ML20059J015
| ML20059J015 | |
| Person / Time | |
|---|---|
| Issue date: | 12/28/1993 |
| From: | Bernero R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Witt J Federal Emergency Management Agency |
| References | |
| REF-WM-3 NUDOCS 9401310291 | |
| Download: ML20059J015 (11) | |
Text
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The Honorable James L. Witt Director DEC 2 81993 Federal Emergency Management Agency Washington, DC 20472
Dear Mr. Witt:
In response to your October 15, 1993, letter requesting information from the U.S. Nuclear Regulatory Commission for the biennial report you must prepare for the President, regarding the status of the Federal Agency implementation of the " Federal Guidelines for Dam Safety" (FGDS), the NRC staff's report is enclosed.
This report provides the progress on implementation of the FGDS from October 1991 through September 1993.
In August 1992, NRC completed negotiations with the Federal Energy Regulatory Commission (FERC), and in September 1992, an Interagency Memorandum of Agreement was signed.
This provided for NRC obtaining technical assistance' for dam safety inspections from FERC through the use of FERC personnel.
During FY 1993 NRC conducted three inspections with the support of FERC personnel.
Three of FERC's five regional offices were involved in these three initial dam safety inspections, two of which were conducted at facilities associated with the extraction of uranium, and one of which was conducted at a nuclear safety-related dam at a nuclear-powered electric generating facility.
In addition, during this period, NRC provided data to your agency for updating the National Inventory of Dams.
During the coming biennial period, we expect to keep the Federal Emergency Management Agency informed of further progress, through the quarterly meetings of the Interagency Committee on Dam Safety, which are chaired by your representative. Mr John Greeves, Director, Division of Low-Level Waste Management and Decommissioning, remains the NRC Dam Safety Officer.
I trust this letter and the enclosure are fully responsive to your request.
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Sincerely, E0b?!!IJ"T'nadN RobertM.Bernero,iIdlor Office of Nuclear Material Safety and Safeguards
Enclosure:
Eighth Biennial Report TICKET: EDO-9465 (CRC-93-0954)
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The Honorable James L. Witt Director Federal Emergency Management Agency Washington, DC 20472
Dear Mr. Witt:
In response to your October 15, 1993, letter requesting information from the U.S. Nuclear Regulatory Commission for the biennial report you must prepare for the President, regarding the status of the implementation of the " Federal Guidelines for Dam Safety" (FGDS), Federal Agency, the NRC staff's report is enclosed.
This report provides the progress on implementation of the FGDS from October 1991 through September 1993.
In August 1992, NRC completed negotiations with the Federal Energy Regulatory
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Commission (FERC), and in September 1992, an Interagency Memorandum of Agreement was signed. This provided for NRC obtaining technical assistance for dam safety inspections from FERC through.the use of FERC personnel.
During FY 1993 NRC conducted three inspections with the support of FERC personnel.
Three of FERC's five regional offices were involved in these three initial dam safety inspections, two of which were conducted at facilities associated with the extraction of uranium, and one of which was conducted at a nuclear safety-related dam at a nuclear-powered electric generating f acility.
In addition, during this period, NRC provided data to your agency for updating the National Inventory of Dams.
During the coming biennial period, we expect to keep the Federal Emergency Management Agency informed of further progress, through the quarterly meetings of the Interagency Committee on Dam Safety, which are chaired by your representative.
Mr. John Greeves, Director, Division of Low-Level Waste Management and Decommissioning, remains the NRC Dam Safety Officer.
I trust this letter and the enclosure are fully responsive to your request.
