ML20211M244

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Forwards marked-up Fr Notice & Regulatory Analysis for Immediate Notification Rule Package.Required Format & Suggested Style Changes Indicated
ML20211M244
Person / Time
Issue date: 01/21/1983
From: Philips J
NRC OFFICE OF ADMINISTRATION (ADM)
To: Mills W
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE)
Shared Package
ML20209B956 List:
References
FOIA-86-729 NUDOCS 8612170061
Download: ML20211M244 (53)


Text

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. E .l MEMORANDUM FOR: William R. Mills Office of Inspection and Enforcement FROM: John D. Philips, Chief Rules and Procedures Branch -

Division of Rules and Records Office of Administration -

SUBJECT:

DRR REVIEW 0F IMMEDIATE NOTIFICATION RULE The Federal Registe'r notice and the Regulatory Analysis for the rule package noted above are attached with required format and suggested style changes indicated. Since the style (editorial) revisions we have suggested for this rule add significantly to its clarity and quality, we urge that they be reviewed carefully.

The preamble (first two pages of FR notice) should be revised as shown to meet the format requirements of the Office of the Federal Register.

In the " Paragraph-by-Paragraph Explanation" section of the Federal Register notice (beginning at page 12), the CFR paragraph unit designations should be changed to match the revised paragraph designations we have supplied within 50.72 in order to meet Office of Federal Register requirements.

The Paperwork Reduction Act Statement (Federal Register notice, page 27) must be revised as indicated to reflect the proper status of the OMB clearance process for this particular rule. Please contact Brenda Shelton, TIDC, on ext. 28137 to obtain additional information concerning the proper paperwork notation for the Commission paper section of your rule package.

The Regulatory Flexibility Act Certification, the List of Subjects for 10 CFR Part 50, and the words of issuance (all on page 28 of the Federal Register notice) should be revised as indicated.

The Regulatory Analysis statement (Federal Register notice, page 29) should be revised as indicated and inserted immediately above the Paperwork Reduction Act Statement. ,

The revised citation of authority for Part 50 should be placed on page 29 where indicated.

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JAN g 1 W33 William R. Mills In the regulatory text of 550.72, several significant changes to regulatory

. criteria, language, and organization are recommended (see comments on pages 30, 31, 32, 34, and 35). In addition, required Office of Federal Register format revisions have been made to CFR paragraph unit designations as well ~

as to' amendatory language. Similar corrections have been made to the conforming amendments for 10 CFR Parts 20, 50, and 73. The paragraph unit designation changes appear to be relatively minor revisions but they permit a systematic and balanced breakdown of the regulatory provisions in 150.72 and will greatly facilitate future amendment, as well as satisfy Office of Federal Register requirements.

In the conforming amendment section of the rule, the amendments regarding reporting criteria in 350.36(c) replace existing, specifically-desig'nated paragraph units which are largely technical and organizational in nature. It does not appear that your proposed replacement language for these existing paragr.aphs will adequately address the current regulatory requirements or programs covered in those sections.

l The signature block (page 35 of Federal Register notice) should be moved to the bottom of page 8 of the conforming amendment section.

The Regulatory Analysis should be revised as indicated, with special attention paid to the need (in this particular case) for a brief, but specific, discussion of the alternative regulatory modes considered during development of the final rule, as well as the estimated costs to licensees of the existing reporting system and the new system as required by this final rule. Both of these necessary elements appear to be missing from the analysis. A breakdown ~

of costs to licensees in terms of number of licensees reporting, number of reports filed, and cost per report would significantly aid in assessing the impact of the final rule. This is the same information which you supply to Brenda Shelton, TIDC, for OMB clearance purposes.

Finally, it you have any questions concerning the matters discussed above, please contact Joe Cawley, of my staff, on ext. 24269.

RDG SUBJ John Philips, Chief JCawl ey Rules and Procedures Branch Division of Rules and Records Office of Administration Atachments: As stated -

cc: Brenda Shelton, TIDC Eric Weiss, I&E r

I i-AD - 0 ADM:DRR J /BKG JPhilips 1/21/83 1/;t/83

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NUCLEAR. REGULATORY, COMMISSION-

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10 CFR Part 50 7i Imediate Notification Requirement For Operating Nuclear Reactors AGENCY: Nuclear Regulatory Commission.

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ACTION: ' Final Rule.

