ML20055A269

Forwards Responses Denying Licensee Requests for Exemption from 820201 Prompt Notification Sys Deadline

ML20055A269
Person / Time
Site:	Millstone, Haddam Neck, 05000000
Issue date:	01/27/1982
From:	Schwartz S NRC OFFICE OF INSPECTION & ENFORCEMENT (IE)
To:	Crutchfield D Office of Nuclear Reactor Regulation
Shared Package
ML20049H237	List: ML20049H235 ML20049H967 ML20055A260 ML20055A261 ML20055A262 ML20055A263 ML20055A269 ML20055A270 ML20055A273 ML20055A274 ML20055A275 ML20055A277
References
FOIA-82-216 NUDOCS 8207160047
Download: ML20055A269 (6)

Text

,

,((. s mk UNITED STATES NUCLEAR REGULATORY COMMISSION g

W A5HINGT ON, D. C. 20555 5'

j e

,,, /

January 27, 1982 g

MEMORANDtM FOR: Dennis M. Crutchfield, Chief Operating Reactors Branch iS Division of Licensing Office of Nuclear Reactor Regulation

,Q t

FROM:

Sheldon A. Schwartz, Acting Chief 4\\6 Emergency Development and P,esponse Branch Division of Emergency Preparedness Offica of Inspection and Enforcement

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.

Northeast Utilities has requested an exemption from this deadline and for the reasons given in the attached response, it was denied.

This response replaces the one that was sent to you on January 21, 1982, in order to include infonnation in a January 18, 1982 letter from the licensee.

~

I hereby request that you forward the attached response to the licensee as soon as possible.

4

'Sheldon A. Schwap!z, Acting Ch f

Emergency Develo) ment and Response Branch

/

Division of Emergency Preparedness Office of Inspection and Enforcement

Attachment:

As stated

\\

I.

8207160047 820528 PDR FOIA WATKINS82-216 PDR

~

Docket Nos. 50-213/245/335 Northeast Utilities ATTN:

W. G. Counsil u,.

Senior Vice President li, P. O. Box 270 Hartford, CT 06101 As.

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 and your January 18, 1982 letter requesting that the

-?

^

deadline f'or implementation of your orompt notification system be extended from February 1, 1982 to August 1, 1982.

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.

As to your request for extension, 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, and that all licenseas 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

!;ortheast Utilities -

the requirement since August 19, 1980, when the final rule changing 10 CFR k

50 Appendix E was published in the Federal Register (45 FR 54402).

In view of the above, and the requirements of the final rule on the prompt public notification system, your request is denied.

However, in the course of the decision to delay the implementation' date to February 1, 1982, the Commission was aware 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.

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 copyattached).

Sincerely,

~

!Ql}

Dennis M. Crutchfield, Chief.

Operating Reactors Branch f5 Division of Licensing Office of Nuclear Reactor Regulation

Attachment:

As stated

(

4 O

1

Dril e

redma me Rules and Regulations Vol 48. No. 250 Wednesday. December 30, 1981 This section of the FEDERAL REGISTER On August 11,1981, the Commission his decision is based on a contains regulatory documents bann9 discussed possible actions because recognition that emergenay plans and general apphcatAty and legal effect, rnost licensees failed to comply with the July preparedness have significantly 1, 981 requirement contained in 10 CFR improved within the last year at and tr Code Fe al R at whech is 50.47(b)(5) and 10 CFR 50. Appendix E, around every nuclear power plant site.

putilishe'f under 50 titles pursuant to 44 Section IV.D.3. The licensees

• failure to his significant improvement has been U.S C. 1510.

meet the July 1,1981 date was attributed confirmed by NRC teams who have The Code of Federal Regulations is sold by the Supenntendent of Documents.

to unforeseen difficulties and visited a number of plant sites to Pnces of new bools are hsted 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 addition.

