ML20099G667
| ML20099G667 | |
| Person / Time | |
|---|---|
| Issue date: | 07/31/1992 |
| From: | Weinstein E NRC OFFICE FOR ANALYSIS & EVALUATION OF OPERATIONAL DATA (AEOD) |
| To: | |
| References | |
| NUREG-1457, NUDOCS 9208170156 | |
| Download: ML20099G667 (23) | |
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NUREG-1457 Resources Availaie :for Nuclear Power Plant Emergencies Under t 1e Price-Anc.erson Act
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anc. the Robert T. Sta:?:?ord Disasi:er Relief anc Emergency Assistance Ac:
U.S. Nuclear Regulatory Commission Office for Analysis and Evaluation of Operational Data e atoo.
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AVAILABILITY NOTICE i
- Avalisbility of Reference Materials Cited in NRC publications Most documents cited in NRC publications will be available irom one of the following
- j sources:
i 1.
The NRC Public Document RN>m, 2120 L Street, NW., Lower Level, Washington, DC 20555 2.
The Superintendent of Documents, U.S. Government Printing Office, P.O. Box 37082, Washington. DC 20013-7082 -
3, The National Technica! Informat on Service, Springfield, VA 2216'.
Although the listing hat follows represents the majority of documents c'ted in NRC publica-tions, it is not intended to be exhaustivo.
Referenced documents available for inspection and copying for a foe from the NRC Public Docume'it Room triclude NRC correspondence and internal NRC memoranda: NRC bulletins, circQtarsi informaticn notices, inspection and investigation noticer; licensee event reports:
vendor reports and correspondence: Commission papers; and applicant and licensee docu-monts and correspondence.
- The following docurnents in the NUREG series are available for purchase from the GPO Sales
- Program: ' formal NRC staff and contractor reports, NRC-sponsored conferenca proceed-Ings, international agreement repons, grant publications, and NRC booklets and brochures.
- Also available are regulatory guides, NRC regulations in the Code of Federal Regv!ations, and Nuclear Regulafory Commission Is.:,uances.
Documents available from the National Technical inforrr'ation Service include NUREG. series L reports and technical reports prepared by other Federal agencies and reports prepared by the Atomic Energy Commission, forerunner agency to the Nuclear Regulatory Commission.
-_ Documents:available from public and special technical libraries include all open literature-items, such as books, journal articles, and transactions. r'ederal Register notices, Federal and State logislation, and congressional reports can usually be obtained from these ~
= libraries.
Documents such as theses, dissertatbns, foreign reports and translations, and non-NRC conference procesdings are available for purchase from the organization sr90scring the publication ' cit M.
Single copies oi NRC draft reports are available free, to the extent of supply, upon written i reouest to the OfSce of Administration, Distribution and Mail Services Section. U.S. Nuclear Regulatory Commission, Washington, DC 20555.
Copies of industry codes and standarcs used in a substantivs manner in the NRC regu!atory process are maintained at the NRC Library, 7920 Norfn. Avenue, Bethesda, Maryland, for use by the public; Codes and standards are usually copyrighted and may be purchased from the originating organization or, if they are /smerican National Standards, from the -
' American f<ational Standards Institute,1430 Broadway, New York NY 10018.
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NUREG-1457 Resources Available for Nuclear Power Plant Emergencies Under the Price-Anderson Act and the Robert T. Stafford Disaster Relief and Emergency 3
Assistance Act
.. r Manuscript Completed: July 1992 Date Published: July 1992 Dividon of Operational Assessment Office for Analysis and Evaluation of Operational Data U.S. Nuclear Regulatory Commission Washington, DC 20555 fa a.
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ABSTRACT Through a series of' TABLETOP exercises and other events that involved par-ticipation by State and Federal organizations, the need was identified for further explanatior. of financial and other related resources available to indi-viduals and State and local i;overnments in a major emergency at a nuclear power plant. A group with representatives from the Nuclear Regulatory Commission, the Federal Emergency Management Agency, and the American Nuclear Insurers / Mutual Atomic Energy Liability Underwriters was estab-lished to work toward this end.This report is the result of that effort. This docu-ment is not meae 'n modify, undermine, or replace any other planning dacu-ment (e.g., the Federal Raum'.; ;! al F.mergency Re,sponse Plan or the Federal Response Plan). Its purpose is to clarify issues that have surfaced regarding resources available under the Price-Anderson and Stafford Acts.
