ML20055A262
| ML20055A262 | |
| Person / Time | |
|---|---|
| Site: | Millstone, Oyster Creek, Haddam Neck, 05000000 |
| Issue date: | 01/21/1982 |
| From: | Schwartz S NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| To: | Crutchfield D Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML20049H237 | List: |
| References | |
| FOIA-82-216 NUDOCS 8207160034 | |
| Download: ML20055A262 (11) | |
Text
'
UBilTED STATES d i NUCLEAR REGULATORY COMMISSION
' kd
'4ASHINGTON O. C. 20555
- d. kj' l3
'JAN 21 932 MEMORANDlIM FOR:
Dennis M. Crutchfield, Chief Operating Reactors Branch #5 Division of Licensing Office of Nuclear Reactor Regulation FROM:
Sheldon A. Schwartz, Actinp Chief Emergency Development and R2 31se Branch Division of Emergency Preparede 3s Office of Inspection and Enfort.cuit
SUBJECT:
LICENSEE'S REQUESTS FOR EXEMPTION FROM PROMPT NOTIFICATION SYSTEM DEADLINE Effective December 30, 1981, the Commission approved the rule change to change the deadline for implementation of a Prompt Notification System to February 1, 1982.
Several licensees have requested exemptions from this deadline and for the reasons given in the attached responses they were denied.
(' '
I hereby request that you forward the attached responses to the licensees as soon as possible.
U
' Sheldon A. Schwartz, Acting Chief Emergency Development and Response Branch Division of Emergency Preparedness Office of Inspection and Enforcement Attachments:
As stated 1
~ ~ ~ ~
8207160034 820528 PDR FOIA WATKINS82-216 PDR
t Docket Nos. 50-213/245/335 Northeast Utilities ATTN:
W. G. Counsil Senior Vice President P. O. Box 270 Hartford, CT 06101
Dear Mr. Counsil:
This is in response to your October 20, 1981 letter commenting on the proposed rule change to change the deadline for implementation of a prompt notification system.
fi The Commission appreciates your comments.
The information you provided us, along with other comments received, was taken into consideration in the Commission's decision for the issuance of the final rule.
You should be aware, however, that the Commission approved the rule change modifying the deadline to February 1,1982, (See FR Vol. 46, No. 250, Pages 63031 - 63033 dated December 30, 1981, copy attached).
The revised emergency planning regulation, which became effective November 3, 1980, required that, by July 1,1981, the licensee demonstrate that administrative and physical means were established for alerting and providing prompt instruction to the.public within the plume exposure pathway Emergency Planning Zone.
Many licensees did not meet this requirement by July 1, 1981; the failure attributed to unforeseen difficulties and uncertainties
' Northeast Utilities.
surrounding the design, procurement and installation of the prompt notification systems.
In August, the Commission proposed the extension of the July 1, 1981 date to February 1,1982, but determined that if the systems were not installed and operable by February 1,1982, the licensees would be subject i
to enforcement action.
On December 30, 1981, a final rule change which was immediately effective, delayed this implementation date for prompt public notification systems from July 1,1981 to February 1, 1982 (46 FR 63031).
When the Commission chose the February 1,1982 deadline, they were aware that some licensees were estimating that they might not be able to complete installation of their systems by that date.
Even with this knowledge, the Commission decided that the February 1,1982 date was reasonable, given the fact that all licensees should have been able to meet this deadline by having applied sufficient resources to the task without delay.
This is l
particularly true since the licensees have known of the recuirement since September 19, 1979, when the proposed rule changing 10 CFR 50 Appendix E was published in the Federal Register (44 FR 54308).
In view of the above, and the requirements of the final rule on the prompt public notification system, your estimated compliance date of July 1,1982 is unsatisfactory.
However, in the course of the decision to dalay the implementation da'te to February 1,1982, the Commission was aware as discussed above, that a licensees' inability to meet the July 1,1981 date could be attributed to causes beyond his control.
The Commission will take into consideration any mitigating circumstances in determining the degree of enforcement action.
,florthtast Utilities.
In this regard, your attention is directed to Paragraph 3 of Part II of the Supplementary Information Section of the Final Rule published in the Federal Register on December 30,1981 (FR Vol. 46, No. 250, Pages 63031 - 63033 copy attached).
Sincerely, Dennis ". Crutchfield, Chief Operating Reactors Branch #5 Division of Licensing Office of Nuclear Reactor Regulation
Attachment:
As stated
(
t j
l
m
-..y Rules c.nd Regulationo red aar nes * <
Vol 48. No. 250 Wednesday. December 30. 1981 e
This secten of the FEDERAL REGISTER On August 11.1981, the Commission This decision is based on a contains regstatory documents having.
discussed possible actions because recognition that emergency plans and.
general appacacility and regal effect, most licensees failed to comply with the July preparedness have significantly Ne 1.1981 requirement contained in 10 CFR improved within the last year at and o F Regulat o wh is 50.47(b)[3) and 10 CFR 50. Appendix E, around every nuclest power plant site.
puttished under 50 t*Jee pursuant to 44 Section IV.D.3. The liccusees' failure to This significant improvement has been tJ.S.C. 1510.
l The Coce of Federal Regulations is sold meet the July 1.1981 date was ' attributed confirmed by NRC teams who have by the Supenntendent of Docurnents.
to unforeseen difficulties and vist'ted a number of plant sites to Prices of new books are listed in the uncertainties surrounding the design.
evaluate the licensees' compliance with first FEDERAL REGISTER issue of each procurement and installation of the the upgraded emergency planning prompt notification systems, regulations of August 1980. In adQSn.