Sinceraly, Robert M. Bernero, Director-Office of Nuclear Material Safety and Safeguards
Enclosure:
Eighth Biennial Report TICKET: ED0-9465 (CRC-93-0954) plSTRIBUTION: Central File LLWM r/f PLohaus JAustin MBell LLWM.t/f-JHolonich NMSS r/f JThoma CPoland JTaylor JSniezek HThompson JBlaha DMorris DFutoma 0GC Dir r/f EDO r/f Mark 1Small:BoxeFinTConcurrence' Block thiDefinsj01strWutionlCRPrefersncei In'small Bo'x on ' "0FC" ~ li'n' 'ent'er: 'C '= Cover; E = Cover &' Enclosure; N = No' Copy e
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Th3 H:nsrable James L. Witt Director Federal Emergency Management Agency Washington, DC 20472
Dear Mr. Witt:
In response to your October 15, 1993, letter requesting input from the U.S. Nuclear Regulatory Commission for the biennial report you must prepare for the President regarding the status of the implementation,0f the Federal i
Guidelines for Dam Safety (FGDS) by the Federal agencies, the NRC staff's report is enclosed. This enclosure provides the report of/ progress on implementation of the FGDS for the period of October 199Fthrough September 1993.
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In August 1992, NRC completed negotiations with the Fe'deral Energy Regulatory Commission (FERC), and in September 1992 an Interagency Memorandum of Agreement was signed. This provided for NRC obtaining technical assistance for dam safety inspections from FERC through the use of FERC personnel.
During FY 1993 there were three inspections conducted by NRC, with the support of FERC personnel. Three of FERC's five regional offices were involved in these initial dam safety inspections; two of which were conducted at facilities associated with the extraction of, uranium, and the third was a nuclear safety-related dam at a nuclear-powered electric generating facility.
In addition, during this period NRC provided data to your agency for the updating of the National Inventory of Dams.
During the coming biennial period, we expect to keep the Federal Emergency Management Agency informed of further progress through the quarterly meetings of the Interagency Committee on Dam Safety, that are chaired by your representative. Mr. John Greeves, Director, Division of Low-Level Waste Management and Decommissioning, remains as the NRC Dam Safety Officer.
I trust this letter and the enclosure are fully responsive to your request.
Sincerely, Robert M. Bernero, Director Office of Nuclear Material Safety and Safeguards
Enclosure:
Eighth Biennial Report TICKET: EDO-9465 (CRC-93-0954)
DISTRIBUTION: Central File LLWM r/f Plohaus JAustin MBell LLWM t/f JHolonich NMSS r/f JThoma CPoland JTaylor JSniezek HThompson JBlaha DMorris Dir r/f EDO r/f Mark Sm'all! Bakes in C'oncurr'e'nce?BloskitoLDsfirjelDiftpitiutionlCopyL Preference".
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The Honorable James L. Witt Director DEC 2 81993 Federal Emergency Management Agency Washington, DC 20472
Dear Mr..Witt:
In response to your October 15, 1993, letter requesting information from the U.S. Nuclear Regulatory Commission for the biennial report you must prepare.
for the President, regarding the status of the Federal Agency implementation of the " Federal Guidelines for Dam Safety" (FGDS), the NRC staff's report is enclosed. This report provides the progress on implementation of the FGDS from October 1991 through September 1993.
In August 1992, NRC completed negotiations with the Federal Energy Regulatory Commission (FERC), and in September 1992, an Interagency Memorandum of Agreement was signed. This provided for NRC obtaining technical assistance for dam safety inspections from FERC through the use of FERC personnel.
During FY 1993 NRC conducted three inspections with the support of FERC personnel. Three of FERC's five regional offices were involved in these three initial dam safety inspections, two of which were conducted at facilities associated with the extraction of uranium, and one of which was conducted at a nuclear safety-related dam at a nuclear-powered electric generating facility.
In addition, during this period, NRC provided data to your agency for updating the National Inventory of Dams.
During the coming biennial period, we expect to keep the Federal Emergency Management Agency informec' of further progress, through the quarterly meetings of the Interagency Commit;ee on Dam Safety, which are chaired by your representative.
Mr. John Greeves, Director, Division of Low-Level Waste Management and Decommissioning, remains-the NRC Dam Safety Officer.
I trust this letter and the enclosure are fully responsive to your request.
f; y
0 Robert M. Bernero, Dir'edor.
Office of Nuclear Material Safety and Safeguards
Enclosure:
Eighth Biennial Report TICKET: ED0-9465 (CRC-93-0954)-
DISTRIBUTION: Central File LLWM r/f PLohaus JAustin MBell LLWM t/f JHolonich NMSS r/f JThoma CPoland JTaylor JSniezek HThompson
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THE U.S. NUCLEAR REGULATORY COMMISSION Implementation of Federal Guidelines for Dam Safety Eighth Progress Report (1992 & 1993)
Reporting Period - October 1991 to September 1993 December 1993 I.
