ML20211D481
| ML20211D481 | |
| Person / Time | |
|---|---|
| Issue date: | 07/16/1999 |
| From: | Diaz N NRC COMMISSION (OCM) |
| To: | Vietticook A NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20211D475 | List: |
| References | |
| SECY-99-173-C, NUDOCS 9908270038 | |
| Download: ML20211D481 (5) | |
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9 NOTATION VOTE RESPONSE SHEET TO:
Annette Vietti-Cook, Secretary FROM:
COMMISSIONER DIAZ
SUBJECT:
SECY-99-173 - DENIAL OF PETITIONS FOR RULEMAKING SUBMITTED BY THE NUCLEAR INFORMATION AND RESOURCE SERVICE
" Obi isapproved Abstain Approved D
"I Not Participating COMMENTS:
See attached editorial changes.
P.
u r : _c SIGNATURE O I
1.n.e DATE 4
Entered on "AS" Yes
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No i
9908270038 990810 ORRESP D
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[7590-01-P)
NUCLEAR REGULATORY COMMISSION 10.CFR Parts 50 and 70
[ Docket No. PRM-50-67]
Nuclear information and Resource Service; Petition for Rulemaking Denial AGENCY:
Nuclear Regulatory Commission.
ACTION:
Petition for rulemaking; denial.
SUMMARY
- The Nuclear Regulatory Commission (N
) is denying a petition for rulemaking (PRM-50 67) from the Nuclear Information and Res urce Service (NIRS). The petitioner requested that the NRC amend its regulations to quire that nuclear facilities ensure the L 9+n-availability of backup power sources to power atome reactog and other nuclearfaedetrW systems in the event of a date-sensitive, computer-related incident resulting from a Year 2000 (Y2K) issue. The petitioner requested that NRC take this action to ensure that reliable backup sources of power are available in the event of a Y2K incident. The Commission agrees that maintaining reliable emergency power is important and has considered the petitioners request as part of its reviam of existing regulatory requirements and licensee actions to assure reliable emergency power during the Y2K transition. Based on this rev e Commission has
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determined that existing regulatory requirements, actions taken by the' licensees to implement a l
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\\p systematic and structured Y2K readiness program adequately address Y2K issues, and NRC's j oversight of the licensees' implementation of these programs provide sonable assurance of g
adequate protection to public health and safety. Because the Commission has concluded that existing programs already address the petitioner's concem regarding availability of emergency power, the petition is denied.
ADDRESSES: Copies of the petition for rulemaking, the public comments received, and NRC's letters to the petitioners are available for public inspection or copying in NRC Public Document Room,2120 L Street, NW. (Lower Level), Washington, DC, as well as on NRC's rulemaking web site at http://ruleforum. lint. gov.
FOR FURTHER INFORMATION CONTACT: Matthew Chiramal, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, telephone 301-415-2845, E-mail address mxc@nrc. gov, or Gary W. Purdy, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, i
telephone 301-415-7897, E-mail address gwpi@nrc. gov.
SUPPLEMENTARY INFORMATION:
Background
NRC received three related petitions for rulemaking (PRM-50-65, PRM-50-66, PRM-50-67), each dated December 10,1998, submitted by the NIRS conceming various aspects of Y2K issues and nuclear safety. This petition (PRM-50-67) requested that NRC adopt regulations that would 2
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. UNITED STATES g
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NUCLEAR REGULATORY COMMISSION i
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WASHINGTON, D.C. Speg6 eopt The Honorable Joe L Barton, Chairman Subcommittee on Energy and Power Committee on Commerce United States House of Representatives'
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- Washington, DC ~ 20515
Dear Mr. Chairman:
l The U.S. Nuclear Regulatory Commission (NRC) has sent the enclosed Feders/ Register
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notices to the Office of the Federal Register for pubhcation. With this action, the NRC denies three related petitions for rulemaking submitted by the Nuclear information and Resource Service (NIRS). The petiboner, NIRS, requested that the Commission amend its regulations to require that nuclear facilities be shut down if they are not compliant with Y2K issues 1
(PRM-5045). The additional two related petitions would require nuclear power plant and major
, fuel cycle facilities to develop and implement adequate contingency plans and conduct emergency planning exercises to address potential system failures (PRM-5046) and to provide rehable back-up sources of power for nuclear facilities (PRM-5047).
With respect to NIRS' petition for a rvle requiring / shutdown of nuclear facilities that are not Y2K comphant, the Commission finds that licensees are taking schon to _ identify and address Y2K problems. The NRC has required licensees to provide informabon to the NRC desciibing
- their activities for addressing Y2K issues, and to provide information by July 1,1999 that describe the status of their work. Addsbonally, the NRC is auditing and inspecting the j
implementation of hcensees'_
achvities. The N.RC has sufficient authority to take timely achon (including, as =rt- -g"
, issuance of orders directmg shutdown of facilities) if it finds that Y2K4nduced threaten contmued assurance of adequate protection to public health and rdingly,'the NRC concludes that NRS' proposed rule is not necessary to provide ble assurance of adequate pincuon to public health and safety in the e
any Y2K-induced problems.'
