ML20035C308

Forwards Draft Proposed Rule Amending 10CFR50,App E to Update & Clarify Emergency Planning Exercise Requirements, for Review & Comment Prior to Publishing in Fr

ML20035C308
Person / Time
Issue date:	02/19/1993
From:	Congel F Office of Nuclear Reactor Regulation
To:	Moreland J Federal Emergency Management Agency
References
NUDOCS 9304070034
Download: ML20035C308 (20)

Text

February 19, 1993 Joseph A. Moreland Assistant Associate Director Office of Technological Hazards Federal Emergency Management Agency 500 C Street, S.W.

Washington, D.C.

20472

Dear Mr. Moreland:

Enclosed for your review and comment is a copy of a proposed rule to be published in the Federal Reaister that amends 10 CFR Part 50, Appendix E, to update and clarify emergency planning exercise requirements.

The NRC, in consultation with the Federal Emergency Management Agency (FEMA),

amended its emergency planning regulations in July 1984 (49 FR 27733) to relax the frequency of participation by State and local governmental authorities in emergency preparedness exercises at nuclear power reactor sites based on the experience gained in observing and evaluating exercises since'1980.

Further experience has shown that the requirements in 10 CFR Part 50, Appendix E, Section IV.F.3 on full or partial participation by State or local governments in the biennial (offsite) exercise are unnecessarily complicated. Addition-ally, the Commission believes that the interval for an ingestion exposure pathway exercise should be changed from 5 to 6 years, and that the requirement that all states within the plume exposure pathway EPZ for a given site fully participate in an offsite exercise for that site once every 7 years should be deleted. Both changes will assure compatibility with FEMA requirements and thus avoid confusion among licensees and State governments.

We would appreciate a review by FEMA of the proposed rule change on exercise requirements. The proposed rule will be revised to incorporate any FEMA comments and to reflect the NRC consultation with FEMA on the rule change prior to publishing in the Federal Reaister. The NRC staff contact for this matter is Falk Kantor of the Emergency Preparedness Branch (301-504-2907).

Sincerely, Original Signed By Frank J. Congel, Director Division of Radiation Safety and Safeguards Office of Nuclear Reactor Regulation

Enclosure:

As stated DISTRIBUTION Central Files EButcher PCota PDR LJCunningham MJamgochian PEPB R/F PMcKee FCongel PEPB Staff

/

0FC SCE: 4PB:NRR C:PF# :NRR D:DRSS:NRR n

FKhi):jc RAYrkkNi FJCongel k

NAME DATE

'l /l$/93 1 /19/93 7./)9/93 i

I 0FFICIAL RECORD COPY OM%

l DRIVE / DOCUMENT NAME: A:\\KANTOR\\MORELAND.LET O j

j j.[g

$og'dR"g{'RY C3E.MS i

e s

7...,

i-4 -

[7590-01)-

?

.3 e

ENCLOSURE 1 FEDERAL REGISTER NOTICE OF PROPOSED RULEMAKING t

.a r

I P

v

'f

[

4[

n2

[7590-01]

ENCLOSURE 1 NUCLEAR REGULATORY COMMISSION 10 CFR Part 50 i

Production and Utilization Facilities; Emergency Planning and Preparedness AGENCY:

Nuclear Regulatory Commission.

ACTION:

Proposed Rule.

SUMMARY

The Nuclear Regulatory Commission (NRC) is considering revising its emergency planning regulations in 10 CFR Part SG, in 1

order to update and clarify exercise requirements.

1 i

DATES:

The comment period expires 75 days after publication in the Federal Reaister.

Comments received after [end of comment * ~

period) will be considered if practical to do so, but only those I

comments received on or before this date can be assured of consideration.

ADDRESSES:

Comments may be sent to the Secretary of the Commission, Attention, Docketing and Service Branch, U. S.

1 1

e 4

l-.

[7590-01]

Nuclear Regulatory Commission, Washington, D.C.