At the August 11,1981 meeting, the the Federal Emergency Management monitored 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 February 1,1982. (See 48 FR 10 CFR Part 50 46587).That FederalRegister notice again have witnessed a eignificant requessed public comment during a 30 improvement on onsite and offsite Emergency Planning and day period ending October 21,1981.

emergency preparedness.

act tfe,toduction and To date, comments have been The decision to delay the P

received from four NRC licensees, five implementation data is also based on t zaton individuals or organizations in the the recognition that there exist nuclear industry, one from the genera) customary warning systems (police.

ActNCv: Nuclear Regulatory Public, thee from environmental radio, telephone) which are viewed as Commission.

sufficiently effective in many postulated i

ACTION: Final rule.

organizations, one from a mass transit accident scenarios. In view of the above,

SUMMARY

The Commission is making system directer, and one from a State the Commission finds that there exists two changes to its emergency planning governor.The comments received from sufficient reason to believe that regulations. The change to 10 CFR Part the general public and from the 50 Appendix E delays the date by which environmental organizations were appropriate protective measures can 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 operational around all nuclear power date to February 1982.'I11e letters from event of a radiological emergency during plants.%e 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 II.The Amendment to lo CFR 50.54 EFFECTIVE DATE: December 30,1981.

proposed rule change, which has been A

.ona]10 50MsX2),

accepted and included in these final

+

FOR FURTHER INFORMATION CONTACT:

amendments,is not to ehmmate the Michael T. lamgochian, Ifuman Factors f ur. month period for correction of any "For operating power reactors, the licen'see, Dranch. Office of Nuclear Regulatory deficiencies identified during the initial state, and local emergency response plans Research, U.S. Nuclear Regulatory testing of the prcmpt notification shall be implemented by Apri!1.1981, except Commission Washington, D.C. 20555 system. The Commission now believes as provided in Section IV.D 3 of Appendix E (telephone 301-44b5942).

that the climination of this four-month of this part.If after April 1,1981,the NRC finds that the state of emergency SUPPLE ME NTARY INFORM ATION:

period would be inconsistent with the preparedness does not provide reasonable I. The Amendment to 10 CFR Part 50, need to perform a reasonable test of the assurance that adequate protective measures Appendix E system and make any needed changes can and will be taken in the event of a 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 within four months of that published a revised emergency plann, g incorporates this concept.The finding. the Commission will determine m

regulation which became effective on installation date, however, remains whether the reactor shall be shut down until November 3,1950.The rule required Felruary 1,1982, and any licensee not such deficiencies are remedied or whether licensees to demonstrate, among other completing the installation by that date other enforcement action is sppmpriate."

things, by July 1,1981:

would be subject to, enforcement action.

that admir.istratise and physical means After evaluating all public comment It has come to the Commission's letters received, the Commission has attention that because this section of the proIpt Ythe public decided to publish, as immediately regulation was written as one ctio s t to in within the plume esposure pathway EPZ.The effective, a final rule change to 10 CFR paragraph,it can be interpreted to mean desyn objectise shall be to hase the Part 50, Appendix E which will delay the that the four. month period for the capalahty to essent! ally complete the initial implementation date for the prompt correction of emergency preparedness notification of the public within the plume espmure pathway EpZ within about 15 public notification syr.tems from July 1 deficiencies does not apply to "Section

~

minutes."

1981 to February 1,1982.

IV.D.3 of Appendix E."

e

e

,o (13032 Federal Ib Atcr / Vol. 40. No. 250 / Wedr.csday. December 30, 1981 / Rules and Regul..tions o

This is a misinterprttation of the Regulatory Flexibility Act Statement D. mt:ficotwn Pmcedures Commission's intent, which was that the Pursuant to the Regulatory Flexibility

3. A licensee shaU haie the capability to four. month period is to apply to any Act of 1980. Pub. L 96-354. the NRC has notify resp nsible State and local deficiencies identified in the emergency determined:(1)'Diat the delaying of the 8""'""!'I '8"' * " ' " ""'

plans.The Commission is therefore imp!cmentation date for the P,rompt after declanng an emergency.The licensee modifying ) 50 54(a)(2) to more clearly public notification systems wdl not have shall demonstrate that the State / local reflect that intent The four-month a significant econo:nic impact on a officials have the capability to make a public period provided in i 50.54[s)(2), will not substantial number of small entities.