At the August 11.1981 meeting, the the Federal Emergency Management Commission approved publication of a Agency (FEMA) and the NRC have -
NUCLEAR REGULATORY proposed rule change which would monitored numerous nuclear eme:r ncy COMMISSION provide an extension of the July 1.1981 exercises involving State and local date to Febniary 1.1982. (See 46 FR governments and the licensees, and 10 CFR Part 50 46587). That Federal Register notics again have witnessed a significant requested public cornment during a 30 improvement on onsite and offsite day period ending October 21.1981.
P par es f oduction and-To date, comments have been The decision,to delay the Util!zation Facilities received from four NRC licensees, five implementation data is also based on AcaNCY: Nuclear Regulatory.
Individuals or organizations in the the recognition that there exist Commission.
nuclear industry, one from the general customary warning systems (police.
ACTtoN: Final rule.
Public, three icom environmental radio, telephone) which are viewed as organizations, one from a mass transit sufficiently effective in many postulated sumuany: The Commission is making system director, and one fr,m a State accident scenarios. In view of the above, two changes to its emergency planning.
governor.The comments received from _ the Commission finds that there exists regulations. He change to 10 CFR Part the general pub!!c and from the sufficient reason to beIIeve that
- 50. Appendix E delays the date by which environmental organizations were appropnate protective measures can prompt public notification systems must against delaying the implementation and will be taken for the protection of
\\
be operational around all nuclear power date to February 1982.The letters from the health and safety of the public in the plants. The change to i 50.54 clarifies the other commenters generally agree event of a radiological emergency during the language of the rule to conform with with extending the implementation date the extended time period for the Commission's intent at thq time of along with additional suggestions.
compliance.
pmmulgation-One suggested modification to the II. na Amendment to 10 CFR 50.54 EMCTIVE DATE: December 30,1981, proposed rule change, which has been Additionally.10 CFR 50.54(s)(2).
accepted and included in these final 8
ron runTwsn inconuAnoN CONTACT.
currently requires that.
amendments,is not to eliminate the Michael T. Jamgochian. Human Factors Branch. Office of Nuclear Regulatory I ur-month period for correction of any "For operating power reactors. the licensee.
Research. U.S. Nuclear Regulatory deficiencies identified during the initial state, and local emergency response plane Commission. Washington, D.C. 20555 testing of the prompt notification shall be~ implemented by Apnl1.1981. except -
(telephone 301-443-5942).
systern. The Commission now believes as provided in Section IV.D.3 of Appendix E that the elimination of this four-month of this part. If siter Apnl1.1961, the NRC suppt.ruexTany imponesAnon:
period would be inconsistent with the finds that the state of emergency I. The Amendment to 10 CFR Part Se, need to perform a reasonable test of the preparedness does not provide reasonable Appendix E
' system and make any needed changes assurance that adequate protective measurve as indicated by the test results. ne can and will be taken in the event of a I
On August 19.1980, the NRC enclosed effective regulation radiological emergency and if the deficiencies published a revised emergency planning incorporates this concept The.
are not corrected within four months of that regulation which became effective on installation date. however. remains finding the Commission will determine November 3,1980. He rule required February 1.1982, and any licensee not whether the reactor shall be shut down until licensees to demonstrate, among other completing the installation by that date such deficiencies are remedied or whether things, by July 1.1981:
would be subject to enforcement action.
other enforcement action is appropnate."
" p 8ie
' ne been lahti I.'d f After evaluating all public comment It has come to the Commission's.
,, n i
! tiers received. the Commission has attention that because this section of ther providing prompt instructions to the public decided to publish. as immediately_
regulation was written as one within the plume exposure pathway EPZ. The design objective shall be to have the effectima final rule change to10 CFR paragraph. it can be interpreted to mean capahitify to essentia!!y complete the imtlal fart 50. Appendix E which will delay the that the four-month period for the notification of the public wit:iin the plume implementation date for the prompt correction of emergency preparedness esposure pathway EPZ within about 15 public notificatiun systems from July 1 deficiencies does not apply to "Sec!!an minutes-1081 to February 1,1982.
IV.D.3 of Appendix E."
.s.
.. / Edes and R@
,ns e
nk is a t-
-~ ;~ 1ti:n c!do P.m!stcry I';c.G..:y Act CI:k=ent D. ::c:ll c:: :n Pmced;.es Cammission's L-..~..hich was that be f: r/ month pe.yd is to apply to any Pursuant to the F.t;ulatory F!cxii>ility deficienc:es id:n:.5d in de emergency Act of 1980. Pub. L 0 r-354. the NRC has
- 3. A Ucensee shall have the capability to plans. The Cc...su,on is therefore determi::ed:(1)D:t the dPlaying of the
- [*M',P "g','DI* 8$, jiNminutes
'v6g i IO.! *,sH ) to more clearly i=p!ementation date for the prompt n,
g,nc that intent. The four. month pub!!c notification systems w:H not have fter declaring an emergepcy. De licenses shall demonstrate that the State / local
. provided in i 50.54(s)(2), will not a significant econ:mic impact on a ofnef als have the capability to make a public apply to any licensee for de installation substantial number of small entitles, notdicarica decision prompdy on being and initial test of the pubhc noti'lcation punuant to the Regulatcry Flexibility informed by the licenses of an emergency,
system by February 1.1982.If a licensee Act of1930, section C05(b) and ( ) that condition. By February 1. !982. each nuclear
!s not in cotcpliance with this the rule change to i 50.54(s)(2)is not p:w er reactor !!censee shall demonstrate that requirement for insta!!a!!on and tesdag subject to the provisions of the ad=In!strative and physical means have been by February 1.1982. the Commaslon Regulatory F!enibility Act of1980.
