ML20202C877

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Notice of Receipt of Petition for Rulemaking PRM-50-67, Nuclear Info & Resource Svc;Receipt of Petition of Rulemaking
ML20202C877
Person / Time
Issue date: 01/15/1999
From: Vietticook A
NRC OFFICE OF THE SECRETARY (SECY)
To:
References
FRN-64FR3791, RULE-PRM-50-67 NUDOCS 9902010203
Download: ML20202C877 (5)


Text

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DOCKET NUMBER PETITION RULE PRM $0 4 7 0DmiE'D

(& VFR 2791) ,i-

[7590-01-P]  !

NUCLEAR REGULATORY COMMISSION co jw 19 pn .12 10 CFR Parts 50 and 70 .  ;

[ Docket No. PRM-50-67] l Nuclear Information and Resource Service; Receipt of Petition for Rulemaking AGENCY: Nuclear Regulatory Commission.

ACTION: Petition for rulemaking; Notice of receipt.  !

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SUMMARY

The Nuclear Regulatory Commission (NRC) has received and requests public comment on a petition for rulemaking filed by the Nuclear Information and Resource Service. )

The petition has been docketed by the Commission and has been assigned Docket No.

l PRM-50-67. The petitioner requests that the NRC amend its regulations to require that nuclear facilities ensure the availability of electricity to power atomic reactor and other nuclear facility safety systems in the event of a date-sensitive, computer-related incident resulting from a I

Year 2000 issue (Y2K). The petitioner requests that the NRC take this action to ensure that reliable back-up sources of power are available in the event of a Y2K incident. p

,f W,/919 DATE: Submit comments by (00 deya fe;;vm,w puoiiwuun in tiie Feumai Rewmer).

Comments received after this date will be considered if it is practical to do so, but assurance of  ;

i consideration cannot be given except as to comments received on or before this date.

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, ADDRESSES: Submit comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555. Attention: Rulemakings rard Adjudications Staff.

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Deliver comments to 11555 Rockville Pike, Rockville, Maryland, between 7:30 am and l

l 4:15 pm on Federal workdays.

l For a copy of the petition, write: Chief, Rules and Directives Branch, Division of  !

Administrative Services, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

You may also provide comments via the NRC's interactive rulemaking website through the NRC home page (http 1/www.nrc. gov). This site provides the capability to upload comments as files (any format), if your web browser supports that function. For information about the interactive rulemaking website, contact Ms. Carol Gallagher, (301) 415-5905 (e-mail:

CAG @ nrc. gov).

i FOR FURTHER INFORMATION CONTACT: David L. Meyer, Office of Administration, U.S.

Nuclear Regulatory Commission, Washington, DC 20555. Telephone: 301-415-7162 or Toll-Free: 1-800-368-5642 or E-mail: DLM1 @NRC. GOV.

SUPPLEMENTARY INFORMATION:

Background

The Nuclear Regulatory Commission received three related petitions for rulemaking, each dated December 10,1998, submitted by the Nuclear Information Resource Service concerning various aspects of Y2K issues and nuclear safety. This petition requests that the NRC amend its regulations to provide reliable back-up sources of power for nuclear facilities.

The two related petitions would require that nuclear power plant and major fuel cycla facilities be shutdown if they are not ccmpliant with Y2K issues (PRM-50-65) and require that nuclear facilities develop and implement adequate contingency and emergency plans to address potential system failures (PRM-50-66).

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3 Because of the nature of these petitions and the date-specific issues they address, the petitioner requests that the petitions be filed expeditiously and that public comment on the actions be limited to 30 days.

The Petitioner's Suggested Amendment The petitioner requests that the NRC adopt the following text as a rule:

The Nuclear Regulatory Commission recognizes that date-sensitive computer programs, embedded chips, and other electronic systems that perform a major role in distributing, allocating, and ensuring electric power throughout the United States may be prone t'o failure beginning on January 1,2000.

Loss of all alternating current electricity from both the offsite power grid and onsite emergency generators (commonly known as " station blackout,") long has been identified by the NRC as among the most prominent contributors to risk for atomic reactors.

(1) For these reasons, the NRC requires of Part 50 and 70 licensees as of December 1,1999: (a) that all emergency diesel generators that provide back up power to nuclear licensees must be operational and remain operational; (b) that licensees that cannot demonstrate full operational capabilities of all emergency diesel generators must close until such time that full operational capabilities of emergency diese! generators are attained; (c) that all licensees must have a 60-day supply of fuel for emergency

. diesel generators.

(2) Further, to ensure adequate protection of public health and safety, the NRC requires that alllicensees under these sections must provide attemate means of back-up power sufficient to ensure safety. These may include, but are not limited to: solar power panels, wind turbines, hydroelectric power, biomass power, and other means of generating electricity. These additional back-l

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up systems must provide electricity directly to the licensee rather than to the broader electrical grid.

(3) Irradiated fuel pools are to be immediately classified as Class 1-E; back-up power systems must be sufficient to provide cooling for such pools.

Licensees which cannot demonstrate compliance with sections (1) and (2) must cease operations as of December 1, 1999, until compliance with these sections is attained.

Discussion The petitioner acknowledges that the NRC has recognized the potential safety and environmental problems that could result if date-sensitive electronic systems fail to operate or provide false information. The petitioner also notes that NRC has required its reactor and major fuel cycle facilities to report on their programs to ensure compliance with Y2K issues by July 1, 1999.

The petitioner is addressing a related problem concerning the availability of electricity to power atomic reactor and other safety systems. Electricity is required to operate atomic reactor safety and cooling systems. This electricity is provided by offsite sources, referred to by the petitioner as the overall electrical grid. The petitioner states that the NRC has long recognized that the loss of all alternating current from both onsite and offsite systems, known generally as

" station blackout", is the most important contributor to risk at most atomic reactors. The

, petitioner notes that the NRC has required licensees to have back-up sources of onsite emergency power, normally multiple emergency diesel generators, capable of supplying the electricity necessary to operate essential safety systems.

The petitioner asserts that the emergency diesel generators used at atomic reactors have proven unreliable and are often out of service. The petitioner asserts that the unprecedented condition posed by the Y2K problem, coupled with the demonstrated and

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5 ongoing failures of emergency diesel generators, constitutes reasonable doubt that emergency fuel generators can be relied on. Therefore, the petitioner believes that the NRC should require all emergency diesel generators be operational, have a 60-day supply of fuel as of December 1, 1999, and that licensed facilities that cannot meet these requirements be closed.

The petitioner discusses the likelihcod and potential consequences of a failure of all or a portion of the electric power grid in the United States. The petitioner recognizes that the failure of all or a portion of the electrical grid due to Y2K issues is well beyond the scope of NRC's authority. However, the petitioner states that the extended failure of all or a portion of the electrical grid would place severe stress on the current emergency diesel generator system of back-up power supply and that the failure of emergency diesel generators at one or more reactor sites could result in extended station blackouts and nuclear catastrophes. The petitioner asserts that this possibility is well within the range of probabilities for which the NRC routinely requires action by its licensees. The petitioner further asserts that reliance on )

I unreliable emergency diesel generators is insufficient under these conditions.

Therefore, the petitioner believes it is essential that the NRC take the type of regulatory action suggested in this petition on an expedited basis. l 1

i Dated at Rockville, Maryland, this M day of January,1999.

For the Nuclear Regulatory Commission.

.M~ bKTC Annette Vietti-Co'ok, Secretary of the Commission.

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