ML20147F207

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Notifies That Udall Subcommittee on Energy & Environ marked- Up NRC Legislative Proposals & Emergency Monitoring Bill. H.R.1570, Nuclear Power Emergency Response Data Sys Act of 1987, Encl
ML20147F207
Person / Time
Issue date: 06/18/1987
From: Bradburne J
NRC
To: Asselstine, Roberts, Zech
NRC COMMISSION (OCM)
Shared Package
ML20147E883 List:
References
FOIA-87-737 NUDOCS 8801210294
Download: ML20147F207 (7)


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WA$HINGTON, D. C. 20665

<&/I June 18, 1987 MEMORANDUM FOR:

Chainnan Zech Comissioner Roberts Comissioner Asselstine Comissioner Bernthal Comissioner Carr FROM:

John C. Bradburne. Director Office of Congressional Affair

SUBJECT:

VDALL SUBCOMMITTEE MARKS VP NRC LEGISLATIVE PROPOSALS AND EMERGENCY MONITORING BILL On Thursday, June 18, the Subcomittee on Energy and the Environment marked up and reported H.R. 1570, "the Nuclear Power Emergency Response Data System Act of 1987." and H.R. 2683, to improve security at nuclear facilities.

H.R. 2683 combines the provisions of the legislation on security and reporting defects which was submitted to Congress by the NRC.

The Subcomittee adopted a Huckaby-sponsored substitute to his emergency monitoring bill, then ordered the bill reported.

H.R. 2683 was adopted and reported without amendtrent.

Copies of the bills, as reported, are attached CONTACT:

F. Combs, x41443 Attachments:

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EUCKAB032 (6-17-87]

AMENDMENT IN THE A UR A SUBSTITUTE TO 0FFERED BY MR. HucKARY

~ Strike all after the enacting clause and insert the following:

1 SBCTION 1. EBORT TITLE.

2 his Act may be cited as the Nuclear Power Emergency 3

Response Data System Act of 1987.

4 SEC. 2. REQUIR. DENT OF NUCLEAR POWER EMERGENCY RESPONSE DATA 5

SYSTEM.

6 (a) IN GENERAL.--

7 (1) The Nuclear Regulatory Commission shall provide 8

for the implementation of a nuclear power emergency 9

response data syster; for the purpose of responding, in 10 acceldance with section.3, to a qualliied nuclear power 11 reactor emergency occurring at any cemmercial nuclear 12 power reactor.

13 (2) The data system shall enable the Commission to 14 receive from a commercial nuclear power reactor such 15 electronic transmissions of data as may be necessary for

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16 the Ccmmission to carry out the incident response role 17 described in section 3. Such data shall, with respect to 18 the ccmmercial nuclear reac:or involved, include

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1 information on the condition of reactor systems, the 2

condition of the containment building, the rate of 3

release of radiation, and relevant meteorological 4

conditions.

5 (3) The Commission shall complete implementation of

.6 the data system not later than three years after the date' 7

of the enactment of this Act.

8 (b) ACTIVATION OF SYSTEM.--

9 (1) In the event of a qualified nuclear power reactor 10 emergency resulting f rom a commercial nuclear power 11 reactor, the operator of the reactor shall activate the 12 data system and transmit to the Commission the data 13 described in subsection (a)(2).

14 (2) The Commission may require any operator of a 15 commercial nuclear power reactor to activate the data 16 system for the purpose of carrying out scheduled testing 17 of the data system.

18 SEC. 3. INCIDENT RESPONSE.

19 (a) IN GENERAL.--Upon the activation of the data system 20 during a qualified nuclear power reactor emergency, the 21 Commission shall--

22 (1) monitor the data received as a result of the data 23 system 24 (2) assess the severity of the condition of any 25 nuclear pcwer reactor involved in such emergency;

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(3) assess the actions necessary to mirimize any 2

onsite and offsite conseque a.s of such emergency; 3

(4) assess the adequacy of actions by the operator 4

with respect to respending to such emergency; 5

(5) assess whether appropriate recommendations are 6

being made with respect to offsite radiological 7

protective actions; and 8

(6) support the operator by making recommendations 9

with respect to responses by the operator that are 10 appropriate as a result of the assessments made under 11 paragraphs (2) through (5).

12 (b) llMITATIONS ON AUTHORITY OF COMMISSION.--The 13 Commission may not under this Act--

14 (1) require any oper'ator of a commercial nuclear 15 power reactor to take any action recommended under 16 subsection (a)(6); or 17 (2) relieve such an operator of the responsibility to 18 maintain the nuclear power reactor in accordance with 19 applicable standards of safety.

20 SEC. 4. EXCLUSIVITY OF FEDERAL NUCLEAR POWER EMERGENCY 21 RESPONSE DATA SYSTEM.

22 (a) IN GENERAL.--Except as provided in subsection (b),

23 the data systen implemented und?r section 2 shall be the 24 exclusive such system in the United States. A State, or a 25 public or private entity, may not implement any electronic j

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data system that is--

(1) capable of transmitting the data described in 2

3 section 2(a)(2); and 4

(2) connected to any commercial nuclear power 5

reactor.

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' (b) EXCEPTION FOR EXISTING $YSTEMS.--With respect to any 7

non-Federal electronic data system that is capable of 8

transmitting the data described in section 2(a)(2) and that 9

is connected to any commercial nuclear power reactor, any 10 such system implemented before the date of the enactment of 11 this Act ma) continue to operate after such date and may 12 operate independently of the data system implemented under 13 section 2.

14 SEC. 5. AVAILABILITY OF INFORMATION TRANSMITTED BY DATA 15 SYSTEM.

16 (a) IN 6ENERAL.--

17 (1) Subject to subsection (b), the Commission shall, 18 upon the request of an'y State, provide to the State the 19 data received by the Commission through the data system 20 during a qualified nuclear power reactor emergency.

21 (2) The Commission may provide data received by the 22 Commission through the data system during a qualified 23 nuclear power reactor emergency to such public and l

24 private entities as the Commission determines to be l

25 appropriate.

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1 (b) llMITATIONS.--

(1) The Federal Government may not pay any cost of 2

3 providing, under subsection (a), data to a State or to a 4

public or private entity.

5 (2) A State, or a public or private entity, may not 6

. interfere with the incident response role described in 7

section 3.

8 SEC. 6. DF.FINFIONS.

9 For purposes of this Act:

10 (1) The term commercial nuclear power reactor

11 means any commercial nuclear power reactor licensed by 12 the Commission under section 103 or 104 b. of the Atomic 13 Energy Act of 1954 (42 U.S.C. 2011 et seq.)

14 (2) The term Commission ~' means the Nuclear 15 Regulatory Commission.

16 (3) The term data system means the nuclear power 17 emergency response data system.

18 (4) The term eme'rgency class of alert has the 19 meaning given such term pursuant to section IV.C. of l

23 appendix E of part 50 of title 10, Code of Federal 21 Regulations.

22 (5) The term general emergency has the meaning 23 given such term pursuant to section IV.C. of appendix E 24 of part 50 of title 10, Code of Federal Regulations.

25 (6) The term site area emergency has the meaning

HUCKAB032 6

1 given ruch term pursuant to section IV.C. of appendix E 2

of part 50 of title 10, code of Federal Regulations.

3 (7) The term qualified nuclear power reactor 4

emergency means a determination by the Commission, or 5

by the operator of a commercial ' nuclear power reactor

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. that an emergency class of alert, a site area emergency 7

or a general emergency, is in progress with respect to 8

the reactor.

9 SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

10 There are authorizied to be appropriated such sums as may 11 be necessary to carry out this Act.

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