[u t.k.8 will consider taking appropriate because the Commission has determined ot ep b 1 e enforccment acticas promptly at that pursuant to 5 U.S.C. 553 that a notice of exposure pathway EPZ. ne four. month penod in 10 CTR 50.54(s}(2) for the correction time. In deter:p.ining appropriate proposed rulemaking for ! $0.54 (s)(2) of emergency plan deficiencies shall not enforcement action to initiate, the need not be issued and that the rule may apply to the imtial Installation of this public Commisslan wiH tule into account be promul;ated in final form and notiteation system that is required by among other factets, the demonstrated become eifective on December 30,1981.
February 1.1952. The fourcenth period will dillgencs of be licensee in attempting to Paperwork Rcduct:an Act Statement apply to correction of defic:encies identifled fulfH1 the prompt public notification dunng the initialinstallation and testing of cap:bility requirement. He Commission Pursuant to the provisions of the the prompt pub /lc notification systems os Paperwork Reduction Act of 1980 (Pub.
y' #[j'h#[y[c'u'Io*f will consider whether the licensee has L 96-511), the NRC has made a f.j kspt tha NRCinformed of the steps that determination that this final m!e does public notification system shall be to have r e pt it hrs taken, when those steps were tzksn and any significant problems not impose new recordkeeping.
the capability to essentiaRy complete the Initial notincation of the public within the encount; red, and the updated timetable information collection, or reporting plume exposure pathway EPZ within about requirements.
which tha IIcensee expects wiH be met 15 minutes.De use of this notification in achicsing full compliance with the Pursuant to the Atomic Energy Act of capability will range from immediate 1954, as amended. the Energy notification of the public (within 15 minutes prompt public notification capability Reorganization Act of 1974, as amended, of the time that State and local officials are requirements. De four month period will, h:wc.ver, apply to correction of and section 553 of title 5 of the United nonfied that a situation exists requiring defici:ncies identified during the initial States Code, the fellowing amendments
,',,*, 7
,[.['((3gfa, (Ist cf th3 prompt public notification to 10 CFR Part 50 are published as systms well as those deficiencies docuinents subject to codification:
t!c State and local governmental officials to make a judgment whether or not to activata dit rd thereafter.
PART 50-00MESTic LICENSING OF the public notification system. Where there is
.sa the amendment to PRODUCTION AND UTILIZATION a decision to activate the notification systern.
i 50.54(s)(:)is Interpretative and of a FAC!t.! TIES the State and local ofDcials will determine whether to activate the entire notification b iy ti is1 8
8 8 a
a ann so f
' Commissi:n's intended meaning at the
'''"8 '"'h
- P" h II' "
"II'
" ' Y
.ma of promulgation, the Commission Authority: Seca.103.104. tert.182.189. 68 shall remain with the appropriate finds good cause to dispense with Stat. 93a 937. 948,953. 954. 955. 956, as gavernmental authorities, advance notice and opportunity for amended (42 USC:133.:134.::ot.::3:.
+
public comment thereon as unnecessary. ::33. ::391: secs. 01 :02.:os..sa Stat.1:43.
For this re: son. this change shall be 44.1:46 (42 USC 5841. 5842. 58461. unless
- 1 0.54(sM:) is mWsed to mad as 1:
otherwise noted. Section SoJs also issued I UO"8:
effIctiva cs a final rule on December 30, under sec.12:. 38 Stat. 939 (42 USC 0152).
1981.
Sectton 50. 78-50.81 also issued under sec.
l50.54 Conditions of licenses.
I.ik: wise. the Commission is te4. as Stat. ss4. as amended (4:USC::34).
aublishing the final amendments to 10 ecu na m 102gsued under see.186.
(s) * *
- OFR Part 50. Appendix E (extending the
)se"e$$*Sfaf9$a. e a'm n ed$42
( W For operating power reactors. the mpirmIntation date for the installation USC ::731.150.4111) issued under sec. to11.
licensee. State, and local emergency
)f a prompt public notification system) ea Stal 949 (42 U.S C ::01(ill: !! 5050. Soft, response plans shall be empfemented by is effective immediately upon and SoJ8 issued under sec.181o. 68 Stat.950.
Apnl 1,1981. except as provided in
>uo!! cation, pursuant to 5 U.S.C.
as amended (42 USC 2:01(o)). and the lawa Section IV.D.3 of Appendix E to this 153(d)(1). since the rule is expected to referred to in Appendices, elleva th2 obligation of certain part.
icensees with respect to the present AppendtsE TAmended)
(ii) If after April 1.1981. the NRC finds uly 1.1981 deadline for operational
- 1.Section IV.D.3 of Appendix E to thet the state of emergency preparedness iublic notification systems. In that Part W is mvised to mad as foHows:
does not provide reasonable assurance egard. th Commission notes that the that adequate protective measures can inal rula. when effective, will be hppendia E-Emcegency Pfanning and and will be taken in the event of a pplied ta engoing licensing proceedings Preparedness foe Production and Utilization radiological emergency (including
=
rac2tittaa.
ow pending and to issues'or lindings based on requirements of e
e o
e Appendix E. Section iv.D.3) and if the onte**"'ns therein. Union of Concerned Cle
'. 4EC. 499 F. 2d ICG9 (D.C.
m,4.n c... w,o %,d in comn, anes Jr.
test showing changes from the proposed rule ch. nee puw.hed m the rederat resister on September 21.19st.