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SUMMARY

The Nuclear Regulatory Commission is amendihg its regulations which. ,

require immediate notification of significant events at licensed commercial \sfeeb

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' nuclear power plants in light of experience with existing requirements and 9 public comments on a proposed revision of the rule. The Comission is ' b l SOMM r secht-

'clarifyingthelistofreportableeventsin10CFR50.72toincludereporting(w<40 atur&YA inh 0%y j criteria for unusual events that replaces separate criteria expressed as

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examples in NUREG-0554.

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EFFECTIVE DATE: knter 50 days from date of publicationf

.- - A FOR FURTHER INFORMATION CONTACT:{

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S. Nuclear Regulatory Eric W. Weiss, Office of Inspection and Enforcement, U

.. 3 Commission, Washington, D. C. 20555; telephone (301) 492-4973.

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SUPPLEMENTARY INF0Td4ATION:

. 2 I. BACKGROUND -

+ +

On December 21,1981l7heCommissionpublishedin/heFedera _a notice of proposed rulemakino (46 FR 61894 +

glemakig JM-prepn;d w sJh;ck inclociQ y no clee ger vader hecerc' con 4iM

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r.:idccNh: /D Cffrr' t

frojasAlc (1) Jhe incorporation of the b+ @j immed'iate notification requirementsfe4 550.72;into 150.54 as a condition o g (OL) in ord&

</try operating licensefto implement the provisions of section 201 o for F clearanReiulatory a Commission nuthorization b cedi Acim cal reporting Year 1980 (P~

96-295) (2) @ clarifications and refinementsM.'

requirements contained in 150.72. A' h4MwS Yt t 14RC-\gSQ oftrbr.s h nuclcAr 90VCY ?bn55i . Naseed ca re.uirements l are g r.ew ce.1re,

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subje it which bve P o rd'ong/ orn-/r 4d tin;'icr.::: r.d t9Sactions,

-tkterteatrc'tMip:pplicatic"r#:r0;;r.

thc'r Agtliceds All -:pp.intu..3 for sectiong103 and authorized by g cperating licenses. S JWif-104b licenses are now required by 150.54 to Mhemeroency plans that

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ygecM These cor.tain the various elements-set f:rth .&.10 CFR Part 50, App'endix E section 103 and 104b facilitites are the comercial nuclear poweribe-r facilit

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that produce electricity for public consumption [ Research and te W,9 are not subject to de ymy,..;d license conditions as they are licensed sections 104a .and'104c b %3-60. , t ,

of the PbsAtomic sdh;Het by Energy A ded lkusee Act of 19

^ , egto include proceddres for notifying ,

r Section IV of Appendix Efrequires the 01

  • mUhh cM6. Once an-cp;r;tir.Ni==cjunder section

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local, state and j Federal officials {.

103 and 104b)is granted, the licensee is required by 10 CFR 50.72

_imediate notification procedures upon the occurrence of :any of .a th "significant events" described in 550.72. Adddio,M J-

@e'NRC has provided} 'nce the enactment of section A. Ilee+tre c 2 to ep;r;ti-l- O L M de g::r.: n: as to situations or events which O require ne 5

and other

- t!.-}p I kco.ir hetik;f the NRC, n State; and local response organization A On August 19, 1980, the NRC published ee final rule on e.mergency personnel).

This rule hergency flanning[ effective on November A 3,1980}45FR5540~- QN'.c&

d established a multifaceted emergency planning and preparedness l ,

ameng other things, required procedures to be established for i ate and local emergency response personnel in notification of the NRC) j

certain situations. -lT-ewh'

' These situations were discussed in Revision l Emergency 1 to

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entitled " Criteria for Preparation and Evaluation of Radiologica Response Plans and Preparedness in Support of Nuclear P .

