ML20049H967
| ML20049H967 | |
| Person / Time | |
|---|---|
| Site: | 05000000, Indian Point |
| Issue date: | 02/12/1982 |
| From: | Perkins K NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| To: | Varga S Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML20049H237 | List: |
| References | |
| FOIA-82-216 NUDOCS 8203090531 | |
| Download: ML20049H967 (15) | |
Text
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g, We Y F UNITED STATES 8 y r,7 y i NUCLEAR REGULATORY COMMISSION
- .l, g /.,
WASHINGTON, D. C. 20555 g% f February 12, 1982 Docket Nos. 50-003/,247/286 ftEMORANDUM FOR:
Steven Varga, Chief Operating Reactors Branch #1.
Division of Licensing Office of Nuclear Reactor Regulation FROM:
Kenneth E. Perkins, Acting Chief.
Incident Response and Developisen't Branch Division of Emergency Preparedness Office of Inspection and Enforcement
SUBJECT:
LICENSEE'S REQUESTS FOR EXEMPTION FROM PROMPT NOTIFICATION SYSTEM DEADLINE 30, 1981, the Commission approved the final rule changing Effective December the deadline for implementation of a Prompt Notification System to February 1, PASNY and Con Edison have requcsted a partial and limited exemption 1982.
from this rule for the Indian Point facility.
For the reasons given in the i
attached responses, we propose that it be denied.
I hereby request that you forward the enclosed responses to the licensee as soon as_possible.
v
)
Kenneth E. Perkins, Acting Chief Incident Response and Development Branch Division of Emergency Preparedness Office of Inspection and Enforcement i
Enclosure:
Draft Letters to Con Edison and PASNY with Attachment l
h3I
-gj
.A Docket Nos. 50-003/247 Consolidated Edison Company of-tew York, Inc.
ATTN:
John D. O'Toole Vice President 4 Irving Place New York, NY 10003
. ~
Dear Mr. O'Toole:
This is in response to your January 29, 1982 letter, requesting an exemption
- f. rom the February 1,1982 deadline for implementation of your prompt notification i,
system.
The final rule establishing this deadline, which became effective December 30, 1981, does not specifically address reauests for exemption or relief from the February 1,1982 implementation date.
However, pursuant to 10 CFR 650.12, your request for exemption was determined not to be meritorious.
As noted in the proposed rule (46 FR 46587), the Commission stated that, in its judgment, prompt public notification is an important consideration in the offsite protection of the public in the event of a nuclear accident.
The emergency planning rule is premised on reducing, to the extent possible and to the extent the NRC can regulate, the time required for and the uncertainty associated with each step in the prompt public notification process.
Therefore, timely implementation of a prompt notifi-cation system is~ considerbd to be ' beneficial to the health and safety of the public.
(See 46 FR 46587 & 46 FR 63031 for additional information).
In view of the forgoing, it has been determined that granting an extension of time would not be in the public interest.
r r
Consolidated Edison Cenpany -
of New York. Inc.
However, the Commission recognizes that there may be mitigating circumstances beyond your control that should be weighed in determining what enforcement action should be taken.
Specifically, these considerations are:
(1) whether the licensee demonstrated diligence in attempting to fulfill the reouirements; (2).whether or not the NRC..was. kept informed of the steps taken to fulfill the requirements of the rule; (3) when those steps were taken, and any significant problems encountered; and (4) an updated timetable established to achieve full compliance with the prompt public notification capability requirement.
The information you have provided, in this and previous correspondence, will be taken into consideration in determining appropriate enforcement
- action, t
' \\.
Sincerely, Darrell G. Eisenhut, Director l
Division of Licensing Office of Nuclear Reactor Regulation i
i i
Enclosures:
1.
46 FR 46587 2.
~
e
Federal Register / Vol. 46. No.182 / Monday. September 21, 1981 / Proposed Rules 46597 By JJy 1. 881. the nue: ear pcwer reacter the extended time period for to CFR Part 50 heensee shall demonstrate that compliance.
administratis e and physical means have been De Commission. decision to defer Emergency Planning and estabbshed for a:emns ar.d prceding prompt the date for requiring full a
Preparedness for Production and instructions to the pubbe mthin me plarne Utilization Facilities eiposue pathw ay EPZ.ne design objectis e implementation of the prompt pub!ic AGENCY:Ncc! car Regulatory sMt be to haie 6e capab&y 'o essentia!!y not:fication capability requirement was cernpicte the imtainotf.catien of the pubhc made,as desenbed above after Commission-mthm the plume exposa.e pa$way EPZ additional consideration of industry-ACTioM: Notice of proposed rulemakir*g.
within about 15 minutes.
wide difficulty in acquiring the SUM M ARY:The Nuclear Regulatcry The NRC st.aff has avalueled the level necessary equipment. permits, and Co:r 'ssion 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 fundamental 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 based of a prompt public notificatiott system sustaining the public notification on industry-wide difficulty in acquiring which meets the criteria in 10 CFR 50.47, capability requirement. See Final Rule on Emergency lanning. 45 FR 55402, p
the necessary equipment, permits, and 50.54. and Appendix E to Part 50.The clearances. If adopted the proposal licensees inability to meet the July 1.
55407 ( Aug.19.1980). reconsiderofion would extend the compliance date for 1981 date has been attributed to the denied. CLf-80--80,12 NRC 636 (1980). It these systems from July 1.1961 to no unforeseen difficulties and uncertainties is the Commission's continued judgment later than February 1.1982-surrounding the designing. procuring.
that prompt public notification is an -
0Ates: Comment period expires October and insuFi+g of the prompt notincation important consideration in the offsite 21,1981. Comments received after this systems,in establishing the protection of the public in the event of a nuclear accident.This offsite protection date will be considered if it is practical Implementation date, the Commission 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 enmply with a short separate stepe-recognition of the received on or before this date.
schedule and set the July 1981 date with potential severity of the accident by the Acoatsses: Interested persons are this in mind (45 FR 55407).
utility, communication of the perceived invited to submit written comments and While licensees' compliance with the threat to offsite authorities, decision by suggestions on the proposal to the prompt notiacation requirement haa offsite officials on the need for Secretary of the Commission. U.S.
been delayed, the NRC considers that protective action, capability to spread l
Nuclear Regulatory Commission, emergency plans and preparedness have public warn!ng, and actual response by Washington. D.C. 20555. Attention:
significantly improved within the last the public.The emergency ptanning rule Docketing and Service Branch. Copies of year at and around every nuclear power is premised on reducing to the extent comments received by the Commission plant site.This insigniScant possible-and to the extent the NRC can may be examined in the Commission's improvement has been conarmed by regulate-the 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 to evaluate the licensees' Every aspect of the rule, including the Compliance with the upgraded prompt notiacation system. is still FOR FURTNER INFORMATION CO*rrACTt emergency planning regulations of required. !n 4=ndne the Brian K. Crimei. Director. Division of August 1980. In addition, the Federal implementation date of the prompt Emergency Preparedness. Office of EmergencyManagement Agency public notification capability inspection and Enforcement. U.S.
(FEMA) and the NRC have monitored requirement, the Commission recognizes Nuclear Regulatory Commission.
numerous nuclear emergency exercises the continued need for this requirement Washington, D.C. 20555 (telephone: 301 involving State and local govemments and expects all utilities to complete the l
492-.4614).
and the licensees, and again haVe installation of this system as soon as
$UPPt.EMENTARY INFORM ATION.
witnessed a siginficant improvement on practicable but not later than February I.The Proposed Rule ensite and offsite emergency 1.1982. However, the Commission I
intends to take appropriate enforcement l
On August 19.1980.the Nuclear preparedness, Based on the above information and action against licensees who did not.
I
' Regulatory Commission published in the on a recognition'that there exist prior to July 1.1981. notify the Federal Register (45 FR 55402) customary warning systems (police.
Coc: mission of their inability to meet amendmenta to its regulations (10 CFR Part 50 and Appendix E) concerning the radio, telephone), which are viewed as the July 1.1981 deadline.
upgrading of emergency preparedness.
sufficiently effective in many postulated The effective c.te of these regulations accident scenarios. the Commission is Significant licensee performance was November 3,1980. Among other proposing to defer the implementation strengths and weaknesses are evaluated in the NRC Systematic Assessment of things, the regulations required licensees date of the prompt public notiacation Licensee Performance (SALP). The SALP capability reqmrement from July 1.1981 to submit upgraded emergency plans by - to February 1.1982. In view of the program specifically includes evaluation jandary 2.1981, submit implementing above. the Commission finds that there oflicensee performance in emergency procedures by March 1.1981. and exists sufHcient reascn to believe that preparedness. Accordingly, a licensee's implement the emergency plans by April efforts in attempting to meet the July'1.
appropriate protective measures can 1.1981.
and will be taken for the protection of 1961 date for installing the prompt demonstrated in an acceptable the health and safety of the public in the public notification capability will be a One element that must be licensee's emergency plan is that:
event of a radiological ernergency during factor in that licensee's SALP.