.. :.nd Rrr.:l:N:. -. ~ -.". _
C 33
". ' tcr / Vol. 46. No. ~ '
'... _n n dt.y. Dece:nber 20. 1001 /
r dedick:A(l.a! ft:gdc!!ciencies
- .; pts to the application.
Datcd.t rehesd:. Maryland. Ws tith day of Dece.ber,198L based on te juimments o/ Appendix E.
recordbcping, and reporting For the Nuclear Regulatory Commf saim Section IV.D.3) are not corrected within requirements contained in NRC four months (,! that finding, the regulations.
Wullam ). Dircks.
Comnussion will determine whether the on October 30,1981. the NRC Execu:!re D&ectorforopemtions.
reactor shallbe shut down until such obtained OMB reapproval for the p o,. n.cose nt,4 is.:s i. a.s deficiencies are remeuled or whether information collection requirements suo coot rsoo.ai-u other enforcement action is appropriate.
contained in 10 CFR Part 50.This In determining whether a shutdown or amendment adds a new I 50.8 to Part 50 other enforcement action is appropriate.
setting out the OMB approval number.
DEPARTMENT OF ENERGY the Commission shall take into account.
the expiration date of the current among other factors, whether the.
approval. and a list of sections within 10 CFR Part 503 licensee can demonstrate to the
~
Part 50 that contain an approved -
! Docket Ns. ERA-R-41-06]
Commission's satisfaction that the information collection requirement. This I
deficiencies in the plan are not amendment also removes the note Powerp!:nt and Industrial Fuel Use.'.ct significant for the plant in question or concerning the expired CAO clearancs of 1978; Final Rules that adequate interim compensating that follows 1 50.110.
actions have been or will be taken Because this is a nonsubstantive correction promptly. or that that there are other amendment dealing with a minor In FR Doc. 81-34770 appearing on compelling reasons for continued procedural matter, good cause exists for page 59872 la the issue of Monday, operation.
finding that the notice and comment December 7.1981. make the fo!!owing procedures of the Administrative corrections:
Procedure Act (5 U.S.C. 553) are (1) In i 503.6(c][2]. the following !!=c Dated at Washington. D.C. this 23rd day of unnecessary and for makmg the were inadvertently omitted above tb December.1381.
equation on page 59906:
ame For the Nuclear Regulatory Commission.
n oi e
c 19 EQ4 DELTA = COST 8**"*II' N as amended, the Energy Reorganization (ALTERNATE}-COST (OIL) where Secretary of t3e Commission.
Act of 1974, as amended, and 5 U.S.C.
COST (ALTERNATE) and COST [ OIL) p D= 82-m rw u sams W 552 and 553, the following amendments are determi y:
8*G CODE 75***
to 10 CFR Part 50 are published as a document subject to codification.The (2)In i e), paragraph (5) war
. incorrectly ated as (b); therefore to CFR Part 50 authority citation for this document is:
on page 59914. first column. in the 30tb Reporting. Recordkeeping, and PART 50--00MESTIC LICENSING OF line. "(b) For powerplants..." should Application Requirements; Approval PRODUCTION AND UTILIZATION have read "(5) For powerplants...". -
FACit.ITIES sumo coos iscs-et-=
Acencr. Nuclear Regulatory l
t Commission.
Authority: Sec.161. Pub. l. 8Mo3. C8 Stat.
ACTION: Final rule..
948 (42 LJ.S.C. 2::01)
FEDERAL HOME LOAN BANK BOARD I. Section 50.8 is added to read as 12 CFR Parts 522 and 545 SUMMART. He Nuclear Regulatory g;; **"
Commission is amending its regulations NM on the domestic licensing of production 150.s Reporting.recordkeeping, and 1
I and utilization facilities to indicate appacation requirements: CEB approval Payment of t.!tigation Expenses of Office of Management and Budget (a) the Nuclear Regulatory Federal Home Loan Bank Officers, s
approval of the information collection Commission has submitted the Directors, and Employees requirements contained in the information collection requirements regulations. nis action is required b7 contained in this part of the Office of cated: December 17.198L the Paperwork Reduction Act of1980-Management and Budget (OMB) for AosNcy: Federal Home Loan Bank trFrcTive DATE: December 30.198L approval as required by the Paperwork Board.
Reduction Act (M I. M1). O2 Action: Final rule.
l FOR FURTHER INFORMATION CONTACT:
approved the mformation collection Steve Scott. Chief. Document requirements an October 30.158L SuuuaRY:The Federal Home Loan Bank Management Branch. Division of (1) The OMB approval number is Board is amending the Regulations for TechnicalInformation and Document 3150-00n.
the Federal Home Loan Bank System to Control. Office of Admmistration.
(2) OMB approval expires April 30 liberalize the terms on which the Banks Telephone:(301) 49m 1982.
may pay expenses of office s. directors.
l SUPPt.EMCNTARY INFORM ATION:The (b) ne approved information and employees involved in litiption Paperwork Reduction Act of 1980 (Pub.
collection requirements include the arising out of their Bank duties. The L 96-511: 44 U.S.C. Chapter 35) application, recordkeeping. and amendment will allow the Federal Home transferred the responsib;lity for reporting requirements contained in Loan Banks to establish their own approving the information collection 1i 50.30. 50.33. 50.33a. 50.34(b). (c). (d),
policies regarding litigation expenses.