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  1. Revision 1") which was issu'ed in November 1980, shortly after the Emergency Planning rule became effective. evision 1 specified four classes of ,

Emergency Action Levels involving notification action otification of Unusual Event,Ilert, kteAreaEmergency,and eneral Emergen y. Revision 1 also set -

forth examples of initiating conditions for each of these four kmergency '

klassesA 26 examplei for the first ic-[cl, 29 for the second, 24 for the) and15forthefourth.[

As stated on pages1-3 of Revision 1: The rationa'le for the notification 4 A and alert classes is to provide early and prompt notification of minor events - .a which could lead to more serious consequences given operator error or equip-4 cent failure or which might be indicative of more serious conditions ~which are l

h@V Copies of NUREG oocuments are available at tne Comission's Public Document Room 1717 H Street, NW, Washington, D. C. 20555.- Copies may be purchased from the Government Printing Office. Information on current prices may be obtained l

by writing the U. S. Nuclear Regulatory Commission, Washington, D. C. 20555. -

Attention: Publications Sales Manager < _g g hv c 0 vfd ]*1p -

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not yet fully realized. A gradation in provided to-assure fuller response preparations for more serious indicators. The site area emergency class .

reflects conditions where .some significant releases are likely or are occurring but where a core melt situation is not indicated based.on current information.

In this situation full mobilization of emergency personnel in the near site environsisindicatedaswellasdksp'atchofmonitoringteamsandassociated ,

communications. _ The general emergency class involves actual or imminent substantia 1' core degradation or melting'with the pot'ential for loss of' V

containment.g '

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ThecriteriasetforthinRevision1andtheexamplesfofeventstri;jpig

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  • therespectivepergencyf. lasses (withattendantnotificationactions) provide m- holded -fr additional guidance for tery geratin; 'ce-ee h the preparation, approval,

! and ultimately, the implementation of their emergency preparedness plans which .

4. &

M s6bmitted to NRC for evaluation pursuant to 10 CFR 50.47.

III ANALYSIS OF COMMENTS Twenty (20) letters of comment were received in response tA the Federal' ~

31 % <t' h Thit F & r &

Registerfotice{(46FR61894)JpublishedonDecember21,198

'I Y A kcC, j y Co@

Copies of these documents are available for public inspection and wp..$ at

$'the NRC Public Document Room,1717 H Street, N. W., Washington, D. C. 20555 j

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Abused .

4:gi:tcrbtice -d::cribed th'e proposed revision of 10 CFR 50.72,"Notification A , ,v;rvi:..

of Significant Events and 10 CFR 50.54)" Conditions of Licensees."

of the more significant. comments follows:

    • Wert WecivedM k d cf A few general comments-et[fd-that the knrnission already has the ability to enforce its regulations and does not need to incorporate the items as now proposed into conditions of license A 65o-@

m Based on careful cpnsideration of these comm'ent andgtheadviceofits I

+ h s dce;dtA g f 1;;..ing-the h {ro M Mproposed tc ,

@ Ext:::tiv:cc L:;:1 of GeeAl n'e, /heOwnte,I Commission -ir -:t ,

revision of 550.54. .

Need for Coordination. -

COMwodeys Seven ktter; cf ::r :e said that the NRC should coordinate the require-5 ryrcmenh such As tbse, condamed in NUREG-0654 and Reg. Guide 1.16. Many ments of 40 CF1150.72 with other comenkrs of the'se-ity:rr identified overlap, duplication;and inconsistency amon tu red reporting requirements.At ;4%tes ;. cokcM .Ve,m 1 ccue,3 % 41c we. of A Ce%qcm The "T -t:.ff is making a concerted effort to ensurgonsi@ a.

N repodhej _

coordinated reporting requirements. Thef tequirements contained inCthe revisic

" f % ve4 remeds 4 is 55 %d Aneda s to bt-Ye%'Se d i if4 CFg50.72 are being coordinated with ' revision of{50.73, 50.55 In addition, the " Unusual Event"

  • . ? H , 20.402, 73.71 n P t 21.

4c.v p cmeds f wh% &s t rey rhyA category is explicitly incorporated g *50.72..this eliminating overlep wi. n hf rt arh n vet vWeYM rN Irt rYvlst d, (b6o.12. a.ho .

NU EG-0 4. hepul: thapreplacef Reg. Guide 1.16prcpr}lg r virem

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d Buildina Evacuation c.omm&s S & W S'.h *1 5 Ten letter: ef ;;.2cc.t , M that the propose ~d 4 50.72(b)(6)(iii)regarding accidental, unplanned or uncontrolled release resulting in evacuation of a

' m -} b }.*. t c u ld C 4v5 c buildingg was unclear and counter-productive 'y cf:' ; reluctance to evacuate

- a building. -

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K wppe. %l und ;n this corraent)the NRC has revised this reporting requireme -

k n specific radio-elfminate4 reference to building evacuation andg\insteaddrel logical release rate criteria.