notification decision promptly on being apply to any bcensee for the installation pursuant to the Regulatory Flexibility informed by the licennee of an emergency and initial test of the pubhc notification Act of 1980, section 005(b) and (2) that cond2t2on.By February 1.19C cach nuclear system by Februsty 1.1982, if a licenses the rule change to i 50.54[s)(2)!s not power reactor hcensee shall deecnntate that administrative and physical means have been is not in compliance with this subject to the provisions of the established for alerting and providmg prompt requirement for installation and testing Regulatory Flexibility Act of1980, c

o the pl me Eo'd ininstmetions(( e p by February 1.1982. the Commission because the Commission has determined will consider taking appropriate

' pursuant to 5 U.S.C. 553 that a notice of CR

{s][2] for e rrection enforcement actions promptly at that proposed rulemaking for i 50.54 (s)(2) of emergency plan deficiencies shall not time. In determinmg appropriate need not be issued and that the rule may apply to the initiat installation of this public enforcement action to initiate, the be promulgated in final form and notiDcation system that is required by Commission will take into account.

becorae effective on December 30.1981.

February 1.1982. The four-month period will among other factors. the demonstrated apply to ccrrection of deficiencies identified diligence of the licensee in attempting to Paperwork Reduction Act Statement durin? the initialinstallation and testing of fulfill the prompt public notification Pursuant to the provisions of the the rrompt public notification systems os well os those deficiencies discoremf capability requirement.The Commission Paperwork Reduction Act of 1980 (Pub.

there frer "ne design objective of the prompt will consider whether the licensee has I_11G-511). the NRC has made a kept the NRCInformed of the steps that determination that this final rule does

$e apab t3 t > ess comp ete it has taken, when those steps were not impose new recordkeeping.

initial notification of the public within the taken and any sigmficant problems information collection. or reporting plume exposure pathway EpZ within about encountered, and the updated timetable requirements.

15 minutes.The use of this notification which the licensee expects will be met Pursuant to the Atomic Energy Act of capability will ranse frem immediate in achieving full compliance with the 1954. as amended, the Energy notification of the public (within 15 minutes of the time that State and local officials are prompt public notification capabilitT Reorganization Act of 1974, as amended. notified that a situation exists requiring requirementa.1be four-month period and section 553 of title 5 of the United will, however, apply to correction of States Code, the following amendinents Q'"O'y ",{' O'ji i['h*'auabk for deficiencies identified during the initial to 10 CFR Part 50 are published as the State and local governmental officials to test of the prcmpt public notification documents subject to codification:

male a judgment whether or not to activate systems as well as those deficiencies the public notification system. Where there ls discovered thereafter.

PART 54-DOMESTIC t.! CENSING OF a decision to activate the notification system.

Because the amendment to PRODUCTION AND UTILIZATION the State and local ofScials will determine i 50.54(s)(2)is interpretative and of a FACILITIES whether to activate the entire notification

',f,N,"an.Nr sp sibi$ty for j

"g *,P {','[

I"8.an The authority citation for Part 50 5

I g

read 8 88 I II W8:

activating such a public notification system

('ommission's intended iadaning at the shall remain with the appropriate Authodtp Secs. 20J, 204. 281. 282.189. Sa

.me of promulgation, the Commission Stat. 938. 937. M8. 953. 954. 955. 9% as governmental anthorities.

finds 8ood cause to dispense with amended 142 U.S.C 2133. 2134. 2201. 2232.

advance notice and opportunity for 2233. 2239). secs. 201. 202, 206. 88 Stat.1243

2. I 50.54[s)(2) is rev.ised to reag as public comment thereon as unnecessary.

1244.1248 (42 US.C 5841,5842, sme), unless follow 8:

For this reason, this change shall be otherwise noted. section 50.7a also hiued effective as a final rule on December 30 under sec.122. 68 Stat. 039 (42 US C 2152).