J requirements imposed by the Nuclear (fl. 50.34a. 50.35(b). 50.36, 50.30a. 50.48.
EFFtcTws o ATE: December 17.198L l
Regulatory Commission (NRC) on the 50.54(f). (p) (q). (r). (s). (t) (u) 50.55(e).
,g, g,,,,,
gg i
public from the Ceneral Accounting 50.55a. 50.59(b). (c). 50.71(a) (b). (c). (d).
James C. Stewart ([:03) 377-6457). Office Office (CAO) to the Office of (e). 50.72(a) (b). 50.80. 50.82. 50.90 and Ccn j
\\fanagement and Budget (OMB). The Appendices A. B. C. E. C. H. J. K. and R.
)B 00 S Act requires that cach existing Wash.mgton. D.C. 20552.
information collection requirement be
] S0.110 [ Amended]
reapproved by O?.!B a= existing CAO
- 2. ne note following 150.110 is SuPPt.1MENTARY INFORMATION:The clearances expire.This requirement removed.
Federal Home Loan Bank Board is
Docket No. 50-219 Jersey Central Power & Light Company ATTH:
R. C. Arnold Senior Vice President Madison Avenue at Punch Bowl Road Morristown, NJ 07960
Dear Mr. Arnold:
This is in response to your January 5,1981 letter requesting an exemption from the 10 CFR Appendix E requirements concerning installation of the prompt notification system by February 1,1982.
(
i The revised emergency planning regulation, which became effective November 3, 1980, required that, by July 1,1981, the licensee demonstrate that administrative and physical means were established for alerting and providing prompt l
instruction to the public within the plume exposure pathway Emergency Planning Zone.
Many licensees did not meet this recuirement by July -1,
(
1981; the failure attributed to unforeseen difficu'. ties and uncertainties surrounding the design, procurement and installation of the prompt notification systems.
In August, the Commission proposed the extension of the July 1, 1981 date to February 1,1982, but determined that if the systems were not installed and operable by February 1,1982, the licensees would be subject l
to enforcement action.
On December 30, 1981, a final rule change which was immediately effective, delayed this implementation date for prompt public 1
notification systems from July 1,1981 to February 1, 1982 (46 FR 63031).
Jersey Central Power -
& Light Company When the Commission chose the February 1, 1982 deadline, they were aware that some licensees were estimating that they might not be able to complete installation of their systems by that date.
Even with this knowledge, the Commission decided that the February 1,1982 date was reasonable, given the fact that all licensees should have been able to meet this deadline by having applied sufficient resources to the task without delay.
This is particularly true since the licensees have known of the requirement since September 19, 1979, when the proposed rule changing 10 CFR 50 Appendix E was published in the Federal Register (44 FR 54308).
In view of the above, and the requirements of the final rule on the prompt public notification system, your request for an exemption cannot be granted.
However, in the course of the decision to Jelay the implementation date to February 1,1982, the Commission was aware as discussed above, that a
\\_
licensees' inability to meet the July 1,1981 date could be attributed to l
causes beyond his control.
The Commission will take into consideration any mitigating circumstances in determining the degree of enforcement action.
In this regard, your attention is directed to Paragraph 3 of Part II of the Supplementary Information Section of the Final Rule published in the Federal Register on December 30,1981 (FR Vol. 46, No. 250, Pages 63031
,63033 copy attached).
Sincerely, Dennis M. Crutchfield, Chief 1
l Operating Reactors Branch #5 Division of Licensing l
Office of Nuclear Peactor Regulation l
l
Attachment:
As stated l
e m.
rederai x si i r Rules and Regu!ations Vol. 46. No. 250 Wednesday. December 30. 1981 Th!s decision is based on a This secton of the FECERAL REGISTER Ort August 11.1S81. the Commission recognition that emergency plans and contains regulatory documents having discussed possible actions because general applicacil.ty and legal effect. rnost IIcensees failed to comply with the July prepareiness have significantly of wnich are keyed to and cod 6ed in 1.1981 requirement contained in 10 CFR improved within the last year at and around every nuclear power plant site.
uat$o44 50A7(b)(3) and 10 CFR 50. Appendix E.
This sigmficant improvement has been Section IV.D.3. The licensees
- failure to p
d u der 5 tttes p U S'C 1510 meet the July 1.1981 date was attnbuted confirmed by NRC teams who have The Coce of Federal Regulations is sold to unforeseen difficulties and visited a number of plant sites to by the Supenntendent of Docurnents.
uncertainties surrounding the design.
evaluate the licensees
- compliance with Pnces of new books are listed irl the the upgraded en:ergency planning first FECERAL REGISTER issue of each procurement and installation of the regulations of August 1980.In addit.;a.
'"0" prompt notillcation systems.
the Federal Emergency Management At the August 11.1981 meeting, the Commission approved publication of a Agency (FEMA) and the NRC have momtored numerous nuclear emergency NUCLEAR REGULATORY proposed rule change which would exercises involving State and local COMMISSION provide an extension of the July 1.1981 governments and the licensees. and date to Febniary 1.1982. (See 48 FR 10 CFR Part 50 46587).nat Federal Register notice again have witnessed a significant requested public comment dtiring a 30 improvement on onsite and offsite emergency preparedness.
Emergency Planning and day period ending October 21.1981.
The decision to delay the Preparedness for Production and To date. comments have been Utilization Facilities received from four NRC licensees, five implementation data is also based on individuals or organizations in the the recognition that there exist customary warning systems (police.