1 e
i 3 583 Federal Resister / Vol. 46. No.182 / Monday. September 21. 1961 / Proposed Rules posed Applic.: tion of the Final final ru!e. when effective, will be 1:44.1:45. (4:U.S C. 5541. W2 mcl. unless app!!ed to engoing licensing proceedings c$erwise nc ed.Secten M.rt alsoissued now pending and to issues cr under sec.10. 56 Stat. 939 (4: U.S C. 215:1,
&!s n,Corrunisslen also is propcsing incententiens therein. Unica of Cence.ned The Se: tion Sc.mso si a'so inued under sec.164.
e that de four.menth period for ca Stat SR u a:end (42 ES C.n541
- Trg de f.c:er.cies. ;rovided in 3",,* g/sts v. AEC 499 F " *'C 59 (D.C-h-t Sectens snz-:cicissued under ne 12.
4I l !.: MM:). shcu!d net apply to any N Stat.515[4: U.S C. n25). F:: de pur;ctes
".censee not L. ccmpliance with the" Regu!atory FledbiIity Certification cf uc. r3.M Stat SE as sunded [42 U.S.C. =r3). I 50.41i.1:ssued under sec.16:1 u..ic notification system requirement In accordance with the Regulatory t,3 Stat. 549 (4 U.S.C. 201(i)); il 50.ro. 50J1.
.,) February 1. Ice 2. the new deadline Flexib:hty Act of1980.5 U.S Q'.Ec3(b).
ar.d so.it issued under sec.1sto. 58 Stat.s50.
date. lf a licensee is not in compliance the Commission concludes thal this ule as amer:ded (42 U.S C. Oc1(o), and the law s i
wt.h this requirement by February 1.
will not,if promulgated, have a referred toin Appendices.
1942. the Comrnisslon will consider significant econcmic impact on a
- 1.Section IV.D.3 of Appendix E to taking apprcpriate enforcement actiens substantial number of small entities. The Part So is revised to read as follows:
pro =ptly at that time. In determmmg proposed ru!e cortcerns an extensictrof appropriate enforcement action to the operational date for public Appendix E-Tmergeocy Planning and Prepan ness for Production and Utilization initiate, the Ccmmissien will take into notification systems for nuclear power account, among other factors, the p]snts licensed pursuant to Secuens 103 demonstrated diligence of thelicensee and IMb of the Atemic Ene.gy Act ef in attempting to fulfill the prompt public 1954, as amended. 42 U.S C. 2133,2134b..,
D A*c@ den Muhs notification capability requirement. The The electric utility companies owning Commission will consider whether the and operating these nuclear pcwer
- 3. A licesn shall hase the capabihty to licensee has kept the NRC informed of a! ants are dominant in their serdce n4 rup niible State and local 8 """I ' 8 ""
"
- 3 *i""'"
if.e steps that it has taken, when those areas and do not fall within ete b
ste;s w:: tain a.3 any sign!!!:snt definiden cf a smal; business feu..d 3 N((j
,'cN.I[."e 2[$e"[1 o)"'"
problems encountered. and the updated Section 3 of the Small Business Act.15 ofncials have the capabihty to make a public tirnetable which the licensee expects U.S.C. 632, or within the Small Business noti 5 cation decision prem;tly on being wn! be met in achieving full compliance Size Standards set forth in 13 QFR Part informed by the licensee of en emersency
' with the prompt public notification 121. In addition, since the amendment condition. By February 1.1962. each nuclear capability requirements, extends for one year the date by which power reactorlicensee shalt de:nonstrate that F ysical mans han bun h
a mms "2
"th respect to requests for the public notification systems are to be ettablished for alerting and providing prompt g
- tions that NBC has received ficm operational, the businesses and state E
(
.a. power reactcr licensees and local governments involved in the
' #",' ["' h 'y p u a e
t.
o th concerning the prompt public manufacture and installation of these penod in to CFR So 54(s)(2) for the correction notification requirement and deadlines,
systems are not economically affected in of emergency plan deficiencies shall not for mstallatien and operational any significant manner. Accordingly, apply to deficiencies in the initial lnstallation capability, the Commission has decided there is no significant economic impact of this public notification system that is to deny these requests in light of the on a substantial number of small required by February 1.1962. The design pr:pcsed extension of the July 1.1981 entities, as defined in the Regulatory cbjectise of the prompt public noti 5 cation date. Anylicensee noLab!e to meet the Flexibihty Act of 1980.
system shallbe to have the capability to new deadline date of February 1.1982 essential?y co=plete the ini!!al notification of will be subject to enforcement penalties Paperwork Reduction Act Statement the public within the plur.:e exposure jI c$* p'abil i!!
l after the new date. This provision will Pursuant to the provisions of the y
ge ehmtnate unnecessary and costly Paperwcri Reduction Act of1980 (Pub.
from i= mediate nou5 cation of the pubhc ad.-.in'strative actions needed to L 96-511). the NRC has made a (within 15 minutes of the time that State and censider pitsent exemption requests determination that this proposed rule lccal officials are nonfied that a situation j
dat will essentially become moot by the does not impose new recordkeeping, exists requiring urgent action) to the more prepcsed extensien of the July 1.1981 information collection or reperting Lkely events where there is substantial time date. This approach will also permit the requirements.
availab e for t'e State and local NRC tifocus its consideration upon a Pursuant to the Atomic Energy Act of gevemmental c'ficials to make a judgment reduced number of noncompliance 1954, as amended, the Energy whether or not to acuvate the public
"'I$ D *" 'I'
l situatiens which remain at the time of Reorganization Act of1974, as amended.
' 'g'j'[,'j,7$j,)ij[,7[ngn,'*[thr'to
[n the new deadline. It is expected that the and Section 553 of Title 5 of the United most efficient use of NRC resources will States Code. notice is hereby given that activate the entire notification system t
l be achieved by this treatment of present adoption of the following amendrnent to simultaneously or in a graduated or staged e xemptien requests relating to the July 1.
10 CFR Part 50. Appendix Eis manner.The responsibility for activating 1051 cperational date requirement.
contemplated.
such a public net:5 cation system shall remain If de prepcsed rule is subsequently mth the a;;repnate sevemment authonties t
l
- r
- mu gated as a final rule. it is the PART50-DOMESTIC UCENSING OF l
C mmissien's present intention to make PRODUCTION AND UTILIZATION
- t efie
- tive immediately upon
-FACILITIES Dated at Washegten. D.C. this 16th day cf atien. pursuant to 5 U.S.C.
September 1981.
l1), since the rule is expected to The authority citation for Part 50 For the neear Ke;ulatory Commissica -
.e de cbSgation of certaict reads as follows:
Samual l. Cha.
- snstes wid respect tc the present Authoriry Sees.103.1Ca4.151. :E1 ;E3 189.
g,g7, ;,_#,y 3, ccy,j,,jf;;
- ..y 1.1921 deac!ine f:r cperational 68 Stat. S25. 937. 948. 953. 954,911 F55. a s h.C: n:SS:Cien systems. In that amended (42 U.S C. 133.02:3. C:. 021 A ' # # " "
"***I
- GCOM N "
- d se C:st-issicn notes dat de C{3 C36): secs tol. =1 :M. 65 5:at. ;;43.
Rules and Regulations raer i ws'"
Vol. 46. No. :30 Wed.erday. Dece=ber 10.
- TNs secten Of the FECERAL REGtsTER On August 11.1931. de C:= mission This decisien is based er c:ntars re;#a::ry documents hawc2 discussed pcssible acriens because recognitien that emergen::
ge.e al s:rt:ca:1ry and le;af ef'e:t.,m:st licensees failed to c:= ply with the July preparedness have signiUc cf e.cn are keyed to and cecied m 1.1531 re cuire=ent contained in 10 CFR improved within the last n ursu r t $o
.'8 50.47(b)(5) and 10 CFR 50. Appendix E.
aro,und every nuclear powe
=!
e car 5 es 4
Section IV,D.3.Tne hcensees failure to t his sigmHcant improvemt U S'C.1510.
~
The Co:e cf Federal Regulat,ons is sold
=eet the July 1.1581 date was attnbuted confirmed by NRC teams w tv : e Scen..tencent of Cocuments..
to u. foreseen dif5culties and visited a nu=ber of plant s:
Pnces cf new boas are listed in the uncertainties su Tounding the design, evaluate the licensees' cc.=
first FECE:AL REGISTER issue of each procure =ent and installation of the the upgraded eme:gency pl.
