ML20147F275
| ML20147F275 | |
| Person / Time | |
|---|---|
| Issue date: | 07/01/1987 |
| From: | Bradburne J NRC OFFICE OF GOVERNMENTAL & PUBLIC AFFAIRS (GPA) |
| To: | Bernthal, Roberts, Zech NRC COMMISSION (OCM) |
| Shared Package | |
| ML20147E883 | List: |
| References | |
| FOIA-87-737 NUDOCS 8801210307 | |
| Download: ML20147F275 (12) | |
Text
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,c, UNITED STATES
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i NUCLEAR REGULATORY COMMISSION WASHINGTON D. C. 20555 j
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July 1, 1987 MEMORANDUM FOR:
Chairman Zecil Comissioner Roberts Comissioner Bernthal Comissioner Carr FROM:
John Bradburne, Direct Congressional Affairs GP
SUBJECT:
UDALL CCPNITTEE REPO SAFE. GUARDS AND DATA LINK BILLS On Wednesday, July 1, the Comittee on Interior and Insular Affairs marked and reported the NRC legislative proposals on safeguards and on reporting defects.
The bill, H.R. 2683, was reported without amendment.
The Comittee also reported H.R.1570, the Emergency Response Data Systems bill.
The bill was amended to require continuous monitoring of reactor systems. The following additional amendments were adopted:
- requiring the NRC to provide the data to states within the emergency planning zone, if requested.
- requiring the states to pay the costs of their data systems, and
- technical amendments offered by Rep. Huckaby.
Copies of the amendments and the data systems bill are attached.
The bills will be referred to the Comittee on Energy and Comerce for consideration.
CONTACT: Frederick Combs x-41443 Attachments:
As stated cc:
OGC EDO SECY GPA/H. Denton C. Kamerer, SLITP J. Fouchard, PA J. Shea, IP AECD NMSS kkl% g 7 880119 SHOLLysy'737 PD4 k I[
July 1, 1987 TECHNICAL AMENDMENTS TO THE AMENDMENT IN THE NATURE OF A SUBSTITUTE TO H.R.
1570 (1)
Page 5, line 19, strike "section:" and all that follows through "Regulations" on line 21 and insert the following:
"regulations promulgated by the Nuclear Regulatory Commission".
(2)
Page 5, line 23, strike "section" and all that follows through "Regulations" on line 24 and insert the following:
"regulations promulgated by the Nuclear Regulatory Commission".
(3)
Page 6, line 1, strike "section" and all that follows through "Regulations" on line 2 and insert the following:
"regulations promulgated by the Nuclear Regulatory Commission".
EXPLANATION:
Section 6 of the substitute defines the terms "emergency class of alert," "general emergency," and "site area emergency" by reference to specific provisions in the Code of Federal Regulations.
The foregoing amendments would amend the definitions by providing a general reference to the NRC's regulations.
This change is intended to avoid the confusion that could result from reference to specific sections if the NRC modifies or renumbers such sections in the future.
(4)
Page 2, line 2, strike "rate" and all that follows through "radiation" on line 3, and insert:
"monitored release of radioactive material".
EXPLANATION:
This amendment provides a technical correction of the reference to radioactive release data that would be transmitted by the data system.
(5)
Page 4, line 5, after "reactor" insert:
"facility".
EXPLANATION:
This amendment makes it clear that the limitation on non-federal data systems in section 4 (a) of the substitute applies to systems connected to any part of the facility and not just the reactor itse.'.f.
/
G 05.1079 (6-29-87)
(H.R. 1570) l AMENDMENT OFFERED BY MR. GEJDENSON TO THE AMjNDMENT IN THE NATURE OF A SUBSTITUTE KEPORTED BY THE SUBCOMMITTEE 1
Page 2, strike lines 3 through 17 and insert the following:
1 i
1 (b) ACTIV ATION OF 3YSTEti.--Upon the implementation of the data system, the Commicsion shall activate the system and 2
3 ensure that the system functions continuously with only such 4
deactivations as may be necessary to provide for maintenance 5
of the system or improvements to the cystem, Page 2, beginning on line 19, strike Upon and all f
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that follows through during and insert the following:
In the event of.