20555, or may be hand-delivered to One White Flint North, 11555 Rockville Pike, Rockville, MD 20852, between 7:30 a.m. and 4:15 p.m. Weekdays.

Copies of comments received may be examined at the Commission's Public Document Room at 2120 L Street N.W., Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Michael T. Jangochian, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, D.C.

20555, Telephone (301-492-3918).

SUPPLEMENTARY INFORMATION:

On August 19, 1980, the NRC published revised emergency planning regulations which became effective on November 3, 1980 (45 FR 55402).

On July 6, 1984, the NRC amended its emergency planning regulations (49 FR 27733) to relax the frequency of participation i

~

by State and local governmental authorities in emergency preparedness exercises at nuclear power reactor sites based on the experience gained in observing and evaluating emergency preparedness exercises since 1980.

Further experience has shown that the requirements in 10 CFR Part 50, Appendix E, Section

{

IV.F.3 on full or partial participation by State or local governments in the biennial (offsite) exercise are unnecessarily l

2

1 i

[7590-01) complicated.

Additionally, the Commission believes that the interval for an ingestion exposure pathway exercise should be

-i changed from 5 to 6 years, and that the requirement that all I

states within the plume exposure pathway EPZ for a given site fully participate in an offsite exercise for that site at least once every 7 years should be deleted.

The Commission finds that the regulation has resulted in a relatively complicated description of the requirements for exercise participation by State and local governments who have offsite planning respo,nsibility for more than one nuclear power plant.

This includes a scheme of " full" and " partial" participation that becomes very complicated when a State or local government is within the plume exposure pathway EPZ of more than two nuclear power plants.

This rulemaking would simplify and I

clarify this requirement.

In addition, Appendix E is to be revised to reflect that the interval for an ingestion exposure

{

~

pathway exercise be changed from at least once every 5 years to at least once every 6 years.

This matches the biennial frequency i

required for exercises of offsite plans.

Further, Appendix E is also revised in order lo eliminate the 7 year return frequency l

l requirement because it has proven to be unnecessary to achieve the underlying purpose of the rule as well as being burdensome to states which are within the plume exposure pathway for multiple sites.

Both changes vill assure compatibility with FEMA 3

?

l i

e*

i h

[7590-01]

requirements and thus avoid confusion among licensees and State governments.

r

-The Commission codified the 7 year return frequency in the July 6, 1984 (49 FR 27733) amendment'to the emergency planning regulations which provides that at least once every 7 years, all I

i states within the plume exposure pathway EPZ of a given site must fully participate in an offsite exercise for that site.

In so doing the Commission noted that "the final rule is not. totally consistent with FEMA's final regulation (44 CFR Part 350).

This inconsistency lies in the area of return _ frequency of multiple-

]

site states as previously discussed.

The FEMA position on return frequency is a significant departure from the NRC's proposed regulation (48 FR 33307) dated July 21, 1983.

The Commission believes that more study is needed before deletion of the return-frequency require =ent can be justified".

i The Commission now believes that sufficient experience has bee.n gained in the observation and evaluation of emergency

[

preparedness exercises at nuclear power reactor sites to conclude i

that the 7 year return frequency can be deleted.

t l

The Commission has found that multi-site states, when not fully l

participating in an exercise at a specific site usually partially participate at a significant level of activity every 2 years at 4

i t

w

~

\\

[7590-0))

1 that specific site in order to support the participation of the appropriate local governments.

The Commission has found that this level of exercise participation provides adequate emergency response training for State and local governments.

Additionally, f

a provision still exists in the regulation which permits State or local government participation in the licensee's annual exercise.

A State or local government may consider its response capability to be less than optimal because of an unusually large personnel turnover or because there have been limited responses to real i

emergences in the commn ity.

The regulation still requires the i

licensee to provide for State or local government participation I

if they indicate such a desire.

This proposed revision would not f

have any adverse impact on public health and safety because State emergency response personnel continuously respond to actual i

emergencies and experience has shown that states through a l

combination of full and partial participation exercises maintain an adequate level of response capability.