AGENCY: Nuclear Regulatory nuclear industry, one from the general radio, telephone) which are viewed er Commission.
public, three from environmental sufficiently effective m, many postulated ACTION: Final rule.
organizations, one from a mass transit accident scenarios. In view of the above.
e suuuaRY:The Commission is making system director, and one from a State the Commission finds that there exists I
two changes to its emergency planning governor.The comments received from sufficient reason to beheve that t
regulations. The charge to 10 CFR Part the general public and from the appropriate protective measures can
- 50. Appendix E delays the date by which environmental organizations were and will be taken for the protection of prompt public notification systems must against delaying the implementation the health and safety of the public in the be nperational around all nuclear power date to February 1982.He letters from event of a radiologkal emergency during plants.The change to i 50.54 clarifies the other commenters generally agree the extended time period for the language of the rule to conform with with extending the implementation date compliance.
the Commission's intent at the time of along with additional suggestions.
promulgation.
One suggested modification to the U.The Amendment to 10 CFR 50.54 EFFECTIVE DATE: DecPmber 1.1981, proposed rule change, which has been Add tionally.10 CFR 50.54(s)(2).
accepted and included in these final curren y requires a t.
FOR FtJRTHER INFORMATION CONTAC"C amendments,is not to eliminate the MichaelT. lamgochian. Human Factors four-month period for correction of any "For operating power reactors. the licensee.
Branch. Office of Nuclear Regulatory deficiencies identified during the initial state, and local emergency response plane Research. U.S. Nuclear Regulatory testing of the prompt notification shall be implemented by April 1.1981. except Commission, Washington. D.C. 20555 system.The Commission now believes as provided in Section IV.D.3 of A'ppendix E (telephone 301-443-5942).
that the elimination of this four month of this part. !f after Apnli.1981. the NRC finds that the state of emergency SUPPLEMENTARY INFORMATION:
period would be inconsistent with the preparedness does not provide reasonable I.ne Amendment to 10 CFR Part 50, need to perform a reasonable test of the assurance that adequate protective measures system and make any needed changes can and will be taken in the event of a Appendix E as indicated by the test results.The.
radiological emergency and if the deficiencies On August 19,1980, the NRC enclosed effective regulation are not corrected mthin four months of that published a revised emergency planntng incorporates this concept. The finding. the commission mil determine regulation which became effective on installation date, however. remains whether the reactor shall be shut down until November 3.1980. The rule required February 1.1982, and any licensee not such deficiencies are remedied or whether licensees to demonstrate, arnong other completing the installation by that date othu enforcement action is appropriate."
things. by July 1.1981:
would be subject to. enforcement action.
"that administratise and physical mesna After evaluating all public comment It has come to the Commission's letters received. the Commission has attention that because this section of the pro idins p[o stn etio s I the public p
decided to publish, as immediately regulation was written as one within the plume exposure pathway EPZ.ne effective. a final rule change to 10 CFR paragraph. it can be interpreted to mean des $n objective shall be to have the Part 50. Appendix E which will delay the that the four. month period for the cap.ibility to essentia!!y complete the initial implementation date for the prompt correction of emergency preparedness notication of the public mthin the plume exposure pathway EPZ mthin about 15 public notification systems from July 1.
deficiencies does not apply to "Section i
minutes.
1981 to February 1.1982.
IV.D.3 of Appendix E."
l
~
62032 Federal D M. tee / Vol. 46. No. 250 / Wednesday. December 30. 1981 / Rules and Rc;ulatier.s This is a mis:nterpretation of the Re;ulatory Flexibility Act Statement D.Not ficorn,n Pmcedurev Commission's intent, which was that the Pursuant to'the Regulatory Flexibility four.menth period is to apply to any Act of 1980. Pub. L 96-354, the NRC has
- 3. A licenree shall have the capu li'y tc
" UI
E 'DI' 3' *"dI '"I deficiencies identified in the emergency determined:(1) That the delaying of the Y
plans. The Commissien is therefore implementation date for the prompt UtYr')ea ga nerg ce.see mocifymg i 50.54(s)(2) to more clearly public notification systems will not have shau de=enstrate that the State /locs!
reflect that intent. The four. month a significant economic impact on a officials have the capability to make a pub period provided in i 50.54(s)(2), wiu not substantial number of small entities.
notification decision promptly on be:ng apply to any bcensee for the installation pursuant to the Regulatory Flexibility informed by the licensee of an emergency and initial test of the public notification Act of1980, section 605(b) and (2) that condition. By February 1.1982. each nucle system by February 1.1982.If a licensee the rule change to i 50.54(s)(2)is not power reactor licensee diall demonstrate t is not in compliance with this subject to the provisions of the administrattve and physical means have b established for alerting and providing proc requirement for installation and testing Regulatory Flexibility Act of1980.
,"*ps'),
((y F 7 by February 1.1982 the Commission because the Commission has determined E"
will consider taking appropriate
' pursuant to 5 U.S.C. 553 that a notice of penod in 10 CFR 50.54(s)(2) for the orrecti, j
enforcement actions promptlp at that proposed rulemaking for i 50.54 (s)(2) of emergency plan deficiencies shar. not i
time. In determining appropriate need not be issued and that the rule may apply to the imtialinstallation of tE: publi l
enforcement action to initiate, the be promulgated in final form and nouncation system that is required by Commission will take into account.
become effective on December 30,1931.