- C" prompt notiGeadon systems.
regulations of August 1960.
At the August 11,1981 =eeting, the the Federal Emergency hfar Commission approved publication of a Agency (FEhfA] and the N7 HUCLEAR REGULATORY proposed rule change which wauld momtored numerous nuclet COMMISSION provide an extension of the July 1.1981 exercises involving State ar date to Febrifary 1.1982. (See 45 FR governments and the licens to CFR Part 50 46587). That Federal Register notice again have witnessed a sig-requested public cc==ent dtiring a 30 improvement en ensite and Emergency Planning and day period ending October 21.1981.
Preparedness for Production and To date. ccm=ents have been Tne decision to delay the Utiti:stion Facilities received from four NRC licensees, five implementation data is also ACENCY: Nuclear Regulatory individuals or organizations in the the recognition that there ex Commission.
nuclear industry. one from the general customary warning systeme public, three from environmental radio, telephone) which are
^ " " **
organizations. one from a mass transit sufficiently effective in man-
SUMMARY
- The Commission is making system director. and one from a State accident scenarios. In view two changes to its emergency planning governor.The comments received from the Commission finds that e, suf5cient reason to be eve :
\\
regulations. The change to to CFR Part the general public and from the appropriate protective c'eas
- 50. Appendix E delays the date by which environmental organi:ations were prompt public notification systems must against delaying the implementation and will be taken for the prc be operational around all nuclear power date to February 1982. The letters from the health and safety of the ;
plants.The change to i 50.54 clarifies the other commenters generally agree event of a radiological emer; the language of the nile to esnform with with extending the implementation date the extended time period for th_e Commission's intent at the time of along with additional suggestions, compliance.
promulgaaon.
One suggested modification to the II.The Amendment to to CF l
EFFECTIVE DATE: December 30,1981, proposed rule change, which has been FOR FURTHER INFORMATION CONTACT:
accepted and included in these final curr req es t I
Afichael T. jamgochian. Human Factors amendments. is not to el!=inate the Branch. Office of Nuclear Regulatory I ur. month period for correction of any "For operating power reactors.
I Research. U.S. Nuclear Regulatory deficiencies identi5ed during the initial State. and local emergen Commission. Washington. D.C. 20555 testing of the prompt notification shall be implemented by Apri!!)
(telephone 301-443-5942).
system. The Commission now believes as provided in Section IV.D.3 of i
l that the elimination of this four. month of this part. If after Apnl1.1981.
SUPPLE M ENT ARY IN FORM ATION period would be inconsis ent with the finda that the state of emerge ~
I. The Amendment to 10 CFR Part 50 need toperform a reasonable test of the preparedness does not prodde Appendix E system and make any needed changes assurance that adequate prote I
as indicated by the test results.The.
can and will be taken in the ev On August 19.1980. the NRC enclosed effective regulation radiological emergency and if t.g published a revised emergency plannm.g incorporates this concept.The
- are not corrected withm
~
regulation which became effective on Installation date, however. remains finding. the Commission will det November 3.1960. The rule required February 1.1981 and any licensee not whether the reactor shall be shu licensees to demonstrate, among other completing the installation by that date such denciencies are remedied a things. by July 1.1981:
would be subject to. enforcement action.
cther enforcement action is app "that administratise and physical means After evaluating all public comment 11 has come to the Comn;i have been established for alertmg and letters received. the Cc=r.jssion has attention that bec.ause providing prompt mstructions to the public withm the plume egosure pathway EPZ.ne decided to publish. as immediately regulatio.n was wntten as on!--
design obice:ive shall be to have the effective, a Unal rule change to 10 CFR paragraph,it can be interpret]
cap,sbihty to essentially complete the irutial part 50. Appendix E which will delay the that the four month period to notMcation of the public within the p!ume implementation date for the prompt correction of emergency pre;<
ciposure pathway EFZ withirt about 15 pubhc notification systems from July 1.
dcUciencies does not app!v tE mmutes."
1981 to February 1. Ic81 IV.D.3 of Appendix g,"
E2:32 Feder:1
- m / Vol. 45. No. 250 / Wednnisy. D:ce=':er 53. ICES / II;!cs and.k ']
This is a mis:n:e.;ratien cf the Re;;ulatory F;cxibility Act Statement DS=fe:083 P'c8'f#"
Ccemissica's intent, which was that de Pursuant to the Eer.:!atery Flexib:lity fcur.menth per:cd is to apply to any Act of 1950. Pub. L f5-354. the NRC has 3,A h" 0* N h*"
def=encies :denufied in the emergency determined:(1)~ hat de delaying cf de
.2.M"j"
[gf',
m
. p:ans. The C:mm:ssion is tnerefore i=p!e=enta::cn date fcr the prompt
.ri,5!a,;sne.e.;sney, modify:ng i 50.54(sl(:) to more clearly public notification syste=s w 11 not have shall de=c:s:: ate dat ce S:a:e rc.ect that intent. The four-=onth a sien:ficant econc=.ic impact on a of5cials have de ca;ah:!dy to -
o
- ersed provided in 130.54(s)[ ! wil!not substantia! n =ber cf s=all entities, not6csnc
- dec'sien ;rc=;dy c apply to a:y licensee fcr tne :,nstallat:ca pursuant to the Reg.:!atory Flexibility hfer=ed by the !!censee cf an e and initial test of tne pubite notificat:en Act o!19so, section Sc5(b) and (:) dat ecndiuen. 2y Februarf 1.1951 e system by Fehn:ary 1.19E2. If a licensee the rule change to i 50.54(s)(2)is not pown nac !iansu shaU de_
administra:ive and physical me -
is nct in ec=pliance with this "sdbjeqt to the prodsions of the reg.drement for dstallation and testing Regulatory lexibility Act of1950.
'.',Y
'.,d for
, to ' e -
by r ebruary 1.1932. the Ccmmission because de Cc= mission has deter =ined
,xp;;,, p,ew,ySE n, fou; w:!] censider taking appropriate
- pursuant to 5 U.S.C. 553 that a actice of pened in to Ca 50.54;s)p)!ct enfcreement actions promptly at that
- proposed rule =aking for { 50.54 (s)p) of e=ergency plan denciencies s time.1: determining appropriate need not be is' sued and that de rule =ay app!y to the in::ialinstallation c enforcement action to imtiate, tae be prc=ulcated in $nal fo=2 and ocuncat: s system that f.s req' Commission will take into account.
become edective on Dece=ber 30.1931.
February 1.1982. The far men 9 among other factors. the de=onstrated cpply to ccrrection of def:;ctenca diligence of the licensee in attempting to Paperwork Reduction Act Statement during theiniticlinstcliction anu fulfill the prompt public noti 5 cation Pursuant to the<provisicas of de depicmptpub//cneficcugn s wellas these de;;cienc;es casem capability requi:ement "D2e Cc= mission Paperwork Reduction Act of1930 (Pab.
will consider whether the licensee has L 96-511). the NRC has =ade a
(#$e#Ij## h,'tgos steIsh D
^
otif kept the NRC infor=ed of the steps that determination dat iis Saal rule does the capabi!.ity to esse:tial y cc=
it has taken. when those steps were not impose new reccidkeeping.
1 :tial net 5caties of the public tsken and any significant problems information coUection, or reporting plu=e exposure pathway EFZ wt encountered, and the updated timetable requirements.
15 minutes.The use of dis noti 5r which the licensee expects will be met Pursuant to the Ato=!c Energy Act of capability will rsnge frem immed in achieving full compliance with the 1954, af amended. the Energy noti 5 cation of the public(widin]
prompt public notificatien capabilit7 Reorgani:ation Act of1974, as amended, of the time that State and local n tined that a situatien exists te requirements.The four month period and section 553 of title 5 of the United
" "* [*I 'Y,'jl,*g (Y J,
(
will. however apply to correction of States Code, the foUowing amendments deficiencies identified dudng the tmtial to 10 CFR Part 50 are published as -
the State and local govemmentalI test of the prompt public notification documents subject to codification:
r:ake a judgment wheder er not f systems as well as those deficiencies the publie noti 5catio= syste=. W discovered thereafter.
PART 50-DOMESTIC LICENSING OF a decision to activate the notific.
Because the ameodment to PRODUCTION AND UTILtZATION the State and local of5cials will.
