORMATION CONTACT:
compliance with the upgraded prompt notification system. is still Brian K. Crimes. Director. Division of emergency planrdng regulations of required. In changing the Emergency Prepare? ness. Office of August 1980. In addition, the Federal implementation date of the prompt Inspection and Enforcement. US EmergencyManagement Agency public notification capability Nuclear Regulatory Commission.
(FEMA) and the NRC have monitored requirement, the Commission recognizes Wa shington, D.C. 20555 (telephone: 301 numerous nuclear emergency exercises the crentinued need for this requirement 492-4014).
involving State and local governments and cxpec:s all utihties to complete the and the licensees. and again have installation of this system as soon as SU'PtEMENTaRY.hFORM ATION:
witnemd a siginficant improvement on practicable bt no' later than February I.The Proposed Rule onsita and offsite emergency 1.1982. However, the Commission On August 19,1980, the Nuclear preparedness.
Intends to take appropriate enforcement RegulatorfCommission publish?d in the Based on the above Information and action against licensees who did not.
Federal Register (45 FR SM02) on a recognition that there exist prior to July
- 1931, notify the amendments to its regulations (10 CFR customary warning systems [ police.
Commission of their inability to meet Part 50 and Appendix E) concerning the radio, telephone), w'.lich are viewed at the July 1.1961 deadline.
upgrading of emergency preparedness.
sufficiently 6ffective in many postulated The effective date of these regulations accident scenarios, the Commission is Significant licensee performance was November 3,1980. Among other pruposing to defer the implementation strengths and weaknesses are evaluated things the regulations required licensees date of the prompt public notdic stion in the NRC Systematic Assessment of to submit upgraded emergency plans by capability requirement from July 1.1981 Licensee Performance (SALP). The SALP Jandary 2,1981. submit implementing to February 1.1982. In view of the program specifically includes evaluation procedu es by March 1,1981, and abo'e. the Commission finds that there oflicensee performance in emergency implement the emergency plans by April exists sufficient reason to believe that preparedness. Accordir, gly, a licensee's 1.1981.
appropriate protective measures can effods in attempting to meet the July i One element that must be and will be taken for the protection of 1981 date for installing the prompt demonstrated in an acceptable the health and safety of the public in the public notification capability will be a licensee's emergency plan is tnat:
event of a radiological emergency during factor in that licensee's SALP.
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s 46588 Federal Register / Vol. 48, No.182 / Monday, September 21. 1981 / Proposed Rules II. Proposed Application of the Rnal fir.al rule, when efrective, will be 1244.1248 (42 U.S C 5841,58415846), unless Rule applied to ongoing licensing proceedings otherwise noted. Section 50.7a also issued now panding and to issues or under sec.122. 68 Stat. 939 (42 USC 2151).
De Commiss. ion also is proposing 1.1 Secti n 50.7 met also issued under sec.184, this rule that the four-month period for con.tentions therein. Union of Concerned 8 88Y EC 49
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es Stat.m. as amended (42 ust 2234).
correcting deficiencies, provided in Sections 50.10Nio.102 issued under sec.186.
Cir.1974).
5 50.54(s)(2). should not apply to any 68 Stat. 955 (42 U.S.C 2236). For the purposes licensee not in compliance with the Regulatory Flexibility Certification of sec. 223,6a Stat. 858, as amended (42 U.S.C 2273), l 50.41(i) issued under sec.161L pubh.c notification system requirement in accordance with the Regulatory 68 Stat. 949 (42 U.S.C 2201(ill, il 50.70. 50.71, by February 1.1982, the new deadline Flexibility Act of 1980,5 U.S.C. 605(b).
and 50.7a issued under sec.1810. 68 Stat. 950, date. If a licensee is not in compliance the Commission concludes that this rule as amenjed (42 U.S C 2201(o). an I the laws with this requirement by February 1.
will not,if promulgated, have a referred to in Appendicen.
1982, the Commission will consider, significant economic impact on a
- 1.Section IV.E.3 of Appendix E to taking appropriate enforcement actions substantial number of small entities. The Part 50 is revSed to read as follows:
promptly at that time. In determinin8 proposed rule concerns an extension of appropriate enforcement actio.1 to the operational date for public Appendix E-Emertiency Planning and Prepandnen fw Mction and Mzation initiate, the Commission will take into notification systems for nuclear powtr account, among other factors the plants licensed pursuant to Sections 103
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demonstrated diligence of thelicensee and 10ib of the Atomic Energy Act of in attempting to fulfill the prompt public 1954, as amended,42 U.S.C. 2133,2134b.