February 1.1982. The four. month period w!
among other factors. the demonstrated apply to correction of deficiencies identifie diligence of the licensee in attempting to Paperwork Reductian Act Statement during the initialinstallotion and testing of ftdfill the prompt public notification Pursuant to the provisions of the the Frompt publie notiftlcotion sys!c :s os capability requirement The Commission Paperwork Reduction Act of 1930 (Pub.
wellos tAose deficiencies discovered
'A' will consider whether the licensee has L 96-5u). the NRC has made a pubcnoIir stion te shau be t h ve kept the NRCinformed of the steps that deternunation that this final rule does the capability to essentially completa the it has taken when those steps were not impose new recordkeeping, initial nonacation of the public within the taken and any significant problems information collection. or reporting plume exposun pathway EPZ within abouE encot.ntered. and the updated timetable requirements.
15 minutes.The use of this notincation which the licensee expects will be met Pursuant to the Atomic Energy Act of capability will range from immediate in achieving full compliance with the 1954, as amended, the Energy notification of the public(within 15 riutes prompt public notification capabilit7 Reorganization Act of1974, as amended, of the time that State and local ofScials an requirements. The four-month period and section 553 of title 5 of the United a tiSed that a situation exista requiring will, however, apply to correction of States Code, the following amendments Q'"j a aYa le fc tand I deficiencies identiSed during the initial to 10 CFR Part 50 are publirhed as the State and local governmental officials tc test of the prompt public notification documents subject to codification:
make a judgment whether or not to activar s
systems as well as those deficiencies the public nouncation system. Where there discovered thereafter.
PART 50-00MESTIC LICENSING OF a decision to activate the notincation syster Decause the amendment to PRODUCTION AND UT8LIZATION the State and local ofScials will determine i 50.54(s)(2) is interpretative and of a FACILITIES whether to activate the entire notification
$$7 shf,g f[
e au y
a ar 0 ambg nte Is reads as follows.
Commission's intended meaning at the g
activating such a public notification system ime of promulgation, the Commission Authority: Seca. 103.104.181.182.189.63 shall remain with the appropriate Stat. 938. 937. 948, 953. 954. 935, 95& as governmental authorities.
finds good cause to dispense with amended (42 U.S.C :133 :134. =ct. =32.
advance notice and opportunity for
=33. =391: sees. :ct. :cs. :os. 88 Stat.1:43.
' 150.54(s)(2)is revised to read as public comment thereon as unnecessary.
1:44. us6 (42 U.S.C 5841. 5842. 5848). unless foll"ows:
For this reason. this change shall be otherwise noted. Section 50.7a also issued eflective as a final rule on December 30.
under sec.1=,68 Stat. 939 (42 USC 215:1 e 50.54 Conutions of Deenses.
1981.
Section.n ;8-50.81 also sasued under sec.
Likewise, the Commission is 184. sa Stat. 954 as amended (42 U.S.C =341 S***5 "* ""I"* issued under sec. isa.
(s) * *
- publishing the final amendments to 10 l
CFR Part 50. Appendix E (extending the
,, [ h '*Sfaf 95 [, s (2)(i) For operating powerreactors, th 0
na ded l
implementation date for the installation U.S.C =73). I 50.41(1) issued under sec. 2e11.
licensee. State, and local emergency of a prompt public notification system) 68 Stal 949 (42 U.S.C 2:01(i)); 1150.70. 50.71.
response plans shall be implemented by as effective immediately upon -
and 50.78 issued under sec.1 Slo. 68 Stat. 950, April 1.1981, cxcept as provided in publication, pursuarit to 5 U.S.C.
- s amended (t2 U.S.C =c1(o)). and the ima Section IV.D.3 of Appendix E to this 553(d)(1) since the rule is expected to referred to in Appendicas, part.
(ii)If after April 1.1981,the NRCfini relieve the obligation of certain Appendix E { Amended]
licensees with respect to the present 8
88 emerEu 7 pmPardes july 1.1981 deadline for operational
- 1.Section IV.D.3 of Appendix E to Part 50 is revised to read as follows-that adequate protective measures can pubhc notification systems. In that and will be taken in the event of a regard. the Commission notes that the Appendix E-Emersency Plannins and
, final rule, when effective, will be Preparedness for Production and Utilization radiological emergency (includmg applied to ongomg licensing proceedings Facilitias*
findings based on requirements of Appendix E. Secflon IV.D.JJ and if the now pending and to issues or Contentions thetcin. f. inion of Cancerned Scientists v. AEC. 499 F. 2d 1069 (D.C.
- h rWatWes t>een typed in cow paretire chanse pu%shed tn the Federal Registar on Cir.1974).
temi showwg changes from the proposed rule Sepember :1.1981.
- 081/ Rules and Regulations C2 m Feder:1 Register / Vol. 46. No. 200 / Wednesday. Decembc:
~
.,.m Dated at Bethesda. Maryland. this lith day deficiencies (including deliciencies epplies to the application.
of December.1981.
recordkeeping..and reporting For the Nuclest Regulatory Commissier based on requirensents o/ Appendix E.
requirements containedin NRC William J.Dircks.