A formal requirement-for a state to return to a specific site every 7 years to participate in an exercise has proven to be unnecessary.

This.

rulemaking would delete thet unnecessary, unwarranted and burdensome requirement.

l i

l

-i 5

l i

l

[7590-01)

FINDING OF NO SIGNIFICANT ENVIRONMENTAL IMPACT:

AVAIIABILITY The Commission has determined under the National Environmental Policy Act of 1969, as amended, the Commission's regulations in l

Subpart A of 10 CFR Part 51, that this rule, if adoptedr-would not be a major Federal action significantly affecting the quality of the human environment; and therefore, an environmental impact statement is not required.

The proposed rule is directed toward updating and clarifying the emergency planning regulations relating to exercises.

It does not involve any modification to any plant or revise the need.for or the standards for emergency plans, and there is no adverse effect on the quality of the environment.

The environmental assessment and finding of no significant impact on which this determination is based are dvailable for inspection at the NRC Public Document Room,.2120 L Street, N.W., Washington, D.C.,

lower level.

Single copies are available without charge upon written request from NRC.

DistIAbution Section, Office of Information Resources Management, l

USNRC, Washington, D.C.

20555.

~

?

PAPERWORK REDUCTION ACT STATEMENT l

The proposed rule does not contain information requirements that

-l are subject to the Paperwork Reduction Act of 1980 (44 U.S.C.

5 3501 et seq.).

Therefore, this rule will not be submitted to the l

i 6

I

[7590-01]

office of Management and Budget for review and approval of the paperwork requirements.

REGULATORY ANALYSIS i

The Commission has prepared a regulatory analysis on this proposed regulation.

The analysis examines the costs and benefits of the alternatives considered by the Commission.

The analysis is available for inspection in the NRC Public Document-Room, 2120 L St.,

NW.,

Washington, D.C.

20036.

Single copies of-the analysis may be obtained from Michael Jamgochian, Office of Nuclear Regulatory Research, U.S.

Nuclear Regulatory Commission,.

Telephone:

(301) 492-3918, Washington, D.C.

20555.

BACKFIT ANALYSIS This amendment does not impose any new requirements on production or utilization facilities.

The amendment would delete the

'~

requirement that all states within the plume exposure pathway EPZ for a given site fully participate in an offsite exercise-for r

that specific site at least every 7 years.

It also relaxes the requirement to perform an ingestion exposure pathway exercise from every 5 years to every 6 years.

These changes would permit, but do not require, licensees to change their emergency plans and 7

i

L

[7590-01) procedures.

Therefore, these changes are not considered backfits as defined in 10 CFR 50.109 (a) (1).

REGULATORY' FLEXIBILITY ACT CERTIFICATION The proposed rule will not have a significant impact on a substantial number of small entities.

The proposed rule will update and clarify ambiguities in the emergency planning regulations relating to exercises.

Nuclear power plant licensees do not fall within the definition of small business in Section 3 of the Small Business Act, 15 U.S.C.

5 632, the Small Business Size Standards of the Small Business Administration in 13 CFR Part 121, or the Commission's Size Standards published at

_)

50 FR 50241 (Dec.

9, 1985).

Therefore, in accordance with the Regulatory Flexibility Act of 1980, 5 U.S.C. 5 605(b), the l

Commission hereby certifies that the proposed rule, if promulgated, will not have a significant economic impact on a I

substantial number of small entities and that, therefore,_a

~

regulatory flexibility analysis need not be prepared.

LIST OF SUBJECTS IN 10 CFR PART 50

)

1 Antitrust, Classified Information, Fire Prevention, Incorporation by Reference, I..tergovernmental Relations, Nuclear Power Plants 8

-)

+...,-,

[7590-01).

and Reactors, Penalty, Radiation Protection, Reactor Siting-Criteria, Reporting and Recordkeeping Requirements.

For the reasons set out in the preamble, and.under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C.