Introduction The U.S. Nuclear Regulatory Commission was created as an independent Agency, authorized to regulate and license nuclear facilities and nuclear materials, and to conduct research in support of the licensing and regulatory process.
The Commission does et plan, design, construct, or operate such facilities, nor does it own or control the land on which the facilities are constructed. The legal authority for the Commission in the area or dam safety is derived from the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and the Uranium Mill Tailings Radiation Control Act of 1978 (UMTRCA).
NRC has regulatory authority only over uranium mill tailings dams and those dams integral to the operation of licensed facilities, or the possession and use of licensed material, that pose a radiologically safety-related hazard if they fail.
No changes in dam safety responsibilities have occurred during this biennial period.
II.
Program Actions Since Last Report 1.
Guideline Provisions Not Implemented As described in the last biennial report, NRC developed a Dam Safety Program Plan.
The plan was adopted in July 1991.
The plan described the manner in which NRC would implement the " Federal Guidelines for Dam Safety" (FGDS).
That program plan recognized the need for a review and evaluation of existing NRC criteria and technical guidance against the FGDS, since some elements from three of the four major FGDS areas, were believed not to be properly addressed, within NRC criteria and technical guidance that had been developed to address the nuclear safety responsibilities of the Agency before the development of the FGDS.
It'was envisioned, at the time of the development of the plan, that this step would be the first in the process of implementation of the FGDS. However, because of the slow rate of NRC progress in getting to actual dam safety inspections, a decision was made to move directly to dam safety inspections.
It was believed that since the inspections would be conducted by personnel from the Federal Energy Regulatory Commission (FERC), using FERC's standard Enclosure
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operational inspection procedures, any significant safety issues would be identified. This could be accomplished without NRC having completed a review and evaluation of existing NRC criteria and technical guidance against the FGDS.
Consequently, the elements under FGDS for organization management, management of technical activities and those activities, associated with operation and maintenance, that were identified in the previous biennial report as issues for program review are being addressed as appropriate, during the individual dam facility inspections.
Therefore, the commitment made in the 1990 and 1991 biennial report to complete the development of all the guidance necessary to address the FGDS by the end of March 1992 has not been met. At this time, the intent is to proceed with individual dam inspections until all the facilities in the program have been inspected.
2.
Actions Taken on Comments on the 1990/1991 Progress Report The Federal Emergency Management Agency (FEMA) Comment:
No specific comments were directed toward NRC; however NRC is aware of the fact that the implementation of the program has not proceeded as rapidly as originally planned and discussed in the 1990 and 1991 report.
NRC will attempt to increase the rate at which implementation of the safety program progresses during the next biennial period over that noted for FY93, after the program was fully underway.
FEMA Comments to All Agencies:
State Agency Relationships - NRC agrees with the comments relative to agencies' training courses on dam safety being open to State agencies.
Involvement of State agencies in the development, testing and maintenance of Emergency Action Plans (EAPs) is also important to Federal agencies.
NRC already has significant liaison, with many of the States, relative to the jurisdictional issue, related to regulation of nuclear materials under the NRC State Agreement Program and radiological emergency plans.
NRC will work toward improving State agency relationships, relative to dam safety, using the liaison system already in place for nuclear safety.
Interagency Committee on Dam Safety (1C005) - NRC will continue to support and remain active in the activities of ICODS that are directed toward a quality Federal dam safety program. NRC supports the idea of a peer review of agency dam safety programs as a joint ICODS and the Association of State Dam Safety Officials effort.
Emergency Action Plans - NRC is classifying dams within the FGDS categories of high, significant, and low hazard, and, as of this 2-
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date, has not identified any high-hazard dams.
The first level of categorization was based on the use of existing data such as maps and aerial photos.
The second level that includes field reviews, is conducted in conjunction with the inspections.
If a high-hazard dam is identified, NRC will address the subject of EAPs.