Plant Ooeratinc and Emercency Procedures ,

to m ss M Stxist Several htt;rs ef. cec.;;r,t ::if that the reporting criteria should not rake reference to plant operating and emergency procedures because:

a. It would take operators too long to decide whether a plant condition was covered by the procedures, .

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b. ' The procedures cover events that are not of concern to the NRC, and
c. 'The procedures vary from plant to plant.

Comw.~ beuers The MDC :t:ffj p :itier i:'that the plant's operating pers$nnel shou familiar with their procedures. However, the wording h 1: s;F of the reporting criteria cnVuccl 6t 5 has been modifiedf50.72(b)(2))6n the final rulej) to merr:w the events Notwithstanding the fact to those that significantly compromise plant safety.

the procedures do vary fron g plant-to-plant, this is a useful reporting. criterion which M;cMr5 h omrwc or A ir.dicctive cf ; .:rt serious event.

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[7590~013' ESF / RPS Actuation eccarrinb

- cwwchs dheb articularly those scramsf Several letter: Of cer-ent^ % reactor scrams, c b

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Irvtis 'de b b6 ow_.

dAbelow power operation {, should not T;;9- actifi{g.yfA er f .

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hour. Co w :ss ~

In response to these coments, the NRC 'taff has changed the re

- Cs m :.Q hr deadlinetog$ours.

However, the-2C):t:M does not regard reactor scrams as d.d- qwwgka b w Information _ c'g {d ^ ] reactor scram "non-events" as g some commen' r been useful in identifying safetygelated problems.-

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Radioactive Release ThresholdC,o w e.n%~s s &cm.=t Several ictter: :#  % ~ v'qvive., .

u difk;g one.jp h

for radioactive releases was too lowa thr_c;h jifjr ! '.;y- reporting fE loqusten Based upon this coment,b the C7 etcff has chanced the ~

k thresh ftofee_ -fju reporting tod +n8ms allowable limiti.

3 E a Citine-iG CTR 50.72 as Basis for Notification -

b 6 turn com :f ::=e-t objected to citing 40 07150.72 wm}ers asA ^5 afeele)tter: Comekers The htter:ge' cr~=et questioned the purpose, making a telephone notification. - ...

and legal effect,m*m:

Com en burden on the licensee.h t it is an 'r unneces

' The ku.,';T$C't .ff b does not believe 5::i:

t a\eb e,00 v%c,& or hof A sje licensee tog =d id:r.tif; t'a 4 w4r 5 There have been many occasions when ee-licensee W by -10 CIE 50.72. d e A

vncerhin whether 4he telephone notification As0%er yefo&O was beino made -Luns inSiaccor

"""m 5 i t or y a f.

t with technical specifications,10 CTR 50.72, c:/g:"-+ requ remen ,

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courtesy call. Unless the'11censee can ide'ntify the nature of d report, it

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is . difficult for the NRC to know what significance the licensee attaches

. to the report]and itx becomes more difficult for the NRC to quickly and proferly respond to the ' event.->-

Personnel Radioactive' Coniamination ~ ~ ~

coumentc ',J F Several 4attr:/gtf--;ys:mt-:bjected ;e to the use of vague tercts L 45such as r

" extensive onsite contamination" and "readily removed"(in one of th ' reporting r-CNhYk W\. ,.;

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.... ..... ..' the proposed rule.

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- Sased on this comment, a'n'ew criterion has been p ge:$.that does not use' .a

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I Notificat' ion Nng ScheddC Seven l c med;ers -

Thc1;tti,sjp.cw..mi., ;m :Uy had twocommukeys points .to make regarding the -

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tjming of reports to the NRC. First, the cc-qpt:-supported notifiction f c

. ed ~hA g becoMied , -H v. h % e,g -

the NRC 'after appropriate state ef-local," agencies "5,econd, t!: cc r5 -

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requested that there be a new four-to six-hour report category for events not

'warranting a report with one hour. _, ,. . . - ,

Based o'n these comments, the NRC has established a "four-hour report" -

category titled "significant events" as was suggested. .# - .,

..w It:.ediate Shutdown i

comm esqcys-Several -lettc :/f c==t objected to the~ use,.of' the term "imediate Inutdown" saying t3at technical specifications do nc use such a term.