I 50.54 Conditions ofIlcenses.

Sectka a 78-50.81 also issued under sec. 1981 154. Os Stat. 954, as amended (42 UAC 2:34).

I ewise, the Commission is Secu ns a t -ato issued under sec. tsa.

(s) * *

• j publishing the final amendments to 10 CFR part 50. Appendix E (extending the

),8'*

• f,fgY,6) dedh"2 (2)(i) For operating power reactors the P'8

,c, g

m licensee. State, and local emergency implementation date for the installation U.s C. 2273). t 50.4t[1) issued under sec.telt.

response plans shall be implemented by of a prompt public notificatica system) 6a Stat.949 (42 U.S.C 2201(i)): 11 50.70.50.71, l

as effective immediately upon -

and 50.78 issued under sec.1010. c3 Stat. 950, April 1.1981, except as provided in "

publication. pursuant to 5 U.S.C.

as amended (42 USC 2201(o)), and the lawsSection IV.D.3 of Appendix E to this 553[d)(1). since the rule is expected to referred to in Appendices.

part.

( )If after April 1.1981,the NRC finds I

relieve the obligation of certain Appendix E' I Amended]

that the state of emergency preparedness licensees with respect to the present co o

p I

d es n t provide reasonable assurance

. July 1.1981 deadline for operational p

e as f that adequate protective measures can public notification systems. In that and will be talen in the event of a

, regard, the Commission notes that the Appendix E-Emergency Planning and radiological emergency (including final rule, when effecth e. Will be Preparedness for Production and Utilization findings based on requirements of applied to o:"Joing licensing proceedings racilities.

Appendix E. Secflon IV.D.3) and if the

~.

now pending and to issues or contentions therein. Union of Concerned

/

Scientists v. AEC. 493 F. 2d 2003 [D.C.

.m 4,non g,, t.een tn ed in corp. mire cha.ge pu u ed in the rederat Restster on -

s Cir.1974).

test shoes charecs tro:n the p-ormed raie september zt.1981.

t i

I I

,e, Fcdctra Regist:r / Vcl. 40. No. 250 / Wzdn:sdiy. Decembc: p.1981 / Rules and Regulations 630U deficiencies (facluding deficiencies applies to the application.

Dated at Lethesda. Mar > land. this 11th day based on reouirements of Appendix E.

recordkeeping, and reporting of December.1981.

For the Nuclear Regulatory Commission.

Section IED.3) are not conected within requirements contained in NRC four months of that finding, the regulations.

William J. Darcks.

Commleion will determine whether the On October 30.1981. the NRC Executive Dinctorfor Opciations.

reactor shall be shut down until such obtained OMB reapproval for the tra om eme ru.a m.au.=1 deficiencies are remedied or whether information collection requirements ow,.o coor reem-as other enforcement action is appropriate.

contained in 10 CFR Part 50. This In determining whether a shutdown or emendment 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 No. ERA-R-81-06)

Commission's satisfaction that the information collection requirement. %is deficiencies in the plan are not amendment also removes the note Powerplant and Industrial Fuel Use ACt signifiunt for the plant in question, or conce ning the expired GAO clearance of 1978; Final Rules that adequate interim compensating that follows i 50.110.

actions have been or willbe taken Because this is a nonsubstantive Correction promptly, or that that there are other amendment dealing with a minor. ts for In FR Doc. 81-34770 appearing on procedural matter, good cause ex2s page 59872 in the issue of Monday, compeling reasons for contmued finding that the notice and comment December 7.1981 make the following operation, procedures of the Administrative corrections-Pr cedure Act (5 U.S.C.553) are (1)In $ 503.6(c)(2), the following line's Dated at Washington. D C. this 23rd day of were inadvertently omitted above the en en ef ec e De e b 30.1981.

equali n on Page 59906:

For the Nuclear Regulatory Commission.