(
(6-30-87)
(H.R. 1570)
AMENDMENT OFFERED BY
.rtr. Huckaby TO THE AMgNDMENT IN THE NATURE OF A SUBSTITUTE KEPORTED BY THE SUBCOMMITTEE Page 5, strike lines 3 and 4 and insert the following:
providing data to a State under subsectioti (a)(1)..
,-,-,._--,--,_.--,-._,,.m,..
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's:rr~ 9,1 e =1-Q..
.4 AMENDMENT OFFERED BY Mr. Huckaby TOTHEAMjNDMENTINTHENATUREOFk$UBST!TUTE KEPORTED BY THE SUBCOMMITTEE Page 4, strike lines 17 through 20 and insert the following new paragraph:
1
(1)(A)' Subject to subsection (b), the Commission 2
shall, upon the request of any State within the emergency 3
planning zone of a commercial nuclear power reactor, 4
provide to the State all data received from such reactor 5
through the data system during a cualified nuclear power 6
reactor emergency occurring at any such reactor.
7 8
(3) If a State constructs electronic equipment 9
capable of receiving transmissions of data described in 10 section 2(a)(2), the Ccmmission shall, upon the request 11 of the State, connect the equipment to the data system.
12 Throughout any period during which the data system is 13 acti'.ated for purposes of receiving such data frca any 14 ccamercial nuclear power reactor, any part of whose emer?ency 15 planning :ene falls within such State, the commission sha'l 16 centinuously transmit such data to such State through the 17 electronic equipment..
4 t
h EUCKA3032 (6-17-871 T.._-
AliEupw!CIL TM&-
UM-A-SUBST I TUT E TO 0Freneo Y Martteex-Ary-Strike all after the enacting clause and insert the following:
1 SECTION 1. SHORT TITLE.
2 This Act may be cited as the Nuclear Power Emergency 3
Response Data System Act of 1987.
4 SEC. 2. REQUIREMENT OF NUCLEAR POWER FRERGENCY RESPONSE DATA 5
SYSTEM.
6 (a) lN GENERAL.--
7 (1) The Nuclear Regulatory Commission shall provide 8
for the implementation of a nuclear power emergency 9
response data system for the purpose of responding, in 10 accordance with section 3, to a qualified nuclear power 11 reactor emergency occurring at any ccmmercial nuclear 12 power reactor.
13 (2) The data system shall enable the Commissicn to 14 receive fecm a commercial nuclear pcwer reac:ce suen 15 electronic transmissions of data as may be necessary for
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16 the Ccemission to carry cut the incident respense tcle 17 described in section 3. Such da:a snal'., with respec: to
'. 8 the ecmmercial nuclear reac:ce involved, include
4 EUCKAB032
')
2 1
information on the conditivn 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) AcirYATION OF $YSTEM.--
9 (1) In the event of a qualified nuclear power reactor 10 emergency resulting from a commercial nuclear power 11 reactor, the operator of the reactor shall activate the 12 data system and transmit to the Ctmmission 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 :ne da:a sys:em the 20 during a qualified nuclear power reac:ce emergency, 21 Commission shall--
22 (1) monitor the data received as a result of the da:a 23 system; 24 (2) assess :he severity cf the condi:icn of any 25 nuclear pcwer reactor involved in suen emergency;
t EUCKA3032
)
3 1
(3) assess the actions necessary to minimize any 2
onsite and offsite consequences of such emergency 3
(4) assess the adequacy of. actions by the operator 4
with respect to responding 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 appropriate as a result of the assessments made under 10 11 paragraphs (2) through (5).
12 (b) llMITATIONS ON AUTHORITY OF CCHMISSION.--The 13 Commission may not under this Act--
14 (1) require any oper'ator of a commercial nuclear power reactor to take any action recommended under 15 16 subsection (a)(6); or 17 (2) relieve such an operator of the responsibility o
maintain the nuclear pcwer reactor in accordance vien 18 19 applicable standards of safety.
SEC. 4. EXCLUSIVITY OF FEDERAL NUCLEAR POWER EMERGENCY 20 RESPONSE DATA SYSTEM.