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CONTENTS Page
- Abst ra ct.......................................
iii Ack n owl e dgm e n ts.........................................
vii Fede ral Legislation........................................
1 Price-Andeison Act........
1
. S t a ffo rd Ac t............................................
1 Definition of Terms....
2 Price-Anderson Act.....................
2 Stafford Act...................
2 Initiating Federal Response.................,..............
4 Price-Anderson Act.....................
4 Stafford Act..........
4 Initiating Response From ANI/M AELU and FEhf A,...........
5 Notification 5
. AN I /M AE LU.......................................
5 FEh1A...........................................
5 Act iva ti o n...........................................
5
~ AN I / hi AE LU.......................................
5 FEhi A............................
6 Requesting an Emergency Declaration 8
Coordination Between FEM A and ANI/M AELU................
9 Assistance Available to Individuals............................
10 Price-Anderson Act.............
10
> S ta ffo rd Act.................
10 Assistance Available to State and Local G o ve r n m e n ts.............................................
11 Price-Anderson Act..
11 S t a ffo rd Act........................
11 Contacts for Further Information............................
13 List of Abbreviations.............................
14 NUREG-1457
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ACKNOWLEDGMENTS This document has been prepared through the combined efforts of the staffs of the Nuclear Regulatory Commission (NRC), the Federal Emergency Manage-ment Agency (FEMA), and the American Nuclear Insurers / Mutual Atomic Energy Liability Underwriters (AN1/M AELU). Those individuals responsible for significant contributions include Eric Weinstein of the -NRC, Ilruce Daughman and Robert Volland of FEMA, and Charles Erickson and Kirke
- Sauer of ANI/MAELU.
l' vii NUREG-1457 l
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c FEDERAL LEGISLATION Price-Antlerson Act -
Originally enacted in 1957 as an amendment to the Atomic Energy Act of 1954 and most recently revised and exts nded by the Price-Anderson Amendments Act of 1988 (Public 1.aw 100-408), the Price-Anderson Act consists of several of the definitionsin Section 11 and all of Section 170 of the Atomic Energy Act of 1954, as amended. (42 U.S.C. sec. 2014 and sec. 2210)
Nuclear power reactor licensees are required by the Nuclear Regulatory Commission (N RC) to have and maintain financial protection (i.e., liability insurance and Federal Government indemnity) to enable them to respond to public liability claims (e.g., personal injury and property damage) that might result from a nuclear incident associated with the construction and operation of the nuclear power reactor.
' A 1966 amendment to the Price-Anderson Act requires that in the event of a major nuclear incident, the licensee of the nuclear power reactor at which an incident occurs.nust waive certain defenses (e.g., contributory negli-gence and assumption of risk) that would otherwise be available to the licensee in a suit for damages.The effect of these waivers is to impose strict liability on the power reactor licensee and enable an injured claimant to more easily recover compensatory damages to which the chiimant may be entitled.
On August 20,1988, the President signed legislation modifying the Price-Anderson Act and extending it to August 1,2002. The amount of funds available to satisfy public liability claims was substantially increased to approximately $7.3 billion per nuclear incident.
-Stafford Act Passed as the Disaster Relief Act of 1974 (Public Law 93-288), and amended in 1988, the law was retitled the Robert T. Stafford Disaster Relief and Emer-gency Assistance Act (Public Law 93-288, as amended by Public Law 100-707).
(42 U.S.C. sec. 5122)
Originally written to address natural disasters. Title V of the 1988 amend-n'ent expands the act to include technological disasters.
Executive Orders 12148 and 12673 delegate the Presidential responsibili-ties of this act to the Federal Emergency Management Agency (FEM A).
l 44 CFR Part 206 addresses FEM A'simplementation of the Stafford Act.
1 NUlWG-1457
DEFIN! TION OF TERMS Price-Anderson Act'
" Nuclear Incident" means any occurrence, including an extraordinaly nuclear occurrence, within t.
- I E.ied States, causing within or outside the United States, bodily injury, sickness, disease, or death, or loss of or dam-age to property, or loss of use of property, arising out of or resulting from radioactive, toxic, explosive, or other hazardods properties of source, spe-cial nuclear, or byproduct material.