D Mficauon hedums notification capability requirement. The The electric utility companies owning Commission will consid. r whether the and operating these nuclear power
- 3. A licensee shall have the capability to licensee has kept the NRC informed of plants are dominant in their service
,,y,D e$al sencies wi D
rn i 5 minutes (fie steps that it has taken, when those areas and do not fall within the after declaring an emergency. The licensee stIps were taken and any sigmficant definition of a small business found in shall demonstrate that the State / local problems encountered, and the updated Section 3 of the Small Business Act,15 officials have the capabihty to make a public timetable which the licensee expects U.S C. 632, or within the Small Business notification decision promptly on being will be met in achieving full compliance Size Standards set forth in 13 CFR Part informed by the licensee of an emergency with the prompt public notification 121. In addition, since the amendment condition. By February 1,1982, each nuclear power reactor bcensee shall demonstrate that capability requirements.
extends for one year the date by which administrative and physical means have been with respect to requests for the pubt;c notification systems are to be ed for ert a"
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pt exemptions that NRC has received from operational, the businesses and state
{s u{o p c n
p e nuclear power reactor licensees and local governments involved in the exposure pathway EPZ.The four. month concerning the prompt public manufacture and installation of these period in to CFR 50 54(s)(2) for the correction notification requirement and deadlines.
systems are not economically affected in of emergency plan deficiencies shall not for mstallation and oparational any significant manner. Accordingly, apply to deficiencies in the initiat installation capability, the Commission has decided there is no significant economic impact of this public notification system that is to deny these requests in light of the on a substantial number of small required by February 1,1982. The design proposed exiension of the July 1,1981 entities, as defined in the Regulatory objective of the prompt public notification date. Any hcensee not able to meet the Flexibihty Act of1980.
system shall be to have the capabihty to new deadline date of February 1,198p essentially complete the imtial notification of will be subject to enfcrcement penalties Paperwork Reduction Act Statement the public within the plume exposure after the new date.This provision will Pursaant to the provisions of the
[6wa i$ age w
aoout15 n
p, eliminate unnecessary and costly Paperwork Reduction Act of 1980 (Pub.
from immediate notification of the pubhc admin %tratise actions needed to L 96-511), the NRC has made a (within 15 minutes of the time that State and ransider present exem;; tion requests determination that this proposed rule local offic. !s are notified that a situation that will essentially become moot by the does not impose new recordkeeping, exists requiring urgent action) to the more proposed estension of the July 1,1981 inforniation collection, or reporting hkely events where there is substantial time date. This approach will also permit the requirements.
available for the State and local NRC to focus its consideration upon a Pursuant to the Atomic Energy Act of governmental officials to make a judgment reduced number of noncompliance 1954, as amended, the Energy whether r not to activate the public situations which remain at the time of Reorganization Act of1974, as amended, notification system. Where there is a dec,sw, n t
the new deadhne. It is expected that the and Sec' ion 553 of Title 5 of the United
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,nii most efficient m J NRC resources will States Code, notice is hereby given that activate the emire notification sy stem be schieved by this treatment of present adoption of the following amendment to simultaneously or in a graduated or staged exemption requests relating to the July 1.
10 CFR Part 50, Appendix E is manner. The responsibihty for activating 1981 op'etatianal date requirement.
contemplated.
such a public notification system shall remain if the proposed rule is subsequently with the appropriate govemment authonties.
promulgated as a final rule,it is the PART 50-DOMESTIC UCENSING OF Ccmmission s present intention to make PRODUCTION AND UTil.lZATION it effective immediately upon FACILITIES Dated at Washington. D.C., this 1Sth day of publication, pursuant to 5 U.S.C.
September 1981.
553(d)(1). since the rule is expected to The authority citation for Part 50 For the Nuclear Regulatory Commission relieve the obligation of certain reads as rollows:
Sa d hiA licensees with respect to the p:esent Authority: Secs. 103,104,161.182.183.189' Secutary ofthe Commission.
July 1,1981 deadline for operational 68 Stat. 936 937,948. 953. 954. 955. 956, as pubbc notification systems. In that amended (4? U.S.C.1133. 2123. 2201,2232.
I" D" "-rms m m us =1 regard, the Commission notes that the 2233. 2239); secs. 201,202. 206. 88 Stat.1243,
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.s UNITED STATES NUCL SAR REGULATORY COMMISSION WA$HINGTON. 0.C. 20555
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