553, the NRC is proposing to adopt the following amendment to 10 CFR Part 50:

b

[

?

t l

._._1 j

r i

h

[7590-01]

[

PART 50 - DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES i

1.

The authority citation for Part 50 continues to read as follows:

Authority:

Secs. 102, 103,.104, 105, 161,.182, 183, 186, 189, 68 Stat. 936, 937, 938, 948, 953, 954, 955, 956, as amended, sec. 234, 83 Stat. 1244, as amended (42 U.S.C.

2132, 2133, 2134, 2135, 2201, 2232, 2233,-2236, 2239, 2282):

secs. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C.

5841, 5842, 5846).

Section 50.7 also isEued under Pub.

L.95-601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851).

Section 50.10 also issued j

under secs. 101, 185, 68 Stat. 936, 955, as amended (42 U.S.C.

2131, 2235), sec. 102, Pub. L.91-190, 83 Stat. 853 i

(42 U.S.C. 4332).

Section 50.13 and 50.54 (dd) also issued under sec. 108, 68 Stat. 939, aus amended (42 U.S.C. 2138).

Sections 50.23, 50.35, 50.55, and 50.56 also issued under

-l sec. 185, 68 Stat. 955 (42 U.S.C. 2235).

Sections 50.33a, 50.55a and Appendix Q also issued under-sec. 102, Pub..L 91-190, 83 Stat. 853 (42 U.S.C.

4332).

Sections 50.34 and 50.54 also issued.under sec. 204, 88 Stat. 1245 (42 U.S.C.

5844).

Sections 50.58, 50.91, and 50.92 alsoLissued under Pub. L 97-415, 96 Stat. 2073 (42 U.S.C. 2239).

Section-50.78 also issued under sec. 122, 68 Stat. 939 1

10 l

.i

[7590-01]

(42 U.S.C. 2152).

Sections 50.80 through 50.81 also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234).

Section 50.103 also issued under sec. 108.68 Stat. 939, as.

amended (42 U.S.C.

2138).-

Appendix F also issued under sec.

t 187, 68 Stat. 955 (42.

U.S.C. 2237).

For the purposes of sec. 223, 68 Stat 958, as amended (42 U.S.C. 2273):

5 5 50.10 (a), (b), and (c) 50.44, 50.46, 50.48, 50.54, and 50.80(a) are issued under sec. 161b, 68 Stat.

948, as amended (42 U.S.C. 2201(b): 55 50.10(b) and (c) and 50.54 are issued under sec. 1611., 68 Stat. 949, as amended (42 U.S.C.2201(i); and 55 50.55(e), 50.59(b), 50.70, 50.71, 50.72, 50.73, and 50.78 are issued under sec. 161o., 68 Stat 950 as amended (42 U.S.C. 2201(o).

i 2.

10 CFR Part 50, Appendix E is revised to read as follows:

IV.-F.

TRAINING 1

The program to provide for (1) the training of employees and I

exercising, by periodic drills, of radiation emergency plans to ensure that employees of the licensee are familiar.with their f

specific emergency responce duties, and (2) the participation in I

the training and drills by other persons whose assistance may be needed in the event of a radiation emergency shall be described.

t 11 i

O

[7590-01]

This shall include a description of specialized initial training and periodic retraining programs to be provided to each of the following categories of emergency personnel:

Directors and/or coordinators of the plant emergency a.

organization; b.

Personnel responsible for accident assessment, including control room shift personnel; c.

Radiological monitoring teams; d.

Fire control teams (fire brigades);

e.

Repair and damage control teams; f.

First aid and rescue teams;

~

g.

Medical support personnel; h.

Licensee's headquarters support personnel; i.

Security personnel.

12

^~ "

4

[7590-01]

In addition, a radiological orientation training-program shall be made available to local services personnel; e.g.,

local-emergency services / Civil Defense, local law enforcement personnel, local news media persons.