"Public Liability" means any legal liability arising out of or resulting from a nuclear incident or precautionary evacuation (including all reasonable ad-ditional et,ts incurred by a State or a political subdivision of a State in the course of responding to a nuclear incident or precautionary evacuation).
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" Precautionary Evacuation" means an evacuation of the public within a specified area near a nuclear facility, or the transportation route in the case of an accident involving transportation of source material, special nuclear material, byproduct material, high-level radioactive waste, spent nuclear fuel, or transuranic waste to or from a production or utilization facility,if the evacuation is-(1) the result of any event that is not classified as a nuclear incident but that poses imminent danger of bodily injury or property damage from
. the radiological properties of source material, special nuclear mate-rial, byproduct material, high-level radioactive waste, spent nuclear fuel, or transuranic waste, and causes an evacuation: and (2) initiated by an official of a State or political subdivision of a State,who is authorized by State law to initiate such an evacuation and who rea-sonably determined that such an evacuation was necessary to protect the public health and safety.
Stafford Act:
" Emergency" means any eccasion or instance for which,in the determina-tion of the President, Federal assistance is needed to supplement State and local efforts and capabilities to save lives and to protect property and pub-lic health and safety, or to lessen or avert the threat of a catastrophe in any part of the United States.
'These definitions arc extracted froni the l' rice Anderson Act (42 LLS.C sec 2014) which should be con-sulted directly for additional information on the definitions gnen here as well as additional definitions that may apply.
2Sec.102(1). page l of the Itobert T. Stafford Disasterlielief and Emc rgency Assistance Act, Public law 93-268. as amended by Pubhe 12w 100-7tr7 (42 (IS C 5122).
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" Major Disaster"meansanynaturalcatastrophe(includingany hurricane, tornado, storm, high water, wind-driven water, tidal wave, tsunami, earth-quake, volcanic eruption, landslide, mudslide, snowstorm, or drought) or, rege' ess of cause, any fire, flood, or explosion in any part of the United States which, as determined by the President, causes damage of sufficient severity and magnitude to warrant major disaster assistance under this act to supplement the efforts and available resources of States, local govern-ments, and disaster relief organizations in alleviating the damage, loss, hardship. or suffering caused thereby.
3 NUlWG-1457
INITIATING FEDERAL RESPONSE Price-Anderson Act The only prerequisite for application of the Price-Anderson Act is the occur-rence of a " nuclear incident" at a nuclear power reactor (or in connection with the transportation oflicensed radioactive material to or from such a reactor) or the proper initiation of a precautionary evacuation by an authorized official.
Implementation of the Price-Anderson Act provisions does not require a Staf-ford Act declaration or a determination of an " extraordinary nuclear occur-rence."
Stafford Act An i ecident at a nuclear power plant may result in an " Emergency" decla-ration under Title V of the Stafford Act. Assistance provided under an Emergency declaration will be subject to cost-sharing provisions of the Stafford Act.
NOTE: No insurance coverage is provided under the current utility insur-ance policy for expenses incurred by State and local governments and the utility may not be responsible for these costs unless State law provides that it is.
An accident at a nuclear power plant does not fit the definition of a Major Disaster under the Stafford Act.
The Federal Radiological Emergency Response Plan (FRERP) may be activated independently of or in conjunction with an Emergency declara.
tion. However, Federal response assistance under the Federal Pesponse Plan (FRP) can be provided only in conjunction with an Emergency or Major Disaster declaration.
Specific details concerning resources that are available under an Emer.
gency declaration are contained in this document.
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-lNITIATING RESPONSE FROM ANI/MAELU AND FEMA Notification-ANI/MAELU
- AN! and M AELU are notified by the affected utility when an emergency condi-
- tion is declaied to be either Alert, Site Area, or Gen:ral Emergency as defined by the NRC. They will begin monituing events at the nuclear power plant to 4
determine if temporary claims offices convenient to the public should be estab -
lished.'
FEMA FEM A is notified by the Nuclear Regulatoy h mi,sion upon a Notifica-e-
3 tion of Unusual Event classification reported by the affected utility to the NRC Operations Center in Bethesda, Maryland.