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Sihe t, 13+%"% the term is used in Isome but not' all) technical specificatio The final rule (ov5 Mss entaff has revised the reporting criterion in question.

the requires a report upon the initiation of any nuclear power plant shutdo required by Technical Specifications.

Explicit Threats

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A few commenters said that thi' intent of the term " explicitly threaten

^ wvc. appuc,d3 vhurYAM As bwhat level of threat was b y

was unclear. These comentdis A

to.

The term " explicitly threaten"fhat aMed in the proposed )rule has bee deleted from the final rule. '

4 IV. SPECIFIC FINDINGS 0verview Of The Imediate Notification System h 4Ms final rule becomes effective, the immediate notification When requirement will provide the NRC with timely wreports of emergenc

_ D This amendment of 6he existin} 150.72, !' Notification l.

g significant events.

! of Significant Events" will resultgasicallygthree types of improvem One improvement is that the NRC will receive n tification cf Cwere.

significant events that were not Ypreviously-c-ture under the 4

$%l AWule::the c.,

requires reporting of any of 550.72. For example, the -rev Wr c'/ \

i'ma.ior loss of emergency assessment of communications capa

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f, significant portion of control room indicator or Emergency No This and other changes in reporting criteria will provide the NRC w i

complete Immediate Notification System.

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A second improvement ~ is that certain events that were previously reporte j despite having little safety ignificane wilh no longer be reported. . For 5S'sn2.curr YquireS example,4h; 09+M ~h[xyir:_ reportingjany fatality or injury occurring This k u on the site and requiring transport to an offsite medical facility. A The new rule requires %

resulted in a large number of worker injury reports. A A oQ.-S c - . . . .

nated 'ndividua o offsite reporting transport of radioactively conta u mg ( vcy.

  1. c.g' 'Tews release is planned or notificatio-individual facility for treatment fi ese changes and others are to other government agencies has been ma e expected to greatly reduce the number of inconsequential devel reports.

recthe

& .a st important improvement,is that q p' i m The third)and perhaps yt, v  ; ev e.d:5 in a 4 T4r+s o4 C,P:.rt b R G m, 4 h Wis*.A re d # P:.ct wi et" re-t r:

this rule' has been closely coord nat

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-eed T.,6 .21. Many of the reporting criteria in the final rule are similar in 7

g This should aid wordingandintenttoreportinginthenewf50.73"LERSystem."

g ' eas'e of interpretation, reduce loopholes and generally improve coordin

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! MMU the generation, receipt and use of reports. - P l

7g 3I deveral substantive revisions of other sections of 10 CFR are underway

. .Ar. m that will like-wise use similar wording in their reportin'g requirementr 0.1 2. N In addition, a number of administrative revisior 50.p , 50.55(e)and10CFRPart21). ,

of 10 CFR 50 Appendix E,10 CFR 20.402 and 20.403, 20.405 and 10 ugeS f being made to ensure coordinated reporting requirements,

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-}i2-Paragraph-By-Paragraph Explahation of.The Rule Paragraph 50.72 requires: .

Each

- "Immediate Notification Requirement for Operating Nuclear Reactors'.

- licensee of a nuclear power reactor licensed under {50.21(b) or 150.22 shall notify the NRC Operations Center via the Emergency Notification System for any of.the following f'ive types o'f' eients: Alert, Site Area Emergency, General Emergency, Unusual Event, and Significant Event. k' hen making such notification

- the licensee shall identify which of the five types of events is being reported.

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If.the Emergency Notification System is inoperative, the the licensee shall

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4 make the required notifications via comtercial telephone service, other ' dedicated telephone system or any other method which will ensure a report being made phomptly to the NRC Operations Center."

This initial paragraph reflects some consolidation of language that was

In general, the intent repeated in various subparagraphs of the proposed rule.

and scope of this paragraph does not reflect a'ny change from the proposed Paragraph 50.72(a) [ proposed 50.72(a)] requires that:

"The licensee shall notify the NRC each time there is' initiation of-the I

I following four Emergency Classes:

Notification of Unusual Event, Alert, Site Area Emergency and General .

' Emergency.

All such notifications to the NRC shall be made immediately after notification to the apprcpriate State or local agencies." .