-v 2

The plan shall describe provisions for the conduct of emergency preparedness exercises as follows:

Exercises shall test the adequacy of timing and content of implementing procedures and methods, test emergency equipment and communications networks, test the public notification system, and l

ensure that emergency organivstion personnel are familiar with their duties.3

[

a. 4r A full participation' exercise which tests as much of -

the licensee, State and local emergency plans as is a

reasonably achievable without mandatory public 3Use of site specific simulators or computers is acceptable for any exercise.

I

'" Full participation" when used in conjunction with emergency preparedness exercises for a particular site means -

v appropriate offsite local and State authorities and licensee ~

personnel physically and actively take part in testing their integrated capability to adequately assess and respond to an accident _at a commercial nuclear power plant.

" Full participation" includes testing the major observable portions of i

the onsite and offsite emergency plans and mobilization of state, local and licensee personnel and other resources in sufficient numbers to verify the capability to respond to the accident scenario.

Offsite authorities should rotate their full participation in exercises amono various sites.

13 l

~,,

[7590-01]

participation shall be conducted for each site at which a power reactor is located. for which the first operating licen 0 for that site in i: Cued cfter Gu4y 10, 2002.

This exercise shall be conducted within two years before the issuance of the first operating license for full power (one authorizing operation above

+

5% of rated power) of the first reactor and shall include participation by each State and local government within the plume exposure pathway EPZ and each state within the ingestion exposure pathway EPZ.

If the full participation exercise is conducted more than one year prior to issuance of an operating licensee for full power, an exercise which tests the i

licensee's onsite emergency plans shall be conducted within one year before issuance of an i

operating license for full power.

This exercise need not have State or local government participation.

i

b. er Each licensee at each site shall annually exercise-the onsite its emergency plan.

2.

Each licen ce 3t cach cite chall exercice with offsite cuthoritic such that the Ct tc cnd local gcVernacnt crcrgency plan for cach operating-reacter cite arc i

exercised biennially,. tith full cr partial

-l 14 1

4 e

b 4

6 I

i 9

[7590-01]

1 4

m

_. : _,m

.,_m

-mm

_m..m_m_mm.m

,.m,_

ywA w 4 w A yu w a wa s vwwww wa su awwwe y v v w e a ssu w a a w w j n a waa643 mumm

_..-m

--Sk.....

en, es-6.

-ma imm-1

&L.

mi.. - - wnyvw wa w yu wa a w w g usaae wwuww w a aw avwwa waaw yawau-i

&boe L-..a r..ii..

m=

6EmIm bmJ fm Ja lme 9Cu.--mmmm6-v w s a a su w a a w w waaww aswww

• waag yus w4waywwww 44a w

j waasw sm 4 Lim um EKefw.:m.

mmm nm+ mum _,

,nne, m i.

.c.., 1. g..

m ww w a s aw w wvwvuw

.-ww u.w

.yau.w wm w.

--mm--mammm.

...m-tamm mm

--. am: --+m em w.iwa y wa m..

pswywawwaawww wnwsvawww wa s u

---

mmmwg yws wawaywww 4aa 5

LImmm dmi e - a -.. m m m..

• km i n..mi me --

6Imlm bImm mb 19 w 4 w a ss a a u a a s w gww a awg e saaw awv we va ywa w A w ayu wa va a waawee c m 19 m.

L.

~~

svaav-we ww we

/%

O&-em h il

- b 1A-mM m--6 91e.

m.-b m

--6m m

Tw o j wwwww waawaa ww awwww ywh -wawaag yue wAwaywww eaa m-mu m a r 4 4..

mum-mJ-m m..m...

m... - -,

wwwas-vsswaww wnwswaww ww weg w

gwuswa I

2m 6.