- At'the Site Area Emergency declaration by the utility, or the NRC entering 4
the Initial Activation Mode for anyother reason, FEM A will deploy a liai-son to the NRC Operations Center who will act as the FEM A contact for updates and knowledge of FEM A operating procedures.
Activation ANI/MAELU
- TUpon notification of an event in progress that in ANI/ M AELU'sjudgment may lead to a precautionary evacuation or may constitute a nuclear inci-ident, ANI/M AELU will notify their member companies and begin prepa- -
rations for deploying parsonnel to ten'porary claims locations. Activation
' is not dependent upon a Stafford Act " Emergency" or " Disaster" declara-tion.-
el ANI/MAELU will arrange {with_ the assistance of the involved utility, member companies, and/or governmental officials) for securing tempo-rary claims sites. The public will be promptly notified of these locations 1through the news media 2 If emergency funds are provided to the public, requests will be made to local banks to promptly negotiate AN1/M AELU checks which will be issued on the ANI/MAELU account with the Fleet Bank N.A., located in liartford, Connecticut.
3See NUREG-0654 for dermitions of emerdency classificatan dSce NUREG41723, Rev. 2. for dC.nitions of NRC response nales.
5 NURiiG-1457
Claims offices will be established within 24 to 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br />. The claims offices will initially be established and staffed by ANI/MAELU personnel. As soon as they can be assembled, member company personnel will take over the operation, providing as many people as necessary for conducting an efficient claims handling operation.
ANI/MAELU will also deploy a staff member to the Joint Information Center (JIC) to coordinate public information through the Emergency Woadcasting System (EBS) and the media on the ', cations of the claims officcs and appropriate documentation and proced es for obtaining assis-tanee.
FEMA At the point in the event where the resources of the FRERP are employed, or the State requires Federal resources to supplement the FRERP, the President acy declare a Stafford Act (Title V) Emergency invoking the
- FR P.
Upon activation of the FRERP, FEM A will designate a Senior FEM A Officer (SFO) to coordinate resource support for the State and local or-ganizations.
When a decision is made to establish and maintain a Federal presence on scene (normally at a Site Area Emergency declaration), the appropriate FEM A region will deploy a team to the area to work with State officials to identify a Disaster Field Office (DFO) location for Federal and State responders.
The SFO will contact State representatives directly to establish the DFO.
13ased on the need for additional Federal response assistance not covered by the FRERP, FEM A may activate some or all of the emergency support functions using the structure of the FRP to address unmet needs.
In the event of an Emergency declaration (or a Major Disaster declara-tion), the FEM A Director, on behalf of the President, will appoint a Fed-eral Coordinating Officer (FCO) to coordinate Stafford Act and other nonradiological response activities.
(1) The immediate concern of the FCO is to make an initial appraisal of the types of relief most urgently needed. This information is based,in part, on data gathered during the preliminary damage assessment.
(2) The FCO coordinates the nonradiological efforts of Federal. State, local, and private relief organizations.
NURI!G-1457 6
- (3)' The FCO establishes the DFO, usually co-located with the Office of the State Coordinating Officer (SCO).
_ (4) FEMAmayestablish a Disaster Application Center (DAC) to register, advise, and take applications for assistance. from disaster victims.
Mobile teams may also be deployed to assist persons without access to
. a DAC, and victims may also apply by calling a nationally published telephone number.
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l REQUESTING AN EMERGENCY DECLARATION To request an Emergency declaration under the Stafford Act, the appropriate State official responsible for disaster operations should contact the FEMA Regional Director to:
Survey the affected areas jointly with FEM A regional disaster specialists to determine the extent of private and public damage.
Estimate the types and extent of Federal assistance required.
- - Consult with the FEM A Regional Director on eligibility for assistance under the Stafford Act.
Advise the FEM A Regional Director if the governor requests or intends to s
request a declaration by the President,
Provide the State request to FEMA (The FEMA Regional Director then forwards the State request to the 1)irector of FEM A, who reconunends a course of action to the President.)
At the time the declaration of Emergency is issued, the President appoints a FEM A (or other Federal) official as the FCO.
- Concurrently with the President's action, FEM A designates the kinds of assis-tance to be made available, and counties or other political subdivisions that are l
eligible to receive such assistance.