Management Effectiveness Reviews - The only management review that the NRC Dam Safety Program has undergone that would apparently meet the inter.t of this FEMA comment would be the initial program plan that the Commission adopted that was sent to FEMA on August 15, 1991.
Subsequent to that, on August 28, 1991, representatives of FEMA and NRC met to discuss the program plan. This coordination effort was noted by FEMA in the " Conclusions and Recommendations" of the 1990 and 1991 biennial report.
No review, such as a peer review, as discussed by FEMA in the most recent biennial report in the area of future actions, has been conducted of the NRC Dam Safety Program.
3.
Agency Changes in the Reporting Period Legislation: None Pol icy:
None Budget:
Funding for FY92 and FY93 reflected a separate commitment to the dam safety program for a dedicated 1.0 full-time equivalent (FTE) and $200,000 of technical assistance funding each year. A total of $10,000 is for the support of the ICODS and the $190,000 remainder is for assistance from FERC in program implementation.
Organization:
As a result of consolidation and efforts to economize, NRC is closing the Uranium Recovery Field Office (URF0) located in the Denver, Colorado, area.
This office was a field office of NRC Region IV, located in Arlington, Texas, URF0 focus was the uranium mining and milling industry and it was a major source of support to the NRC dam safety program addressing mill tailings dams.
This is envisioned as shifting additional work load to NRC Headquarters, although specific details, relative to the dam safety program impact, as a result of the closing are not complete. Some additional travel will be required for program implementation, because of the closure of this western field office.
III.
Implementation Progress 1.
Adequacy of Organization and Staff The organizational concept for the implementation of the NRC dam y
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d safety program remains as a matrix organization with the equivalent of one FTE annually devoted to dam safety, but this resource level has been supplemented through the use of a technical assistance contract with FERC. Under this arrangement, NRC is able to define specific tasks for each dam facility that is to undergo a review and inspection by NRC.
Personnel involved in the implementation of the dam safety program report to the NRC Dam Safety Officer (DS0), who is currently tiie Director, Division of Low-Level Waste Management and Decommissioning.
The DSO is then directly responsible to the Director, Office of Nuclear Material Safety and Safeguards, who is responsible to the Executive Director for Operations (ED0) for NRC. The EDO is directly responsible to the Chairman of NRC.
The DSO is Chairman of the Dam Safety Advisory Group (DSAG) which provides coordination among the various NRC offices.
DSAG provides for the consolidation of the interdisciplinary technical resources from within NRC that are necessary for an effective program.
The management representatives to DSAG are responsible for the coordination of the implementation of the dam safety program in that particular office of NRC.
It has been recognized during the last half of this biennial reporting period that the NRC Office of Nuclear Regulatory Research (RES), which currently is not represented on DSAG, should be added to the DSAG organization.
Steps are being taken to expand the membership of DSAG to include a manager from RES.
It is also recognized that the rate of reviews and inspections being performed in the program is behind the target goals that were suggested in the NRC Commission Paper (SECY-91-193).
At that time, the staff estimated that five to eight dams would be reviewed and inspected each fiscal year.
In addition, it was expected that these efforts would begin in FY92. Because of some administrative difficulties, the interagency agreement and technical assistance contract between NRC and FERC were not consummated until the beginning of September 1992.
Consequently, through the end of FY93 only three facilities with five embankment dams have been reviewed and inspected. At this time, it appears that the rate of reviews and inspections will not increase above the three-to-five level each fiscal year.
NRC believes that this effort is adequate, when considering its other responsibilities.
2.
Training Two of the four key technical personnel involved in the dam safety program attended a formal training session related to dam safety, and all four have been directly involved with FERC personnel providing technical support for reviews and inspections.
The activities of NRC personnel working with FERC personnel are considered to be excellent on-the-job training experiences where
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all the elements of knowledge relative to dam' safety must be brought together and applied to a specific facility.
Personnel continue to have direct access to the Training Aids for Dam Safety available for use, and all personnel maintain knowledge of current relevant literature and the state-of-the-art. During the next biennial period, the goal is to have at least one representative attend one of the Emergency Action Planning training sessions conducted by FERC.