I 50.54(s)(2)is interpretative and of a FACILITIES whether to ectivate the entire r minor nature, simply resolving an The authority citation for Part 50
'[a r.
sos iti ambiguity m the rules to the reads as follows:
activating such a public notinca s.;ommission's mtended meaning at the
.me of promulgation, the Commission Authoritu Secs.1cs.1oa.181. te: 18s. 6a shan res:ain wig ge approprtstu Stat. 936. 937. 948. 953. 934. 935. 956. a s govemmental authon, ties.
finds good cause to dispense with amended (42 U.S.C. :123.:134. = 01.::32.
advance notice and opportunity for 2233. 039); secs. 01. 001 :06, 88 Stat.1:43
' i 50.54[s]I2)is revised to i public comment thereon as unnecessary. m 4.1:46 (42 U.S.C. 5841. 5842. 55451. unless ICIICW5:
For this reason. this change shaU be otherwise acted. Section 50.78 also issued effective as a final rule on December 30, under sec.12; 68 Stat. S39 (42 U.S.C 35:1
! 50.54 Conditions of Ticenses.
1981.
Sectico 50.78-50.81 also issued under sec.
Likewise the Commission is 1s4. 6a Stat 954 as ameoded (4:U.S.C m4).
Sections 50.100-50.1c: issued under sec.188.
(s) * *
- publishing the final amendments to 10 68 Stat.955 (42 US.C.236). For the purposes M For operatm.g poweq' CFR Part 50. Appendix E (extending the of sec. m. 58 Stat. 95a. as amended (42 licensee. State, and local eme implementation date for the installation U.S.C =73) g 50.41rij gssued under se::.151t, response plans shad be imple) of a prompt public notification system) 68 Stal 949 (42 U.S.C :201(il): 11 50.70.50.71.
y as effective immediately upon and 50.78 issued under sec.161o. 68 Stat. 950.
April 1.1981. except as provi publication. pursuant to 5 U.S.C.
as amended (42 U.S.C =c1(oJ1. and the lawa Section IV.D.3 of Appendix E 553(d)(11. since the rule is expected to referred toin Appeodicas.
part.
(ii)If after April 1.1981, the' relieve the obligation of certain Appendix E IAmendedl that the state.cf emergency p licensees with respect to the present E Sec. n V.D. o Apper: dix E to does not provide reasonable a, July 1.1981 deadline for operational Part 50 is revised to read as follows:
that adequate protective meas public noti 5caticn systems. In that and will be taken in the event
, regard, the Cc::t=ission notes that the Appendix E-Emmency Planning and radiological emergen~ y (m, clu final rule. when effective will be preparedness for Product 3oo and Utill:ation c
findings bacd on requiremen2 app!!ed to angomg licensing proceedings *.
racilit;...
ncw pending and to issues or Appendix E Section IV D.2) &
cententions thcrcin. Unica of Concerned Scientists v. AEC. 499 F. 2d 1009 (D.C.
.n, p, 3,, w.,g,,,
n,,n, c...,,,.m we rwe,ames Cir.19741 tein.homag eariges f.ao= the pro;med rue September 21.1941.
~
Fed:=1 Rc;ister / Ve!. 45. NO. 250 / Wednesday Dece:nb:: ((.yst / Ru!cs cnd Re:ulatic defic:encies (including deficiencies applies to the applicatien.
Dated at Bethesda.Marf and.
l based cn :vquartments of Appendix E.
recordkeepi.g. and tepcrting cf December. tsat.
Sectica IV.D.3) are not cer:ccted w: thin require =ents contained in NRC For the Nu:! ear Rer.!atory Cc-fcur mcnis cf that finding, the regulations.
Wulum J. DircLa.
Ccmmission will deter:nine whether the On October 30.1931. the NRC necuuve Cinc:orfor Operadans reacter shall be shut down until such obtained OhG reapproval for the p c,n m cra.c -.s W deficienc:cs are remedied or whether inictmatica collectica requ:rements s e acoogis e,_u c6:r enforcement action is appropriate.
centained in 10 CFR Part 50. This b determining wheder a shutdewn or amend =e::t adds a new ! 50.8 to Part 50 oder en!crcement action is appropriate.
setting out the OhG approval number, DEPARTMENT OF ENERGY the Cc=rnission shall take into account.
the expiratics date of the current amo::g other factors, whether the approval, and a list of sections within 10 CFR Part 503 licenses can demonstrate to 6e Part 50 that contain an approved C:= mission's satisfaction that the information collection requirensent. This (D eket No. Enha-8Wl' deficiencies in the plan are net a=end=ent also re:noves the note Powerplant and Industrts! Fu significant for the plant in question or ccnce=ing the expired GAO clearance of 1978; Fhal Rules that foUows i 50.110.
that adequate intenm compensating actions have been or will be taken Becausa this is a ocasubstantive correc:!an prcmptly, or that that there are other amendment dealing with a minor In G Doc. M770 apps compelling reasons for continued procedural matter, good cause exists for pa e 59872 in the issue of Mos operation, finding that the notice and comment December 7.1981. make the fa, procedures of the Ad::unistrat:ye corrections:
Procedure Act (5 U.S.C.553) are (1) 1n i 503.6(c)(:). the foUow Dated at Washi.ston, D.C. this 23rd day of unnecessary and for =aking the were inadvertently cmitted abi December.19at.
ame equation on page 59906:
For the Nuclear Regulatory Commission.
nd e
o F
9 S a =u el 1. CEUk.
as amended, the Energy Recrgani:ation M4 MA = COST Secretary of the Commission.
Act of1974, as amended. and 5 U.S.C.
(ALTERNATE)-COST (OIL)i p ow. n.em rw is.s. ems al 552 and 553, the following amendments COST (ALTERNATE) and COS c e o cooe75 m i-8 to 10 CFR Part 50 are published as a are deter =ined by:
document subject to codification. The (2)In i 503.36(a), paragraph to CFR Part 50 authority citation for this documentis:
incorrectly designated as (b); t:
on page 59714.first column. in Reporting, Recordkeeping, and PART 50-DOMESTIC UCENSING OF
.line "(b) For powerplants...'
App!!cctjon Requirements; Approval PRODUCTION AND UTILIZATION have read "(5) For powerplanta AGENCY: Nuclear Regulatory FACILITIES sec cocc isos-ci-u o n.
Authority: Sec.161. Pub. L 8Mo3. 68 StaL ACTION: Final rule.
s48 B: U.S.C. ::02)
FEDERAL HOME LOAN BANK
- 1. Sectie.: 50.8 is added to read as suuu ARY: ne Nuclear Regdatory 12 CFR Parts 522 and 545 f U ws:
Commission is amending its regulations (No. 81-8001 on the dcmestic licensing of production f 50.3 Reporting. recordkeeping, and and utilization facilities to indicate applicat!on requirements: OMB approval Payment of L!t!gation Expens<
Office of Management and Budget (a) the Nuclear Regulatory Federal Home Loan Sank Offll approval of the information collection Commission has sub=itted the Directors, and Employees requirements contained in the information collection require:nents regulations.His actionis required by contained in this part of the Office of Dated: December 27.1 sat.
the Paperwork Reduction Act of1980.
Management and Budget (OhG) for AcENCY: Federal Home Loan B; EFFECTIVE DATE: Dece=ber 30.198L approval as required by the Paperwork Board.
ACTION: Final nzle.
FOR FURTHER INFORMATION CONTACT:
approved the mfor=ation ecUection Steve Scott. Chief. Document requirements on October 30,1981.
SUMMARY
- The Federal Home L Management Branch. Division of (1) The OhG approval number is Board is amending the Regulatil TechnicalInformation and Document 3150-0011.
the Federal Home Loan Bank S:
Control. Office of Admuustratioo.
(2) OMB approval expires April 30 liberali:e the ter : on which th Telephone: (301) 492-8585.
. 1982.
may pay expenses of officers. d S UPPLEMENT ARY INFO RM ATION:The
- (b) The approved information and employees involved in litigi Paperwork Reduction Act of1900 (Pub.
collection requirements include the arising out of their Bank duties.
L 96-511: 44 U.S.C. Chapter 35).
. application recordkeeping, and amendment will allow the Feds transferred the responsibility for reporting requirements contained in Loan Banks to establish their os approving the information colleetion i i 50.30, 50.33. 50.33a. 50.34(b). (c). (d].
policies regarding litigation exg requirements imposed by the Nuc! ear (f). 50.34a. 30.35(b). 50.38. 50.36a. 50A8.
EFFECTIVE DATE:DCcember k7.
Regulatory Commission (NRC) on the 50.54(f) (p). (q). (r). (s) (t). (u). 50.55(e).
FoR FURTMER INFORMAT1oM COZ public from the Cencral Accounting 50.55a. 50.59t b). (c). 50.71(a). (b), (c), (d).
,s.
e Office (CA0) ta the Office of (e). 50.7:!a). (b). 50.80. 50.82. 50.90. and
[*f Cc -
"Ed Management and Budget (OMB).The Appendices A. B. C. E. C. H. J. K. and R.