If the situation warrants, the President may independently declare an Emer-gency under Title V of the Stafford Act.
'This must be based upon a findmg that the situation is of such seventy and magnitude that effective response is beyond the capabilities of the state and affected kical govemments and that Federal assis-tance is necessary NURiiG-1457 8
COORDINATION IlliWEEN FEMA AND ANI/MAELU All coordination between FEh1A and ANI/h1AELU in resolving areas of potential overlap relating to specific needs for financial assistance during an einergency will take place under the guidance of the Financial hianagernent Annex section of the FitP and will occur at the DFO.
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9 NUlll'G-1457 e
ASSISTANCE AVAll.Allt.E TO INDIVIDUAL.S l' rice Anderson Act The insurer will provide financial assistance for such reasonable additional liv-ing expenses s housing, food, and transporta.. i for individuals evacuated (either as a precautionaiy measure or as a resuh of actual environmental con-tamination) because ot a nuclear acchJent.
The insurer will providt financial assistance for future estimared additional:iv-ing expenses; if not incurred, funds are to be returned to the insurer.
The insurer may cover loss of income for those who become unemployed because of the emergency evacuation. Income can be disbursed at the discre-tion of the individual and applied to mortgage and other necessary expenses.
For oroperty damage or bodiiy injury as defined in the act, the insuier will pay the reasonable cost of either e
cvaluate and reimburse for business losses that result from property dam-age provide for covered environmental cleanup costs as defined under prop-e erN damage reimburse present ica! estate value, based on pre-accident assessment, where the propertyis Jeemed uninhabitable as a result of the nuclear acci-dent 6
Stafford Act Temporary housi.g. for up to 18 months, is authorized for disaster victims whose homes are uninhabitable.
Ilome repair funds may be given to owner-occupants in lieu of other forms of temporary housing assistance.
Temporary mortgage and rental payments are authorized.
)
1 EMA may provide assistance to applicants whose insurance needs may precede the ANI claims process,with the understanding that FEM A will be reimbursed once insurance funds are dispensed.
'nine wouti be no deptonon of enonetary mmance paw.aca unact the Pnce-Anacrmn Act NUl&G-1457 10 l
ASSISTANCE AVAll,AllLE TO STATE AND l
1 OCAl, GOVERNMENTS l
Price-Aiulerson Act There is no insurance coverage for cos:s incurred by State and local govern-ments under the provisions of the utility insurance policy.
The utility may or may not be r esponsible for costs associated with legalliability arising out of or resulting from a nuclear incident or precautionary evacuation (including all reasonable costr, incurred by a State, or political subdivision of a State,in the course of responding to a nuclear incident or precautionary evacu-ation) depen 'ing upon State law.
Stafford Act Under an Emergency declaration, Federal agencies may provide resources,in-cluding personnel, equipment, supplies, facilities, as well as managerial, techni-cal, and advisoryservices to suppoit State and 1. 11 efforts to save lives, protect property, protect public health and safety, and.essen or avert the threat of a catastrophe.
Technical (nonradiological) and advisory services include performance of essential community services e
issuance of warnings of risks or ha7ards issuance and dissemination of nublic health and safety information e
provision of public health and safety measures management, control, and reduction ofimmediate threats to public health and safeiy coordination of all nentechnical disaster relief assistance (including volun-taiy) provided by Federal agencies, private organizations, and State and local governments Other assistance includes -
emergency assistance through Federal agencies debris removal by using resources of Federal agencies making grar.ts to State and local governmer'ts 11 NURIIG-14$,
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assist;.nce in temporary hous:ag assistance in the distribution of medicine, f ood, and other consumable sup-e plies, and emergency assistance financial avistance f or Snae ard Inal governments for actions associated e
with response to the nuclear accident NilR1Mi-1457 12
1 CONTACTS FOlt FUltTilElt INFOltMATION For further information, contact one of the following people:
Eric Weinstein
-U.S. Nuclear Regulatory Commission Washing'on, DC 20555 Phone: (301) 451-0550 Robert Volland Federal Emergency Management Agency 500 C Street, N.W.
Washington, DC 20472 Phone: (202) 646-3642 Ilruce llaughman Federal Emergency Management Agency 500 C Street, N.W.
