ML20196L560
| ML20196L560 | |
| Person / Time | |
|---|---|
| Issue date: | 10/15/1981 |
| From: | Malsch M NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Bradford, Gilinsky, Palladino NRC COMMISSION (OCM) |
| Shared Package | |
| ML20196L553 | List: |
| References | |
| NUDOCS 8807070600 | |
| Download: ML20196L560 (11) | |
Text
p, pa la4 UNITED STATES e'
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NUCLEAR CEGULATORY COMMIS$10N f
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PASHINGTON, O. C. 20555 October 15, 1981 MEMORANDUM FOR:
Chairman Palladino Commissioner Gilinsky Commissioner Bradford Commissioner Ahearne Commissioner RobertsnkCr% W FROM:
Martin G. Malsch, Deputy Gbneral Counsel 4
SUBJECT:
REVISION TO FEDERAL REGISTER NOTICE ON LOW POWER LICENSES'-- SECY-81-570 We have reviewed with the staff the proposed rule deleting the requirement of an offsite emergency preparedness review for licenses authorizing f uel load and testing at no more than 5% of rated power.
We were concerned that the language of the original proposal went farther than
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either the staff or the Ccmmission intended.
In conjunction with the staff and OPE, we have revised the proposed rule to provide that, while NRC or FEMA need no longer review the I
adecuacy or capability of offsite plans for a low power license, the NRC will still examine those offsite elements which must be connected with the applicant's plan in order for it to work -- communications', notification to offsite authorities, assistance agreements with police, fire, and medical organizations and the like.
We have attached a revised Enclosure 1 to SECY-81-570 which provides those changes.
Attachment:
Revised FRN cc:
K. Perkins, EDO B.
Grimes, I&E G. Cunningham, ELD M. Jamgochian, RES A. Kenneke, OPE SECY (2) 1 l
CONIACT:
Mark N. Chopko, GC X-43224
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l 8807070600 880622 PDR STPRG ESCHA PDR l
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[7590-01) s NUCLEAR REGULATORY COMMISSION 10 CFR PAR 7 50 Emergency Planning and Preparedness for Production and Utilization Facilities AGENCY:
Nuclear Regulatory Commission.
ACTION:
Notice of Proposed Rulemaking.
SUMMARY
The Nuclear Regulatory Commission is proposing to amend its regulations to provide that, for issuance of operating licensees authorizing only fuel loading and low power operation (up to 5% of rated power), no NRC or Federal Emergency Management Agency review, findings, and determinations concerning the state of or adequacy of offsite emergency preparedness shall be necessary.
The NRC review of the onsite 4
plan w~ill include an assessment of those offsite elements which are necessary to evaluate the applicant's response mechanism.
Comments received DATES:
Corment period expires af ter this date will be considered if it is practical to do so, but assurance of consideration cannot be given except as to comments received on or before this date.
ADDRESSES:
Interested persons are invited to submit written comments and suggestions on the proposal to the Secretary of the Commission, U.S.
t i
Nuclear Regulatory Commission, Washington, DC, 20555, Attention:
Docketing and Service Branch.
Copies of comments received by the
- Insert date 45 days after publication in Federal Register.
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Comission may be examined in the Comission's Public Document Room at 1717 H Street, NW., Washington, DC.
FOR 7URTHER INFORMATION CONTACT:
Michael Jamgochian, Human Factors Branch, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Comission, Washington, DC, 20555 (telephone: 301-443-5942).
SUPPLEMENTARY INFORMATION:
The Proposed Rule On August 19, 1980, the Nuclear Regulatory Comission published a revised emergency planning regulation which became effective on November 3, 1980 (45 FR 55402).
In i 50.47, the rule requires that:
"(a)(1) No operating license for a nuclear power reactor will be issued unless a finding is made by NRC that the state of onsite and offsite emergency preparedness provides reasonable assurance that adequate protective measures can and will be taken in the event of a radiological emergency.
"(2) The NRC will base its finding on a review of the Federal Emergency Management Agency (FEMA) findings and determinations as to whether State and local emergency plans are adequate and capable of being implemented, and on the NRC assessment as to whether the applicant s onsite emergency plans are adequate ard capable of being implemented."
When the regulation was originally drafted and finally promulgated, the question of emergency planning and preparedness licensing requirements for an operating license authorizing only fuel loading and low power operation (up to 5% of rated power), hereafter referred to as "low power license," was not fully evaluated.
It is apparent to the Comission that the emergency preparedness requirements for a low power l
license need not be"as extensive as those requirements for a full power operating license.
This has been the Comission's position, as f
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[7f90-01) reflected in the informal staff practics used in low power licensing reviews.
On the basis of the experience gained in emergency preparedness reviews over the last ye'ar, the Commission ncw concludes that evaluations of the adequacy of offsite emergency preparedness and the capability of offsite response mechanisms, as neasured by the full requirements of 10 CFR 50.47(a) and (b) and Part 50, Appendix E, are not necessary prior to issuing a low power license.