Bank Board.1700 C Street..T.k Act requires t..at each existing information collection requirement be i 50.1to IAmended)
Washm.gton, D.C. 0055.,.
reapproved by CMD as eusung CAO
- . The note following I 50.1:0 is cuPP:.su ENTARY INFC RM AT:CN:'
c!carances exp:re. 2 nu re;u:rement reme s ed.
Federal Hcme Lean Pank Scard
Docket flo. 50-286 Power Authority of the State of New York ATTN:
J. P. Bayne, Senior Vice President 10 Columbus Circle New York, NY 10019
Dear Mr. Bayne:
This is in response to your January 29, 1982 letter, requesting an exemption from the February 1,1982 deadline for implementation of your prompt notification
[
system.
The final rule establishing this deadline, which became effective '
December 30, 1981, does not specifically address requests for exemption or s.,
relief from the February 1,1982 implementation date.
However, pursuant to 10 CFR 550.12, your request for exemption was determined not to be meritorious.
As noted in the proposed rule (46 FR 46587), the Commission stated that, in its judgment, prompt public notification is an important consideration in the offsite protection of the public in the event of a nuclear accident.
The emergency planning rule is premised on reducing, to i
f the extent possible and to the extent the NRC can regulate, the time required for and the uncertainty associated with each step in the prompt public notification process. Therefore, timely implemen,ation of a prompt notifi-t cation system is considered to be bene.ficial to the health and safety of the public.
(See 46 FR 46587 & 46 FR 63031 for additional information).
In view of the forgoing, it has been determined that grantinfan extension of time would.not be in the public interest.
l
F6wer Authority of the State of New York However, the Commission recognizes that there nay be mitigating circumstances beyond your control that should be weighed in determining what enforcement action should be taken.
Specifically, these considerations are:
(1) whether the licensce demonstrated diligence in attempting to fulfill the recuirements; (2).whether or not the flRC..was. kept informed of the steps taken to fulfill the requirements of the, rule; (3) when those steps were taken, and any significant problems encountered; and (4) an updated timetable established to achieve full compliance with. the prompt public notification capability requirement.
The inforuation you have provided, in this and previous corresper.dence, will be taken into consideration in determining appropriate enforcement action.
Sincerely, t
l Darrell G. Eisenhut, Director Division of Licensing Office of Nuclear Reactor Regulation
Enclosures:
1.
46 FR 46587 2.
Federal Register / Vol. 46. No.182 / Monday. September 21. 1931 / Proposed Rules 46587 10 CFR Part 50 By lw!y 1. nat. the n:.ciear pow er reactor the extended time period for licensee shat! demenstrate that compliance.
Emergency Planning and administratn e and physical means have been Preparedness for Production and estabhshed for aler*:ng and prodding prompt De Commission's decision to defer instructions to the pubhc w1thm the plume the date for requiring full Utllization Facilities exposure pa:.hw ay EPZ. ne des:gn cbjective implementation of the prompt public AGENCY: Nuclear Regulatory shel be to hase the capatu y to essentially notification capability requirement was Commission.
comp;e:e the mtial netScatien of the pubhc raade, as desenbed above. after within the pkme exposure pa.hway EPZ additional consideration of industry-ACTION: Notice of proposed rulernahing.
within about 15 rninutes.
wide difficulty in acquiring the suuuaRY:The Nuclear Regulatory The NRC staff has evalusted the level necessary equipment, permits. and' Conunission is proposing to amend its of compliance by the industry and noted clearances.nis proposed deferral does regulations to extend the date by which that only about 12% of NRC power not represent any fundamental 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 cdopting and plants.ne proposed extension is based of a prompt public notificatioh system sustaining the public notification on industry-wide difficulty in acquiring which meets the criteria in 10 CFR 50.47 ca pability requirement. See Final Rule the necessary equipment, permits. and 50.54 and Appendix E to part 50.The on Emergency lanning. 45 FR 55402 p
clearances.If adopted the proposal licensees inability to meet the July 1.
55407 ( Aug.19.1980). reconsideration would extend the compliance date for 1981 date has been attributed to the denied. CIl-80-40.12 NRC 636 (1980). It these systems from July 1.1981 to no unforeseen difficulties and 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 inst =mns of the prompt notification important consideration in the offsite 21.1981. Comments received after this systems. In establishing the protection of the publicin the event of a date will be considered if it is practical imple=entation 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 enmply with a short separate steps ~eecx)gnition of the received on or before this date.
schedule and set the July 1931 date with potential severity of the accident by the Acousses: Interested persons are this in mind (45 m 554c7)-
utility, communica' tion of the perceived invited to submit written comments and While licensees' compliance with the threat to offsite authorities, decision by suggestions on the proposal to the prompt notification requirement haa offsite officials on the need for
[
Secretary of the Commission. U.S.
been delayed, the NRC considers that protective action, capability to spread Nuclear Regulatory Commission.
emergency plans and preparedness have jublic warmng, and actual response by Washington. D.C. 20555. Attention:
significantly improved within the last the public.The emergency planning rule Docketing and Service Branch. Copies of year at and around every nuclear power is premised on reduong to the extent comments received by the Commission plant site.nis insigmficant possible-and to the extent the NRC can may be examined in the Commission's improvement has been confirmed by regulate-the 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 to evaluate the licensees
- Every aspect of the rule. including the FOR FURTHER INFORM ATION CONTACT:
Compliance with the upgraded prompt notification system,is still Brian K. Crimes. Director. Division of emergency planning regulations of required. In chanoing the Emergency Preparedness. Office of August 1980. In addition, the Federal implementation date of the prompt Inspection and Enforcement. U.S.
Emergency Management Agency public notification capability Nuclear Regulatory Commission, (FEMA) and the NRC have monitored requirement, the Commission recognizes Washington. D.C. 20555 (telephone: 301-numcrous nuclear emergency exercisas the continued need for this requirement 492-4614).
involving State and local governments and expects all utilities to complete the and the licensees, and again have installation of this system as soon as SUPPt.EMENTARY INFORM ATPOtc witnessed a siginficant improvement on practicable but not later than February I.The Proposed Rule onsite and offsite emergency 1.1982. However, the Commission On August 19.1980, the Ntclear preparedness.
intends to take appropriate enforcement Regulatory Commission psolished in the Based on the above information and action against licensees who did not.
Federal Register (45 FR L5402) on a recognition that there exist prict to July L 1961 notify the amendments to its regulations (10 CFR customary warmng systems (police.
Commissienf their inability to meet Part 50 and Appendix E) concerning the radio, telephone), which are viewed as the July 1.1981 deadline.
upgrading of emergency preparedness.
sufficiently effective in many postulated The effective date of these regulations accident scenarios, the Commission is Significant licensee p,erformance was November 3.1980. Among other proposing to defer the implementation strengths and weaknesses are evaluated -
things, the regulations required licensees date of the prompt public notification in the NRC Systematic Assessment of to submit upgraded emergency plans by capability require:nent from July 1.1981 Licensee Performance (SALP).The SALP January 2.1981. submit implementing to February 1.1982. In view of the program specifically includes evaluation procedures by March 1.1981. and above the Co=missian finds that there of licensee performance in emergency implement the emergency plans by April exists suficient reason to believe that preparedness. Accordingly, a licensee's 1.1981.
appropriate protective =casures can efforts in attempting to meet the July.1.
One element that must be and mil 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 that:
event of a radiological e=e:'gency during factor in that licensee's SALP.
t
- S583 Federal Re1;bter / Vol. 48 No 182 / Monday September 21. 1961 / Proposed Rules i'
- 11. Proposed Application of the Tinal-feal ru e. when effecth e. will be '
1:44. 1 :4 5. [4 : U.S C. 5HL 564:. 564c1, un?us
" Rule applied to ongoing licensing proceed!.p's othe wise noted. Section 50.;a also issued
,~
The Commission also is prepcsing m.
7cw pendmg and to issues or eder sec.1:: t4 Stat. 939 (4: U.S C. 215:1 t} : r..e that the four.menth peric d for ec-ten jen, g3,7,;3. y,je, cf cc7,,77,j Suden Maso et die inued undu ne in.
M Stat m as a ed (42 VS C. :M e,,,
~
- "rtcW g dencienc!es. provided e b,"q.7,s v' 'J FC' 4 29 F' '4
- CW (D~C-Sec'.cns fo 15mic:iswed under ne. :w.
1 !4 54*s 30), sho.:d nct apply 1o any y'
M S'at. 335 (4: tJ.S C. :2351. Fct de purp;tes
' ce.see not in ccmphance with the Regulatory Fledhilit) Csrtificatico cf uc. nJ. M S:st. a as amended (42
- cblic notir;catica system requirement in accordance wn..the Regulatory to Stat. No (4
- U.S.C. CCMill: 11 Lo.?o. 50f t.