Washington, DC 20472 t
Phone. (202) 646-3681 O
l 13 NUREG-1457 I
LIST OF AilllitEVIATIONS ANI American Nuclear in3urers AhiS Aerial hicasurements Syttem Code of Federal Regulations CFR DAC Disaster Application Center DFO Disaster Field Office DOE Department of Energy LIDS Emergency llroadcasting System EST limergency Support Team (FENI A lleadquarters)
Federal Coordinating Officer FCO FEh!A Federal Emergency hianagement Agency Federal Radiological Emergency Response Plan FRERP Federal Response Plan E"
JIC Joint Information Center LFA Lead Federal Agency h1AELU -
hiutual Atomic Energy Liability Underwriters
-NRC Nuclear Regulatory Cominission State Coordinating Officer SCO SFO Senior FEhiA Officer SLPS State and Local Programs and Support (FENi A)
U.S.C.
U.S. Code NURl!O-1457 14 2
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- 1. RLPORT NJMf H (740)
( Ass 49ned ty NRC, Add Vot -
NRCM 1102, Sapp., Rev., and Acioudum Nuetw 3M W BIBLIOGRAPHIC DATA SHEET La-d *aN (t.e insuuctmns on u, e..mei 2 liitt AND butilllLL 3 DAlt HLPOH155450SHED itesources Available for Nuclear Power Plant timergencies Under the gay 7g l
yn Price Anderson Act and tht ltobert T. Stafford Doaster Itclici and limergeng i
July 1992 Assistance Act
~ fin CR GRANT NUMarR
- b. Ad i t ivH od 6 T Y Dh OF RE POH T liric Weinstein L PtHOD COVEkt D (>clusive Dates) tl Ptikf OHMING OHGAfM A f TON - NAML AND AD(.*HL6S (it NHQ, FOv@e Dmston, Of f,te (F h490n, U.6. th);iear Hegalatory Cuvv7vntesn, and mall 6rg address, if tarif actor, provede name and fn&Ptng hdderts )
Division of Operational Assessment Office for Analysis and livaluation of Operational Data U.S. Nuclear Regulatory Commission Washington, DC 20555
- 9. SPON5; OHING OHGAf Ji/Al60N - NAME AND ADDHESS (if W4C, tygm
- Same as abuve'; if conPactor, VovKie NRC Dmston, Office or Region, U.S. Nuclear Regalatof y Cet?vniss uh arid malh's address. )
Same as 8, above
- 10. SUP6'LLMLNI AHY Pf./1 L S
- 11. ADSTRAC1 (200 wa as or 49ss)
Through a r, cries of TAlti l!TOl' exercises nnd other events that involved participation by State and Federal or-ganizations, the need was identified for further explanation of financial and other related resources available to individuals and State and local goverr Tents in a major emergency at a nuclear power plant. A group with repre-sentatives from the Nuclear llegulatory Commission, the Federal I!mergency Management Agency, and the b
American Nuclear insurers / Mutual Atomic linergy Liability Underwriters was established to work toward this end.This report is the result of that eff"rt.
12, KLY WoRDSiDr$CRIPrORS (t.ist words or prvases tnat will assist researchers 6n locating the ecrot )
13 AVAILABUTY STATEMENT Unlimited
- 14. SECURITY CLASSIFIC ATION Resource, Emergency llesponse, Incident flesponse,1 mancial, Insurance,
,,,,,g Price Anderson Act,Stafford Act Unclassified ofus ReparO Unclassified 15 NUVDER OF PAGLS 16 Pih0L t#40 F ORM 3% 12-69'1
THIS DOCUMENT WAS PRINTED USING RECYCLED PAPER
NUREG-1457 RESOURCES AVAllAIILE FOR NUCLEAR POWER PIANT DIERGENCIES UNDER TIIEi'R1 LNDERSON ACT JULY 1902 AND TIIE ROI ERT T. STAFTORD DISASTER RELIEF AND DfERGENCY ASSISTA - EACT nasT ctAss van.
UNITED ?,TATES POSTAGE AND FEEG PAG NUCt. EAR REGULATORY COMMi3S10N UsNRC WASHINGTON. D.C. 20555-0001 rtsw: No. o s7 CFRC!AL EtrJ>! NESS PENALTY *OR PRIVATE USE.1300 I I * " 5 5 : 7 a r.,,
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