3.
Status of Independent Review of Design, Construction, and Operation of Projects During the current reporting period, no design or construction activities were underway for dams under NRC jurisdiction at power reactor facilities.
NRC personnel conducted at least one annual inspection during the current reporting period, at each of the dam sites associated with uranium _ mills.
In addition, NRC requires that each licensee with tailings dams conduct daily inspections of such dams to evaluate the operational adequacy of the dams. NRC also requires immediate notification of dam failure or conditions that could lead to failure.
In addition, Regulatory Guide 3.11 requires annual inspection af tailings dams, to evaluate their structural stability.
The results of the inspections must be documented, and records must be retained in the licensee's files.
For nuclear safety-related dams at power reactor facilities, Regulatory Guide 1.127 describes a basis acceptable to NRC staff for developing an appropriate inservice inspection and surveillance program for dams.
The implementation of the NRC Dam Safety Program is based on the use of outside consultants, which in this case is another government agency (FERC). NRC has not, however, used other outside consultants or consultant panels for the review of dams.
NRC believes the current approach is acceptable and meets the FGDS.
4.
Dam Rehabilitation for Safety None 5.
Management Effectiveness Reviews None 6.
Dam Failures or Incidents None -.
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7.
Emergency Action Planning Currently, NRC does not have an emergency action planning program for dam safety. NRC recognizes this fact and has addressed it in the NRC Dam Safety Program Plan.
The plan states that all radiologically safety-related dams or mill tailings dams under NRC jurisdiction, and classified as significant or high-hazard, shall have EAPs that conform with the FGDS. Tnis policy is being initiated, and as reviews and inspections are completed, high-hazard dams will necessarily need an EAP.
NRC intends to allow licensees to use elements of the existing radiological EAPs that exist at a facility. Thus, the basic organization, methodology, and interfaces with State and local governments already exist. These facts will aid in the development of any necessary additional elements for dam safety EAPs.
8.
Adoption of ICODS Guidance Emergency Action Plan Guidelines for Dams:
There are currently no plans for NRC to adopt these guidelines, but they will be considered during the implementation of the new program plan.
Federal Guidelines for Earthquake Analysis and Design of Dams:
NRC's criteria for seismic design of safety-related structures at nuclear power reactor sites, which include dams involving radiological safety, are incorporated in NUREG-800, " Standard Review Plan" (SRP), Sections 2.5 and 3.7, and in Regulatory Guide 1.127.
NRC staff has concluded that these guidance documents meet'the intent of the Federal Guidelines for power reactors. Regulatory Guide 3.11, for mill tailings embankments, also addresses seismic issues and implements the seismic siting requirements for impoundments in Criterion 4(e) of Appendix A to 10 CFR Part 40. These criteria are quite comprehensive and should produce safe seismic designs.
Federal Guidelines for Selecting and Accommodating Inflow Design Floods for Dams:
NRC's criteria for selecting and accommodating the design flow are embodied in NUREG-800 of the SRP Section 2.4, for nuclear power reactor sites and " Standard Review Plan for UMTRCA Title I Mill Tailings Remedial Action Plans," for i
inactive tailings embankments. These criteria are quite conservative and are consistent with the Federal' Guidelines.
Regulatory Guide 3.11 also addresses upstream 1 i i
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catchment requirements of Criterion 4(a), for UMTRCA Title 11 sites, and is equivalent to the Federal Guidelines.
Regulatory Guide 1.59, which addresses the design basis floods for nuclear power plants, addresses consideration of flood conditions that could be caused by dam failures from earthquakes.
1 9.
Initiatives to Improve the Dam Safety Program No new initiatives were undertaken during this period.
- 10. Authority to Enforce Compliance with the FGOS NRC derives its authority for enforcement from the Atomic Energy Act of 1954, as amended, and the Energy Reorganization Act of 1974, as amended.
For those dams, within NRC jurisdiction, that are uranium mill tailings dams, those integral to the operation of a licensed facility, or the possession and use of licensed material that pose a radiologically safety-related hazard if they fail. enforcement action could be taken if the dam safety program elements were not being met.
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