U.S C. 073).150 tili)issved under sec.1611' by February 1. wo2. the new deadbne.
Flexibthty Act 6199L 5.U.S-C. Ecstb).
and so.7a issued under sec. leto, c4 Stat. sso.
b date. If a licenset is not in compli'ance the Commission eencludes that this rule as amended (42 U.S C. COMo), and the laws with this requirem-nt by February 1, will net. if promu! gated, have a referred toin Appedices.
1902, thi Commission wul consider taking apprepnate enforcement actions significant etenemic impact on n'
- 1.Section IV.D.3 of Appendix E to substantial n' umber of small entities.The premptly at that ume. In determining proposed rule ce;; terns'an extehslotrof Part 50 is revised to read as fo!!aws:
'G;.topsiate enfortement action to the operational date for public
^
APPendh E--Leertency PuMus for Pr ducb,Plannleg and
. drjtiae. the Commission will tak e into notification systems for nuclear power oo and Utiliation account, amoog other factors, the plants licensed *:ursuant to Sections 103 demonstrated ddigence of thelicensee and 1Nb of the Atomic Energy Act of in attempt 5g to fulfill the prompt public 1954, as amended. 42 U.S.C 2133. 2134b..
D A*ogeen.euhs nenfichtjen tapability requirement. The The electne utility companies owning
~
Coo.issic ! wall consider whether the and ope iting these nuclear power
- 3. A licensee shall hase the capability to
~
1.cenree has kept the NRC informed H plants are dominant in their se.Mce nCDf resPons.bfe State and local
?
the steps that,it has,taken. when these areas and do not fall w&n the y
3$[,$,i *[N'[q' N,$'[n t'n r were tu en t. sn) rgr.'..can.
de:;ng;2n of a small bd'. ness found in g
sha 1 de:nonstrate tr.at the State / local
' ptcbiems encantered and the updated Sectica 3 of the Small Business Act,15 cfncials hase the capabihty to make a public tirr.etable w hich the licensee expects U.S.C. 632, or within the Small Business notification decision promp' y on being J
w,'l be met in achieving full compliance Size Standards set forth in 13,CFR Part informed by the t censee of an emergercy with the~ prompt public notification 121. In addition, since the amendsent condition. By February 1.19e:. each nuclear cop:bility'spect to requests for extends for one year the date by which powennet rlicenen shalldemonstrate that regu'rements,
'With re the pubUc notificiifon systems are to be a
ma ar.d Mcal mune han Wn wmptions that NRC has received from operational, the bus nesses and state established for alerting and providing prompt
-(
.ude l.! pow er reacter licensees and local governtnents invo%ed in th'es (8
"[***
' P['
i E
4cacerning the prompt public manufacture and installeilen of these y
n notification requirement and deadbnes.
period in to CTR 50 54[s)(2) for the correction for installation and operational "
systems are not economically affected in of emergency plan denciencies sha!! not
.cspability, the Commission has decided any significant mar.ner. Accordingly, a pply to dencieneres in the initial installation there is no significant economic impact of this public notincation 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 stension cf the July 1.1981 entities, as defined in the Regulatory
- objective of the prompt public notification date. Any licerieeccLable to meet the Flexibility Act oi1980.
j oystem shat! be to hase the capability to new deaoline date cf February 1.198:
essentially cornplete the mitial notincation of wtil be subject to enforcement penalties P8Perwork Reduction Act Statement the public within the plume espesure af:et the new date.This provisien will Pursuant to the provisions of the Pathway EPZ within about 15 tninutes.De eliminate unnecessary and costly Paperwork Reduction Act of1980(Pub.
",'[m*
,',[,(['[$,'fo'he', b$c"8' admm!stratise actions needed to L 96-Sn), the NRC has made a n
(within 15 minutes of the time that State and consider prt sent exemption requests determination that this' proposed rule local officials are notined that a situation that will essentially become moot by the does not impose new recordkeeping.
exists requiring urgent action) to the more propcsed extension of the July 1.1381 information collection. or reporting hkely events w here there is substantial time
. date. This approach will also permit the requirements.
e availab'e for the staie and !acal NRC to focus its consideration upon a Pursuant to the Atomic E.nergy Act of governmental efScials to make a judgment reduced number of noncompliance 1954 as amended, the Energy whether or not to activate the public 4
sittaucns which remain at the time of Reorganitation Act of1974, as amended, not:Scation system. Where there is a decision the new deadhne. lt is expected that the and Section 553 of Title 5 of the United
[r d cal'o cibs lN'te h
rnest effittent use of NRC resources will States Code, notice is hereby given that htet be achieved by this treatment of present adoption of the following amendment to actvate the entire nottlication sy stem sirnultaneously or in a graduated or staged e semption requests relatmg to the Jufy 1.
10 CFR Part 50. Appendix E is c:enner. The responsibihty for actis ating 1961 cperational date requirement; contemplated, su:h a public not Destion s) stem shall remain If the picpesed rule is subsequent!y promulgsted as a final rule. it is the with the apprepnate gese= ment authonties-PART SOL OMESTl'C UCENS!NG OF D
Commissien s present intention to make it effective immedicely upon PRODUCTION AND UTILIZATION ublication. pursuant to 5 U.S C.
FACit.lTIES Dated at Washingten. D C th:s 16th day ef' Ud,11) sir:e the rule is expected to The authority c:. atten for Part 50 Secr.cer 198L
~
~
lieve the obhgation of certain reads as follows:
Fer the Nuclear Regu! ate y Ccmmission Samuel J. Chilk.
.:e sees w th respect to the present
~
Authority: Sees.1c3.104. 261.162.161169
!4 y 1.1981 c?adhne fer eperatiorel f.8 Stat. E26. 93r.148 953. 954. 953. 956. a s g,,,.
.,,:3, ccy,j,,je3.
i.b':: non5ca'ica svstems. In that a ended (42 U.S C. 133.:::3. C OL C32.
"D*'"* * " """
?ertri the Com.m:si.cn notes that t!.e +
C33 CM sect :ot C M 68 Stat 1:4L
- s ecce nem
Rules and Regu'ations "d" ' * "
Vol. 46. No.133 Wednesday, Cecember' ~,0. t0U Ss secten cf the FE: ERAT. REGISTER On Au;ust 11.1951. de Cc==issica nis decisica is based on a cc.:ars re;# ate y o:c mems having discussed pcssib:e actions beccuse recc;nition that e=crgency ;
- ewat accacsca. y and legaf e*ect. n est licensees fai.'ed tc cc= ply w
- 6 de July preparedness bas e signiEcan of at c5 are keyed to and ccc. fed,n 1.1931 requ:re=ent centai.ed in 10 G impreved within the last yet i
ttesfYSIt 50.47(b)(3) and 10 G 50. Appendix E.
around every nuclear power -
ed der 5 a
.Section. IV.D 2. He hcensees failure to a n:s sigmficant improvement U S C.1510 T5e Ccce of Federal Regulat.cns is scJd ' meet the July 1.19S1 date was attnbuted ccantmed by NRC tecms wh:
ty tne Sucenntendent cf Coc ments.
to unfereseen difEculties and visited a number of plant site Pnces of new bocks are Itsted in tB9 uncertainties surrounding the desi;n.
evaluate the licensees
- cc=pl f.rst FE0ERAL REGISTER tssue et each '
procure =ent and instailation of the the upgraded emergency plar
- C M'l-prompt notine'atics systems.
regulations of August 1980. Ir At the August 11.1S81 :necting. the the Federal E=ergency Mana A ency (FF2.iA) and the NR@
Com=ission approved publication of a S
momtored numerous nuclear NUCLEAR REGULATORY proposed rule change which would COMMISSION provide an extensics of the July 1.1981 exercises invoMng State and date to Febru'ly i.1982. (See 46 FR governments and the licensee a
10 CFR Part 50 46587). That Federal Register notice again have witnessed a signii requested public comment dtiring a 30 imprevement on onsite and o; Emergency Planning and day pe-iod ending October 21.1s81.