Under the Atomic Energy Act of1954, EQ4 DELTA = COST Samuel J.ChA as amended, the Energy Reorganization (ALTERNATE)-COST (OIL) where Secutaryof#Ae Commission.

Act of 1974, as amended, and 5 U.S.C.

COST [ALIERNATE) and COST [ OIL) in omron ru,a usu u.=1 552 and 553, the fo!Iowing amendments are determmed by:

samo coor mo-os-as to 10 CFR Part 50 are published as a (2)In i 503.38(a), paragraph (5) was documeat subject to codification.%e incorrectly designated as (b); therefore, 10 CFR Part 50 authority citation for this document is:

on page 59914. first column. in the 30th Reporting, Recordkeeping, and PART 50-DOMESTIC LICENSING OF

,line. "(b) For powerplants..." should Application Requirements; Approval PRODUCTION AND UTILIZATION have read "(5) For powerplants...".

sa>G cooc nos-e14 FACILITIES AcENcy: Nuclear Regulatory Commission.

Authority: Sec.181. Pub. L aMo3. es Stat.

ACTION: Final rule.

948 (42 U.S.C. 22o1)

FEDERAL.HOME LOAN BANK BOARD

1. Section 50.8 is added to read as 12 CFR Parts 522 and 545 SuuuARY:%e Nuclear Regulatory f U ws:

Commission is amending its regulations

!No. 81-8001 on the domestic licensing of production i 50.8 Reporting. recordkeeping, and and utilization facilities to indicate application requir ements: OMB approvat.

Payment of Litigation Expenses of Office of hfanagement and Budget (a) the Nuclear Regulatory Federal Home Loan Bank Officers, 4

approval of the information collection Commission has submitted the Directors, and Employees requirements contained in the information collection requirements Dated: December 17.1981.

regulations. nis action is required by contained in this part of the Office of the Paperwork Reduction Act of1980.

Management and Budget (OMB) for AGENCv:Federalllome Loan Bank EFFECTIVE D ATE: December 30.198L approval as required by the Paperwork Board.

Reduction Act (Pub. L. 9G-511). OMB ACTION: Final rule.

FOR FVRTHER INFORMATION CONTACT.

approved the information collection Steve Scott. Chief. Document requirements on October 30,1981.

SUMMARY

ne FederalIfome Loan Bank Management Branch. Division of (1) The OMB approval number is Board is amending the Regulations for the FederalIlome Loan Bank System to TechmcalInformation and Document 315G-0011.

Con ol i

A tration.

(2) OMB approval expires April 30 liberalize the terms on which the Banks

.,. ]

g

- 1982.

may pay expenses of ofn,cers, directors.

SUPPLIMENT ARY INFORM ATION:The

• (b)The approved information and employees involved in litigation 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 t%e responsibility for reporting requirements contained in Loan Banks to establish their own approving the information collection ii 50.30, 50.33. 50.33a. 50.34[b). (c). (d).

policies regarding litigation expenses.

Iequirements imposed by the Nuclear (f). 50.34a. 50.35(b). 50.30, 50.36a. 50.48-ErrtCTIVE DATE: December 17.1981.

Regulatory Commission (NRC) on the 50.54(f). [p). (q). (r). (s). (t). (u). 50.55(e).

roR FURTHER INFORMATtON CONTACT:

public from the Ceneral Accounting 50.55a. 50.59(b). (c). 50.71(a). (b). (c). (d).

}

}'

g7; '

Office (CAG) to the Office of-(e). 50.72(a), (b) 50 80. 50.82. 50.90 and

.fam (C-Fed me a Management and Budget (OMB).The Appendices A. D. C. E. G.11. J. K. and R.

Bank Board.1700 G Street. NW.

Act requires that each existing information collection rcouirement be 1 50.110 ! Amended]

Washington. D.C. 20552.

reapproved by OMB as existing GAO

2. The note foHowing i 50.110 is SUPPLIM ENT ARY IN FOR M ATION:%e Federalliome Loan Bank Board is c!carances expire.This requirement removed.

,