-6 i

m-6 mmm IL s S.

e&-+m k 19 c. 1 1..

mm Awaywww 6as ww Awwww v a su as wwwww weawa4 swaag yw gue j mero

&m mom-mi

,-m m.....

m

..m---

vsawaww wnwAwaww ww wsg 6

gww-we m..m-..

m... - -

mi i es-s--

.. &L2m sk-1.

s 96 9

-m*

mmmm ww a j saw Awwww va aw w wAJ gwussp w44 wwwwww n4wa444a waaw gw wnyvwwaw yu wa s n wy wa sa Avs m 2..m 2&m m..-&

-m

...,....m m&k....

ens em-w y a v wa a weww so w w w 5

auw r. 1 1.. -- St

--+-

im

-- mer

• +m mum-mi rce.-

SL-6 Awaag ywh wwwaywww Asa was whew 4ww wnwAwoww--

weau w

+ m ent-i 3m..mi mum--

c. 1 1 mwewwa 4444w wnwA waww sa w w w wwww asawway w swea m-h

_Im-6 mm h..

mbm Mb bhm im-i.

mm..m---Aw s s eauw a a w w

..w a wa s a a s waaw ywa w 4 w a yw w a w a a as y awww yvv m3..ma

--Mht y 4 u a.. w wnyvwusw yw was n u g... eDI m.sm ase..

m wa sae i

Tu. j a ws w4wa yw s w a w ayu w a va s ug 9-9 mm..--m-mms A..

IA s n--+

-1 mm

& imam-+ 4mm k..

mm w

avwwa yvv wA a aaa w a a w w w + 4 a ay arr:+m mum-mi rm.

4+m 4-

---mm&-Lim ami..

-m wwwwywwuaw vsaag wasvsawaww wnwawaww

1. vs w

we ww aw J-

c. 9 9..

m.ms2 4-6 2mm

..k-m

&S. i mm D... - -

v i4 w a a wa a w aww v we a aauw aw 6 waag yw s w o w a yu w a s ay 4m

- u mm : - i m..--m: -m

-+

---+wm-tum ass u

v a w a aa a a w a ws.wawaww ww w a a v vaaw s waww=

15 1

i I

__y_

[7590-01) g.d.

Offsite olans for each site shall be exercised biennially with each offsite authority havina a role under the plan.

Where the offsite authority has a role under more than one radiolocical response plan it shall fully rarticipate in one exercise everv two years and shall, at least, partially participates in other offsite olan exercises, in such period, d.fet Each State within any ingestion exposure pathway EPZ shall exercise its plans and preparedness i

related to ingestion exposure pathway measures at least once every 5 1 years.

e.fft Licensees shall enable any State or local government located within the plume exposure pathway EPZ to participate in annual exercises when requested by such State or local government.

1 4v Remedial exercises will be required if the emergency plan is not satisfactorily tested during 5" Partial participation" when used in conjunction with emergency preparedness exercises for a particular site means i

appropriate offsite authorities shall actively take part in the exercise sufficient to test direction and control functions; i.e.,

(a) protective action decision making related to emergency action levels, and (b) communication capabilities among affected State and local authorities and the licensee.

i 16 1

l t

i

[7590-01) the biennial exercise, such that NRC, in i

consultation with FEMA, cannot find reasonable assurance that adequate protective measures can be taken in the event to a radiological emergency.

The extent of State and local participation in f

remedial exercises must be sufficient to show that appropriate. corrective measures have been taken t

regarding the elements of the plan not properly t

tested in the previous exercises.

g.Gr All training, including exercises, shall provide l

t for formal critiques in order to identify weak or t

deficient-areas that need correction.

Any weaknesses or deficiencies that are identified shall be corrected.

f h.6r The participation of State and local governments in an emergency exercise is not required to the

+

extent that the applicant has identified those governments as refusing to participate further~in l

't emergency planning activities, pursuant to 10 CFR 50.47 (c) (1).

In such cases, an exercise shall be held with the applicant or licensee and such governmental entities as elect to participate in f

the emergency planning process.

}

17 l

i

o I

[7590-01).

Dated at Rockville, Maryland, this day of

, 1993-I for the Nuclear Regulatory Commission.

~

s i

i

~ James M. Taylor Executive Director for Operations T

t t

i i

a i

j 1

s i

I i

i

..l 18 i

.)

.