21 lH GENERAL.--Except as provided in sucsee:icn (b),
22 (a) the data system implemented under section 2 snall be :ne 23 exclusive sucn system in the Uni:ed States. A state, Or a 24 25 public or private ent :y, may not implement any elec:::n:c
EUCKA3032 1
4 1
data system that is--
2 (1) capable of transmitting the data described in 3
section 2(a)(2); and 4
(2) connected to any commercial nuclear power 5
reactor.
(b) EXCEPfl0N FOR EXISTING SYSTEMS.--with respect to any 6-7 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 of 10 such system implemented before the date of the enactment this Act may continue to operate after such date and may 11 operate independently of the d2ta sys:em implemented under 12 13 section 2.
SEC. 5. AVAILABILITY OF INFORMATION TRANSMIT"FED BY DATA 14 15 SYSTEM.
)
16 (a) IN GENERAL.--
17 (1) Subject to subsection (b), the Commission shall, upon the request of an'y State, provide to the State :he 18 data received by the Commission througn the data system 19 20 during a qualified nuclear power reac:ce emergency.
(2) The Commission may provide data received by the 21 Ccmmission through the data system during a qualified 22 nuclear pcwer reactor emergency to such pubite and 23 private entities as the Commissien determines to be 24 25 appecpria:e.
i 9
EUCKA3032 I
5 1
(b) LIMITATIONS.--
(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.
(2) A State, or a public or private entity, may not 5
6 interfere with the incident response role described in 7
section 3.
8 SEC. 6. DEFINTIONS.
9 For purposes of this Act:
(1) The term commercial nuclear power reactor
10 means any commercial nuclear power reaccer licensed by 11 the Ccamission under section 103 or 104 b. of the Atomic 12 13 Energy Act of 1954 (42 U.S.C.
2011 et seq.)
(2) The term Cemmission means the Nuclear 14 15 Regulatory Commission.
(3) The term data system means the nuclear power 16 17 emergency response data system.
(4) The term eme'egency class of alert
has the 18 19 meaning given such term pursuant to section IV.C. of l
20 appendix E of part 50 of title 10, Code of rederal 21 Regulations.
(5) The term general emergency has the meaning 22 to section IV.C. of appendix E 23 given such term pursuant 50 of title 10, C de of Federal Regulations.
f 24 of part The term site area emergency nas the meaning 25 (6)
EUCKAB032 t'
6 1
1 given such term pursuant to section IV.C. of appendix E of part 50 of title 10, code of rederal Regulations.
2 3
(7) The term qualified nuclear power reactor emergency means a determination by the Commission, or 4
5 by the operator of a commercial nuclear power reactor, 5
. 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. ADTBORIZATION OF APPROPRIATIONS.
10 There are authorizied to be appropriated such sums as may 11 be necessary to carry out this Act.
i
SUMMARY
OF NRC TESTIMONY ON H.R. 2683, H.R.1570 AND H.R. 3025 The NRC supports enactment of H.R. 2683, a bill which consists of four legislative proposals that the NRC submitted to Congress this year.
This bill would enhance our ability to prevent or deter theft or sabotage of nuclear equipment and materials by (1) authorizing the NRC to withhold from public disclosure certain sensitive generic safeguards information; (2) making it a federal crime to l'ntroduce or cause to be introduced without prior authorization weapons or other dangerous instruments into f3cilities regulated by the NRC; and (3) make it a federal crime to sabotage a nuclear reactor under construction where the action, if it went undetected, could affect public health and safety. The bill would also enhance nuclear safety by helping to assure that the NRC receives proper notice of defects or regulatory violations at nuclear power plants and other regulated activities, where such defects or
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violations could create substantial safety hazards.
H.R. 1570 would require the creation of an Emergency Response Data System.
The Comission believes that creation of such a system would enhance its emergency response capability and supports implementation of such a system.
However, the Comission believes that the system envisioned by H.R.1570 is more complex than we anticipated, would be expensive to operate, and when compared to the system recomended by the NRC, would not appreciably increase the NRC's capability to perform its proper role in an errergency.
Finally, the Comission recomends that the Congress enact H.R. 3025, thereby giving its consent to the Appalachian Low-Level Radioactive Waste Disposal Cortpact.
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