With respect to the NIRS' petition for a rule requiring a special emergency preparedness exercise at nuclear power plants to test the capability to cope with Y2K-induced failures, the NRC finds that emergency preparedness exercises routinely assume problems and equipment fabures, in order to test the capabihty of the onsite and offsite oreihelions to cope with such v
problems. Furthermore, hcensees have prepared Y2K contingen:y plans with respect to j
emergency preparedness implementation. The NRC will be reviewing the implementation of these contagency plans. Asvidi. gly, the NRC does not believe that NIRS' proposed rule is necessary to provide reasonable assurance of emergency preparedness capabilities at nuclear ~
power plants Finally, with respect to the NIRS' petition for a rule requiring an altomative source of I
emergency power, the NRC has determined that sufficient redundant backup. power sources are currently present at nuclear power plant facilities t>ecause of existing requirements with respect to loss of offsite power and station blackout. Redundant power sources are not
(' The NRC has received reports from all 103 operating nuclear power plant units. Sev T
units indicated that their computer systems supporting safe plant operation are "Y2K ready."
The remaining 31 units reported that they have additional work to complete on a few computer systems or devices to be fully Y2K ready and provided schedules for completing the work.
' None of the remaining work affects the ability of a plant to shutdown safelv. if needed.
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UNITED STATES.
4-NUCLEAR RESULATORY COMMISSION 3[
wasmsrow, o.c. mamaan
'g 4,o The Honorable James M. Inhofe, Chairman Subcommittee on Clean Air, Wetlands, Private Property and Nuclear Safety Committee on Environment and Public Works United States Senate Washington, DC. 20510
Dear Mr. Chairman:
The U.S. Nuclear Regulatory Commission (NRC) has sent the endosed Federal Regisfer nobces to the Orlice of the Federal Register for pubhcation. With this action, the NRC denies' three related petitions for rulemaking submitted by the Nuclear information and Resource Service (NIRS). The petitioner, NIRS, requested that the Commission amend its regulations to require that nuclear facilities be shut down if they are not c,e,T,p;;-,4 with Y2K issues (PRM -
65). The addibonal two related petitums would require nuclear power plant and major fuel cyde facilities to develop and implement adequate contingency plans and conduct emergency planning exercises to address potential system failures (PRM-5066) and to provide reliable back-up sources of power for nuclear facilities (PRM-5067).'
With respect to NIRS' petition for a rule requiring / shutdown of nuclear facilities that are not Y2K comphant, the Commission finds that licensees are taking action to identify and address Y2K problems. The NRC has required licensees to provide information to the NRC describing their activibes for addressing.Y2K issues, and to provide informabon by July 1,1999 that describe the status of their work Addsbonally, the NRC is auditmg and inspechng the implementation of '
activities. The NRC has sufficient authority to take timely schon (includmg,
, issuance of orders directing shutdown of facilities) if it fods that Y2K problems threaten continued assurance of adequate protechon to public safety.. Accordingly, the NRC concludes that NIRS' proposed rule is not necessary reasonable assurance of adequate protection to public health and safety in the 1
event of any Y2K-induced problems.
- With respect to the NIRS' petition for a rule requiring a special emergency preparedness exercise at nuclear power plants to test the capability to cope with Y2K-induced failures, the NRC finds that emergency preparedness exercises routinely assume problems and equipment failures, in order to test the capability of the onsite and offsite organizations to cope with such problems. Furthermore, hcensees have prepared.Y2K contogency plans with respect to emergency preparedness implementation. The NRC will be reviewing the implementation of these cedois-rcy plans. Accordingly, the NRC does not beheve that NIRS' proposed rule is i
necessary to provide reasonable assurance of emergency preparedness capabilities at nuclear
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Power plants Finally, with respect to the NIRS' petition for a rule requiring an alternative source of emergency power, the NRC has determined that sufficient redundant backup power sources
' are currently present at nuclear power plant facilities because of existing requirements with respect to loss of offsite power and station blackout. Redundant power sources are not necessary at other facilities which are the subject of NIRS' petition, either because such power e NRC has received reports from all 103 operating nuclear power plant units. Seventy
- units indicated that their' computer systems supporting safe plant operation are "Y2K ready."
The remaining 31 units reported that they have additional work to complete on a few computer systems or devices to be fully Y2K ready and provided schedules for completing the work.
4 None of the remaining work affects the ability of a plant to shutdown safely, if needed.
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