Preparecness for Production and To date, ccmments have been ne decision to delay de Utilication FacilitJes received from four NRC licensees, five implementation data is also b AcENCY: Nuclear Regulatory individuals or organizations in the the recognition that th re exis Commission.
nuclearindustry, one from the general customary warning systems (;
ACTION: Fm.al rule, pubhc. three frem environmental radio, telephone) which are v:
organizations, one from a = ass transit sufEciently effective in many SUM M ARY: The Commission is making system director, and c:te frc= a State accident scenarios. In view of two chan;es to its emergency planning governer.The comments received from the Commissica finds that th l'
regulations. The change to 10 CFR Part the general public and from the appropriate protective mease suffic;ent reason to beheve th
- 50. Appendix E delays the date by which environmental organications were prompt public notification systems must against delaying the i=plementation and will be taken for the prott be operational around all nuclear power date to February 1982.The letters from the health and safety of the pt plants. The change to i 50.54 clattfies the other commenters generally agree event of a radiological emerga de language of the rule to conform with with extending the implementation date the extended time period for the.Comrrussion's intent at the time of along with additional suggestions.
compliance.
promulgati:an.
One suggested modification to the II.The Amc=dment to 10 CFR EFFECTIVE oATE: December 30,1981.
proposed rule change, which has been Additionally.10 CFR 50.54P accepted and 1ncluded tn these final FoR FURTHER INFoRMATICN CONTACT:
amendments. is not to ehmmate the Michael T. lamgochian. Human Factors Branch. Office of Nuclear Regulatory IC'#?onth pyriod for correction of any "For operating power reactors, the Research. U.S. Nuclear Regulatory deficiencies identified during the initial State, and local emergency respor Commission. Wa shington, D.C. 20555 testing of the prompt notification shall be implemented by Aprill.1 system. The Commission now believes as provided in Section IV.D.3 of A (telephone 301-443-5942).
that the elimination of this four-month of this part. !! after Apnl 1.1981.1:
period would be inconsistent with the finds that the state of emc.gency SUPPLEMENTARY INFORM ATION I. The Amendment to 10 CFR Part 50, need toperform a reasonable test of the preparedness does not proude ret Appendix E system and =ake any needed changes assurance that adequate prctectiv as indicated by the test results.The.
can and will be taken in the event On August 19.1980 the NRC enclosed effective regulation radiologic.al e:nergency and if the -
published a revised emergency plannm.g incorporates this concept.T"se are not corrected within four men.
regulation which became effective on installation date, however. remains finding. the Commission will deter November 3.1050. The rule required February 1.1982. and any licensee not whether the reactor sha:1 he shui c licensees to demonstrate, among other completing the installation by that date such deficiencies are remedied or things, by July 1.1981:
would be subjeet to, enforcement action.
- th*' '"I*'**** t *C8i n i8 ' FF'c; that administralise and physical means After evaluating all public cornment It has come to the Commissi
. "have been established for alerting and.
letters recc:ved. the Co==ission has attentien that because this sec eci ed to publish, as immediately regulation was written as one niepu e os r pat wa The des 4n objecme shall be to have the effective. a final rule change to 10 CFR paragraph. it can be interprete capatnhty to essentially complete the initial Part 50. A;;endix E which will delay the that the four month period for not6 cation of the pubhc within the piume implementatien date for the prompt correction of emergency preca:
ciposure path'way EP: withirt about is public not:fication systems from July 1.
deficiencies does not appiv io minutes "
- 981 to Feb tary 1.1982.
IV.D.3 ef Appendix E."
~
m 3: Feder:!.7. -'ar / Vol. 45. No. 50 / Wedn:risy. Lec=ber 30. 1951 / Rules and Rc:
This is a =is;nter;r: suen cf the Re;ulatory F;cxibiUty Act Statement D..h@c;r>c3 F10 'h#
C:==iss:en's intent. which was that de Pursuant to de Rerilaterv FIexibility f:ur.rnenth period is to apply to any Act cf 1950. Pub. L E-3M. ihe NRC has
- 3. A h.eensu shau hau,
g$f..",(;,' cd e def;c;ege:es ident:iied in de e=crgenc?
ete=ined:(1) That de delaying of de
' _l
=:difym$ ne Cc= mission is therefore,
pians.
i=p!s=entatica date for de prompt
- 50.54(s)[:) to rnare c!eany public notificatien syste=s wdl not have shej d,=:.s.. ate dat de tenect that intent. 4 he four.=onth a sic.incant ec:no=ic impact on a c.?.::als have de capahihi pened provided in i 20.54(s)(2), wdlnct substantial nu=ber cf s=au entities.
net:fi:sn:n decisi:n pt:::
app';y to any Ucensee fcr de instaUatica pursuant to de Regulatory Flexibility inf:: :ed by the licen:ae cf and irutial test cf the public nctiScarica Act of1950, se:ncn 6~,5(b) and (2) Sat c:ndn:n. D Te:rua /1J systa= by Fecr rary 1.1952. If a licenses the rule change to i 50.54(s)( )is not FCSt '
- t h" 5'8 8h2-is not in ec=pliance with this subject jo the arc.isiens of the ad=q. pape ap Wqa, s
requirement for installation and testing Regulatcry Flexibinty Act of1960.
.'.'*.'.k'f.'* to t,'#!.$3 '~J
- I'. g by February 1.1982. the Cc==tss ca because the C:==jssica has dete=i:.ed L.'[c gwayM_ n.
wiu censider taking appropriate
- pursuant to 5 U.S.C.153 dat a notice of pened !n 10 CTR 50.54(s)l0 enforce =ent actions promptly at that proposed rule =akjn.; for ( 50.54 (s)(2) ci e=e~ gee:y plan den:ien' t:=e. In determining appropnate need not be issued and that de rule =ay apply to the inicalinstalla:
enforcement action to initiate, the be pro =ultated in Enal fer=2 and mouf:stes syste= that is s Commission wiU take into account, beco=e edective on Dece=ber 30.1931.
February L ISB. De fy among oWer factors. the de=onstrated c'=ing t.'e initiclins:ct?cric c; ply to correc: ion of ce::c.
dingence of the licensee in atten:pting to Paperwork Reduc'im.t Act Statement fulfill the pit =pt public notiEcation Pursuant to'the provisicas ofie Ae pec:;t pubhc notificci.
- ll ## ### #U#### #
(d'i[',(,).,' '*h,"f[
capabiUty requirement The Commissics Paperwork Reduction Act of 1950 (P.:h.
will consider whether the Ucensee has L 9G-311). de NRC has =ade a 3
kept de NRC Infer =ed of the steps that determinatica dat this Enal rule does t3, e,pabibry to esse:tia"y it has taken, when those steps were not t= pose new recordkeeping.
i.:t:a!.:.5 cati:: et ce pu taken and any signi5 cant problems infer =atica ecUection. cr reportirig plu=e expose.e pathway E' enceuntered, and the updated timetable requirements.
15 minu:es. The use of cis r which the licensee expects will be met Pursuant to the Atc=ic Ene:ty Act of capahitty will range fr== 1r in achieving full compliance with the 1954 as amended. Se Energy notiscation of the public (w prompt public notification capabilit7 Reorganization Act of1974, as amended, of the ti=e that 5: ate and lo requ:rements. De four. month period and section 553 of title 5 of Se United n :: Sed &at a sm:atien ex:s to c,.
will, however, apply to correction of States Code, the foUcwing amendments
,"[e[t ac
)
deficiencies identiSed during the initial to 10 CFR Part 50 are pubushed as the State and local governm test of the prompt public non5 cation documents subject to codi5 cation:
r:ske a jud;;=ent wheSer c:
systems as well as those deficiencies the publie notincatic: syste:
discovered thereafter.
PART 50-DOMESTIC LICENSING OF a decisios to activate 6e ns Because the amendment to PRODUCTION AND tJTILtZ.ATION the State and local ci?icials <
l 50.54(s)(2)is interpretative and of a FACILITIES whether to activate the e:tir 8
bgi nt
!s e
s e s reads as follows.
Commission's intended meaning at the activating such a pchlic nott
.me of promulgation. the Co==ission Auti r4 Secs. :c3.104.1st tar. las. 6a shan n=ab Wg ge am Stat. 938. 93r. 948. 953. 954. 955, 958, a s govemmental authenties.
finds good cause to dispense with ar= ended 14:U.S.C. = 33. n 34. =01. "".
advance notice and opportumty for
=33. =29): sees. =1. =:. :05, sa Stat.1:43.
- i 50.'s4(s)[,} is revisei public comment thereon as unnecessary. 1:44.1:46 (4: U.S.C 5541. 5842. 5846). unless foUows:
For iis reason. this change shaU be otherwise noted.Section 50.7s also issued effective as a final rule on December 30.
under sec.1=, os Stat. S39 (42 U.S.C 15:1
{ 50.54 Conditions of Ticen 1931.
Sectaan 50.78-50J!1 also issued under see.
Likewise. the Commission is 1s4. sa Stat 954, as.ameeded (4: U.S.C =34J.
Sections 50.100-50.100 issued under sec.158.