The Conmission's position is that several factors contribute to a substant.ial reduction in risk and potential accident consequences for low power testing as compared to the higher risks in continuous full power operation.
- First, the tission product inventory generated during low power testing is much less than during full power operation due to the lower level of reactor activity and short period of operation.
Second, at low power, there is a reduction in the required capacity of systems designated to mitigate
'the consequences of an abnormal occurrence under full power operati6n.
Third, the time scale for taking actions to identify accident causes and mitigate accident consequences is much longer than at full power.
This means the operators should have sufficient time to prevent a release from occurring.
In the worst case, the additional time available (at least 10 hours1.157407e-4 days <br />0.00278 hours <br />1.653439e-5 weeks <br />3.805e-6 months <br />) even for a postulated low likelihood sequence, which eventually results in release of the fission products accumulated at low power into the containment, would allow adequate precautionary actions to be taken to protect the public near the site.
Consequently, the Commission has determined that the degree of emergency preparedness that e
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[7590-01) is necessary to provide adequate protection of the public health and safety is significantly less than that required for full operation.
The proposed rule change provide's that, in order to grant a low power license, only a finding as to the adequacy of onsite emergency planning and preparedness is required. While the proposed rule would eliminate the need to have any NRC or FEMA review, findings, or determinations on the adequacy of offsite emergency planning and preparedness, the NRC review of the onsite response mechanism will necessarily include aspects of some offsite elements:
communications; notification; assistance agreements with local law enforcement, fire protection, and medical organizations; and the like.
Some examples,- but not an exclusive list, where review of an applicant's emergency plan would involve aspects of some offsite elements may be found in pertinent portionsof10CFR50.47(b)(3),(5),(6),(9),and(12).
The proposed rule only provides that neither FEMA nor NRC must evaluate the adequacy and capability of offsite preparedness organizations and plans prior to issuance of a low power license.
Since this eliminates the need to obtain findings from FEMA for low power licenses, the Commission has consulted with FEMA.
FEMA concurs in this approach and in the proposed rule.
It should be noted that tha staff proposes to evaluate any deficiencies which may exist in the onsite emergency plans against the standardsini50.47(b)andAppendixEtodetermine+heirsignificance to low power operation.
See 10 CFR 50.47(c).
This is consistent with pa'st staff practice where the onsite appraisal is completed and any
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(7590-01) i significant deficiencies are remedied prior to issuance of a full power license.
Regulatory Flexibility Cert'.ficatio In accordance with.the Regulatory Flexibility Act of 1980, 5 U.S.C.
i 605(b), the Comission hereby certifies that this rule will not, if promulgated, have a significant economic impact on a substantial number of small entities.
The proposed rule changes concern a clarification of the prequisite elements and findings necessary for the issua,.ee of an operating license authorizing only fuel loading and low power operations (up to 5% of rated power) for nuclear power plants licensed pursuant to Section 103 and 104b of the Atomic Energy Act of 1954, as amended, 42 U.S.C.'ll 2133, 2134b.
The electric utility companies owning and operating these nuclear power plants are dominant in their servica areas, and do not fall within the definition of a small business found in Section 3 of the Small Busineas Act,15 U.S.C. I 632, or within the Small Business Size Standards set forth in 13 CFR Part 121.
Accordingly, there is no significant economic impa:t on a substantial number of small entities under the Regulatory Flexibility Act of 1980.
Paperwork Reduction Act Statement i
Pursuant to the provisions of the Paperwork Reduction Act of 1980 (Pub. L.96-511), the NRC has made a preliminary determination that this l
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proposed rule does not impose new recordkeeping, infortnation collection, or reporting requirements.
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[7590-01]
Pursuant to the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and section 553 of title 5 of j
the United States Code, notice is he'reby given that adoption of the following amendments to 10 CFR Part 50 is contemplated.
PADT 50 - DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES The authority citation for Part 50 reads as follows:
i AUTHORITY:
Sees.103,104,161,182,183,189, 68 Stat. 936, 937, 948, j
953, 954, 955, 956, as amended (42 U.S.C. 2133, 2134, 2201, 2232, 2233, j
2239); secs. 201, 202, 206', 88 Stat.1243,1244,1246 (42 U.S.C. 5841, 5842,5846), unless otherwise noted. Section 50.78 also issued under sec.122, 68 Stat. 939 (42 U.S.C. 2152).
Section 50.78-50.81 also issued under sec.184, 68 Stat. 954, as amended (42 U.S.C. 2234).
j Sections 50.100-50.102 issued under sec.186, 68 Stat. 955 (42 U.S.C.
2236).
For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273), i 50.41(i) issued under sec. 1611,68 Stat.949(42U.S.C.