Section IV D.J) are not corrected within regulations.
r.xecutiveoinctorforoperations.
four months of that finding, the On October 30.1981, the NRC pon.n-msonwuaseuu )
Commission will determine whether the obtained OMB reapprovalfor the reactor shallbe shut down until suchinformation collection requirements sius.a coor rsee-ews deficiencies are remedied or whethercontained in 10 CFR Part 50.This other enforcement action is appropriate.
amendment adds a new i 50.8 to Part 50 DEPARTMENT OF ENERGY In determining whether a shutdown or setting out the OMB approvalnumber.
other enforcement action is appropriate,
- 6. expiratfon date of the current 10 CFR Part 503 the Commission shall take into account.. approval. and a list of sections within among other factors, whether the Part 50 that contain an approved (Docket No. ERA-R-81-06]
licensee can demonstrate to the information collection requirement. This Powerpla'nt and Industrial Fuel Use < ;
Commission's satisfaction that the amendment also removes the note deficiencies in the plan are not conceming the expired GAO clearance of 1978; Fhal Ruies significant for the plant in ques ton. or that follows ! 50.110.
Correction that adequate interim compensating Because this is a nonsubstantive In FR Doc. 81-34770 appearing on actions have been or will be taken amendment dealing with a minor promptly, or that that there are other procedural matter good cause exists forpage 59872 in the issue of Monday, compelling reasons for continued finding that the notice and comment December 7.1981, make the following operation.
procedures of the Administrative corrections:
Procedure Act (5 U.S.C. 553) are (1) ht i W.6(cH2h the foUowing li u Dated at Washington, D.C.this :3rd day of were inadvertently omitted above the end e e ec ve D b r 30,1981.
equati n n page 59908:
a Under the Atomic Energy Act of1954.
EQ4 DELTA = COST For the Nuclear Regulatory Commission.
as amended, the Energy Reorganization (ALTERNATE)-COST (OIL)where SamuelI. Chi!k.
Act of 1974, as amended, and 5 U.S.C.
COST (ALTERNATE] and COST (O secutoryofrAe commission.
552 and 553, the following amendments are determinedby:
A om n-ron rw 55** **s==l to 10 CFR Part 50 are published as a (2)In i 503.36(a), paragraph (5) was eiu.macoot7s w *
^ document subject to codification. The incorrectly designated as (b): therefore.
authority citation for this document is:
on page 59914. first column. in the 30th 10 CFR Part 50 line. "(b) For pcwerplants..." should Reporting, Recordkeeping, and PART 50-DOMESTIC LICENSING OF
'have read "(5) For powerplants...".
/
App!! cation Requirements; Approval PRODUCTION AND UTILIZATION siu.mc coor isese.m FACILITIES AcENCY: Nuclear Regulatory Authority Sec.181. Pub.1.83-703. na Stat.
FEDERAL HOME LOAN BANK BOAF Commission.
948 (42 U.S.C =m)
ACTION: Final rule.
- 1. Section 50.8 is added to read as 12 CFR Parts 522 and 545 The Nuclear Regulatory
SUMMARY
(No. 81-800]
Commission is amending its regulations Reporting.recordkeeping, and Payment of Litfgation Expenses of on the domestic licensing of production j 50.8 appacation requirements: OMB spprovsL Federal Home Loan Sank Officers, and utilization facilities to indicate (a) the Nuclear Regulatory
~
Caectors, and Employeec.
Office of Management and Budget Commission has submitted the approval of the information collection information collection requirements D, ted: December 17.1981.
requirements contained in the regulations. This action is required by contained in this part of the Office of
.acENCnFederal Home Loan Bank Management and Budget (OMB) for the Paperwork Reduction Act of1980.
approval as required by the Paperwork Board.
EFFECTIVE DATE: December 30.198L Reduction Act (Pub. L.96-511). OMB ACTION: Final rule.
FOR FURTHER INFORMATION CONTACn approved the information collection suMuaRnThe FederalHome Loan Steve Scott. Chief. Document requirements on October 30.1982.
Board is amending the Reguistions for Management Branch. Dmston of (1) The OMB approval numberis the FederalHome Loan Bank System to TechnicalInformation and Document 3150-0011.
liberalize the terms on which the Ba Control. Office of Admuustration.
(2) OMB approval expires April 30.
may pay expenses of officers directors.
and employees involved in litigation Telephone: (301) 492-4585.
. 1982.
SUPPL.EMENTARY INFORMATION:The
- (b) The approved information arising out of their Bank duties. The Paperwork Reduction Act of1980 (Pub.
collection requirements include the amendment will allow the Federal Ho L 96-511: 44 U.S.C. Chapter 35) application.recordkeeping and Loan Banks to establish their own reporting requirements contained in ii 50.30. 50.33. 50.33a. 50.34(b). (c). (d).
policies regardmg litigation expenses.
transferred the responsibility for approving the information collection (f). 50.34a. 50.35(b). 50.30. 50.36a. 50.48 EFFECTrvs oATE: December 17,1981.
requiremente imposed by the Nuclear 50.54(f). (p). (q). (r). (s). (t). (u). 50.55(e).
FoR ruRTNER INFORMAT!oN CONTAC Regulatory Commission (NRC) on the 50.55a. 50.59(b). (c). 50.71(a). (b). (c). (d).
James C. Stewart ((202) 377-6 public from the Ceneral Accounting (e). 50.72(a). (b). 50.80. 50.82. 50.90, and of GeneralCounsel.FederalHome Lo Office (CAO) to the Office of-Appendices A. B. C. E. G. H. J. K. and R.
Bank Board.1700 G Street. NW.
Management and Budget (OMB).The Washington. D.C. 20552.
Act requires that each existing i 50.110 IAmendedl SUPPLEMENTARY INFoRMaTION:The information collection requirement be 2.The note following i 50.110 is Federal Home Loan Bank Board is-reapproved by OMB as existing CAO removed.
clearances expire. This requirement
.