(s) * *
- publishing the final amendments to 10 68 Stat. 955 (42 U.S.C =:6). For the purposes
( )(;) y r perattn,,. pow CFR Part 50. Appendix E (extending the of sec. =3. os Stat. 958 as amended (42 licensee. State. and loca1 i irnplementation date for the installatics U.S.C =;3). t 50 410) invued under see.1:11.
of a prompt public notification system]
68 Stat. 949 (42 U.S C. =31(i)); 1150.70. 50.71.
response plans shall be in as eficctive immediately upon and 5038 issued under sec.151o. 58 Stat. 950.
April 1.1981. except as pr publication pursuant to 5 U.S.C.
as amended (42 U.S.C :=1(o)). and the to,.
Section IV.D.3 of Append; 533(d)(1), since the rule is expected to referred to in Appendicas, part.
@) '
- ^P I' " 81 relieve the obligation of certain Append:t E IAmendedl licensees with respect to,the present-
- *#E* 5
- 1.Section IV.D.3 of Appe:: dix E to does not provide reasona:
July 1.1981 desd!ine for operational Part 50 is revised to read as foHows:
public noti 5 cation systems. In that that adequate protective =-
and will be taken in the et regard, the Co==ission notes that the Appendix E-Emer:ency P!accing and radioloS cal eme gency-(:.,
i Snal rule, when effective, wiU be p epandne,s for Productioo ar.d Utiti:stion applied to ongoing licensing proceedings racdities.
findings based on requirer.
now pendin;; and to issues or i
APPc0 dix E 8eCIICa lV U-contentions thercia. f.Sicn af Concerned 8Clen!!s!.s v. AEC 499 F. 2d 1009 (D.C.
.ne,.p.:,,, 3,, s.,g,e e cor.por,w
- e. c;, g,3,q.,.3 e reder.1 r Cir.1974).
teu shomes c'er.ses b ce p:med rue Sepe::ber :t.1 sat.
Ted:: 1 lic;;ister / Ve!. 46. No. 250 / V,*ed. sday. De:r nb:: ].ust / Rules and Rep !a:.:.-
d ei:c:encies (including deliciencies applies to se applic:tien.
Daied at Beeesda.Marf:and. -
L: sed on requirements cf Appendix E, rccctdkeepi.g. and tepcrting ct Dece=ber.1sa1.
Secaca IV D.J) ue not corrected w: thin requirements ccatat ed in NRC Fer the Nu:: ear Regnt:rf C=:
fcur mcnds cf dat finding.Se regulations.
Wima=J.Drch.
Cc==issicn will deter =ine wheaer Se On Oct ber 50,1951 the NRC '
Exe::::ive Direc::rfor Opc:::.: s.
reac cr shall be shut down unul such chtained OhG reappreval fcr Se
- ra -e n r.w w m m.m deficiencies are remedied or whether informatica cellectics requeements e w,aecc., w w cther enicreement action is appropriate.
centained in 10 CFR Part 50. His In dete..ining wheder a shutdown or amend =est adds a new i 50.5 to Part 50 cier enforcement actica is appropriate.
setung out de ChG apprcval nu:nher.
DEPARTMENT CF ENERGY the Ccm=issica shall take into account.
the expiratien date cf de current among oder facters, whether the appreval. and a list ci sections wi6in 10 CFR Part 503 lice:uee can demonstrate to the Part 50 that cc:tain an appreved
[DocW o. G A+8 W Ccmmissica's satisfaction that the i5fermatien collectics require =ent. This deficiencies in Se plan are not amend =e:t also re= oves the note Powerplant and Industri$1 Fue.
sipsihtant for the plant m question.tr concer-i-de expired GAO clearance of 1973; Final Rules dat adequate interi:n compensating
, that follows 1 53.110.
actions have been or will be taken Because this is a consuostantive Cor ecfon prcmptly, or that that there are other amendment dealing with a minct In FR Doc. 81-3,.770 appear-1 compelling reasons for continued procedural matter, gcod cause exists for page 5987 p2 de issue of Menc.
proced.ures rif the Ac.e and comment Ending that de notic Decem er.1981 make the ich operation.
mmistrative corrections:
Procecure Act (5'U.S.C. 553) are (1)In i sc3.S(c)(2), the fo!!cW.
Dated at Washingten. D.C. 21:::rd day of unnec,essary and for =aling the were inadvertently o=itted abc December.1981.
For the Nuclear Regulatory C = mission.
amen}.ef efec*.1{e equation cc page 59906:
c er yg EQ4 DELTA-COST Sa muel l. Chi!k.
a cedu = e e:cy Recrp "stics Sectewy of de Commission.
Act of 1914 a: a= ended. and 5 U.S.C.
(ALTERNATE)-COST (OIL) w
~
tra om n-m m '" ** =1 55: and 553, the fo!'cwing amendments COST (ALTERNATE) and COS~
are determined by-to 10 CFR Part 50 r.re published as a (3)ln i 503.3S(e), paragraph U so.cecoc m "
document subject to codi5 cation. The incorrectly designated as (b): th-10 CFR Part 50 authority citatica for this doc.: mentis:
on page 59914. first column,in ti Reporting, RecCrdkeeping, and P ART 50-DOMESTIC LICENSING OF line "(b) For powerplants..."
/
Application Requirements; Approval PRODUCTION AND UTILIZATION
'have read "(5) For powerplants acENCY: Nuclear Regulatory FACILITIES en.u.c cooc isos-ow Commission.
Authority Sec. :81. Pub. L 83-ro3. 68 Stat.
ACTION: Final rule.
ra8 3: U.S.C. ::m)
FEDERAL HOME LOAN BANK :
- 1. Section 50.8 is added to read as 12 CFR Parts 522 and 545 SUM M ARY:The Nuclear Regulatory f U ws:
Commission is amending its regulatiens Wo.8b800 on the domestic licensing of production
{ 50.8 Repor:tng, recorck eeping, and and utili:ation facilities to indicate appneation requirements: oMB approvat.
Payment Of L!ttgation Expense Office of Management and Budget (a) the Nuclear Regulatory
~
Federal Home Loan Bank Offle approval of the infonnation collection Commissica has sub=itted the Directors, and Employees requirements contained in the information co!!ection requirements regulations. This action is required bY contained in this part of the Ofnce of Dated: Dece:sber :7.1981.
the Paperwork Reduction Act of1980.
Management and Budget (OhG) for AcENCY: Federal Home Loan Ba; EFFECTIVE D ATE: December 30,198L approval as required by the Paperwerk Board.
Reduction Act (Pub. L 9s-.511). OhG AcTic N: Final rule.
FOR FURTHER INFORMATION CONTACT!
approved the tnfor=aten collect,on i
Steve Scott. Chief. Document uiremts on October 30.1981.
SUMMARY
- The Federal Hcme Le Management Branch. Dmsion of (1) The OhG approval number is Board is a:nending the Regulatic TechnicalInformauon and Document 3150-0011.
the Federal Ho'me Loan Bank S)
Control. Oface of Admuustrauoc.
(2) OMB approval expires Ap:il 30.
liberali:e the ter=s on which the Te!cphone: (301) 492-8585.
198.,
may pay expenses of officers, c..;
SUPPt EMENTARY INFORM ATION: The
' (b)The approved information and employees involved in litigs Paperwork Reduction Act of1980 (Pub-collection requirements include the arising out of their Bank duties.-
L 9s-.511: 44 U.S.C. Chapter 35) application. recordkeeping, and arnecdment will allow the Feder transferred the responsibility for-reporting requirements c::ntained in Loan Banks to establish their ow approving the information collection ii 50.30,50.33. 50.33a. 50.34(b). (c). (dl.
policies regarding litig::tien expc requirements imposed by the Nuclear (f). 50.34a. 50.35(b). 50.38. 50.3Sa. 50.4 8.
EFrtcTrVE oATE: DeCernber 17. I Regulatory Commission (NRC) on the 50.54(fL (p). (q). (r). (s). (t). (ul. 50.55(e),
James C..tewart ((20:)p[
'0" E" '" # 0""#
O public from the Ccncial. Accounting A.55a. 50.59(b). (c). 50Z(a). (b). (c). (d).
Office (CAO) to the Office of (e). 50.7:(a). (b), 50.80. 50.82. 50.90, and Management and Budget (OMB). The Appendices A. B. C. F. C. H. J. K. and R.
gf General Counse!.Fecerag:
=ank Board. u 00 C Street......
Act requires that each existing information collechen requirement be
{ 50.110 [ Amendedl Washington. D.C. 20552.
reappreved by OMB as existine CAO
- . The ncte fo::cwin; ! 50mc is SUPD*EJEVrARY INFORfA AT oM: ~
c'earances expire. ~his requirei.ent remo v ed.
Feder:I Home Lean Lni Sca-d