2201(i)); il 50.70, 50.71, and 50.78 issued under sec.161o, 68 Stat.
950, as amended (42 U.S.C. 2201(o)), and the laws referred to in Appendices.
1.
In i 50.47, introductory text is added to paragraph (a), the introductory text to paragraph (b) is revised, paragraph (c) is revised, and a new paragraph (d) is added to read as follows:
i 50.47 Emergency
- plans.
(a)
Except as provided in paragraph (d) below:
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(1) * * *
(2)***
(b) The onsite and, except as drovided in paracraph (d) below, offsite emergency response plans for nuclear reactors must meet the following standards:
(c)(1)
Failure to meet the apolicable standards set forth in paragraph (b) of this subsection may result in the Connission declining to issue an Operating License; however, the applicant will have an opportunity to demonstrate to the satisfaction of the Commission that deficiencies in the plans are not significant for the plant in question, that adequate interim compensating actions have been or will be taken promptly, or that there are other compellir,g ceasons to permit plant operation.
(d) Notwithstanding the reouirements of paragraphs (a) and (b) above, no NRC or FEMA review, findines, or determinations concerning the se of offsitt-emeroency preparedness or the adecuacy of and capability to implement State and local offsite emergency plans are reouired prior to issuance of an operating license authorizing only fuel loading and/or low power operations (up to H of the rated power).
Insofar as emergency planning and preparedness reouirements are concerned, a license authorizing fuel loading and/or low powe: operation may be issued af ter a finding is made by the NRC that the state of on' site emergency preparedness provides reasonable assurance that i
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[7590-08) adeouate orotective measures car: and will be taken in the event of a radiological emergency.
The NRC will base this finding on its assessment of the applicant's emergen'cy plans against the pertinent s.tandards in caragraph (b) above and Apoendix E of this Part.
2.
i 50.54 (q) is revised to read as follows:
i 50.54 Conditions of licenses.
(q) A licensee authorized to possess and/or operate a nuclear power reactor shall follow and maintain in effect emergency plans which l
meet the aopilcable standards in i 50.47(b) and the applicable l
requirements in Appendix E to this part.
A ifcensee authorized to possess and/or operate a research reactor or a fuel facility shall l
follow and maintain in effect emergency plans which meet the requirements in Appendix E to this part.
The nuclear power reactor licensee may make changes to these plans without Comission approval only if such changes do not decrease the effectiveness of the plans and the plans, as changed, continue to meet the applicable standards of i 50.47(b) and the applicable requirements of Appendix E to this part.
The research reactor licensee and/or the fuel facility licensee may make changes to these plans without Comnission approval only if such changes do not decrease the effectiveness of the plans and the plans, as changed, continue to meet the requirements of Appendix E to this part.
Proposed changes that decrease the effectiveness of the approved emergency plans shal1 not be implemented without application to and app;roval by the Connission.
The licensee shall furnish 3 copies of each I
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[7590-01) proposed change for approval; and/or if a change is made without prior i
approval, 3 copies shall be submitted within 30 days after the change is made or proposed to the Director of the appropriate NRC regional office I
specified in Appendix D,10 CFR Part 20, with 10 copies to the Director i
of Nuclear Reactor Regulation, or, if appropriate, the Director of l
Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Comission, Washington, D.C. 20555.
l 3.
Section I of Appendix E to 10 CFR Part 50 is revised to read asfollows[footnotesunchanged):
i I.
INTRODUCTION.
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Each applicant for a construction permit is required by i 50.34(a) 1 l
to include in the preliminary safety analysis report a discussion of I
l preliminary plans for coping with emergencies.
Each applicant for an operating license is required by i 50.34(b) to include in the final' safety analysis report plans for coping with emergencies.
l This appendix establishes minimum requirements for emergency plans for use in attaining an acceptable state of emergency preparedness.
l These plans shall be descr', bed generally in the preliminary safety analysis report and submitted as a part of the final safety analysis report.
The potential radiological hazards to the public associated with the operation of research and test reactors and fuel facilities licensed under 10 CFR Parts 50 and 70 involve considerations different than those associated with nuclear power reactors.
Consequently, the size of l
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0 Emergency Planning Zones * (EPIs) for facilitie: other than power reactors and the degree to which compliance with the requirements of this section and sections II, III, IV, and V as necessary will be determined on a case-by-case basis.2 Notwithstanding the toove paragraphs, in the case of an operating license authorizino only fuel loading and/or low power operations up to 5% of rated power, no NRC or FEHA review, findings, or determinations concerning the state of effsite emergency preparedness or the adequacy l
of and capability to implement Stata and local offsite emergency plans, as defined in this Appendix.,are required prior to the issuance of such a license.
(footnotesunchanged]
at thit day of
, 1981.
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For the Nuclear Regulatory Commission.
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Saccel J. Chilk i
Secretary of the Commission 1
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