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In response to public comments, " Unusual Events"~ are no-longer ,

^ defined by paragraph 50.72(b).- Public connents critized

NUAEG-0654, but are the overlap between the rule and NUREG-0654.' Consequently, the criteria Unusual Events were explicitly incorporated into the regulations with care to

- eliminate the ove'rlap. - -- . - -

"The initation of any nuclear plant shutdown required by Technical While the intent and scope has not changed, the change in I' Specifications."

wording between the proposed and final iule is intended to clarify prompt notification is required once a shutdown is initiated. .

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In response to public comment, the term "immediate shutdown" t The tenn was vague and in the. proposed rule is not used in the final rule.

unfamiliar to those licensees that did not have Technical Specification u the tenn.

This' reporting requirement is intended to capture those events fo' This will Technical Specifications require the initiation of reactor shutdown.

provide the NRC with early warning of safety significant condition - .-

enough to warrant shutdown of the plant.

f Paragraph 50.72(b)(2) [ encompassing events previously classified Unusual Events and some events captured by proposed 50.72(b)(1)] re reporting of:

"Any event or condition during operation that resulted in the nuc dd power plant, including its principal safety barriers, being serious

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l t f ty, ' n i a-in an unanalyzed condition 'that significantly~ compromises p an 'sa e condition

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condition that was outside the des.ign basis of the plant, or in a r h not governed by the plant's operating and emergency procedures."

' One was to capture events previously classified as

- is added for two reasons:

" Unusual Events" thus eliminating overlap between this . rule and NU

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The other reason was to provide for consistent, coordinated repor Both of these between this rule and 10 CFR 50.73 that has a similar provision.

The intent of this paragraph is to reasons were suggested by public comment.

capture those events where the plant, including its principal ids-

"#sa was seriously degraded or in an unanalyzed condition. For examp in, systems designed to remove heat from the reactor core previously shown through analysis not to be safety significarit reported.

However, the accumulation of voids that could inhibit the abilit adeqtJately remove heat from the reactor core, particularly un '

circulation conditions, would constitute an unanalyzed conditio In addition, voiding in instrument lines that results in an reportable.

erroneous indication causing the operator to significantly tisu h ld be true condition of the plant is also an unanalyzed condition and s ou reported.

The Comission recognizes that the licensee may use engine It is not and experience to determine whether an unanalyzed condition intended that this paragraph apply to minor variations in indiv o . . _ . _ _ __ _ _ _ . . _ , _ _ _ _ _ _

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At any time, one or more or to problems concerning single pieces,of equipment.

safety-related components is likely to be out of service due to testi

' tenance, or a not-yet-rectified fault. Any trivial single failure or minor error in performing surveillance tests could produce a situation in wh or more often unrelated, safety-related components are formally out

' However, these events should be Technically, this is an unanalyYed ^c6ndition.

~ reported only if they involve functionally related components or if reflect significantly compromised plant safety.

Finally, this paragraph also includes material (e.g., metallurgical d l degradation the principal safety ba'rriers

, chemical) problems that.cause abnorma (i.e., the fuel cladding, reactor cooiant system pressure bound Examples of this type of situation include:

contain-ment).

Fuel cladding failures in the reactor, or in the storage pool, th (a) d by exceed expected values, that are unique or widespread, or that are ca i f unexpected factors, and would involve a release'of significant fission products. ,

Cracks and breaks in the piping or reactor vessel (steel (b) f c'oncrete) or major components in the primary coolant circuit relevance (steam generators, reactor coolant pumps, valves etc.

(c)

Significant welding or material defects in the primary coo system.

Serious temperature or pressure transients.

(d)

~ Loss of relief and/or safety valve functions during test o (e)

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Loss of containment function or. integrity including:

(f) containment leakage rates exceeding the authorized limi

' (i) loss of containment isolation valve function during tests o (ii)

~ operat' ion ~

(iii)' loss of' main steam isolation valve function during operation (iv) 1'oss'of containment cooling capabilit 72(b)(2))

Paragraph 50.72(b)(3) [ encompassing a portion of propo requires reporting.of: d an actual

' "Any natural phenomenon or other external condition that p

  • interferred w ti h site threat to the safety of the nuclear power plant or f operation of the personnel in the performance of duties necessary for the sa .

plant." i i n of 10 CFR This paragraph was reworded to correspond to a similar in p By making the requirements of 10 dination CFR'50.72 a

, 50.73(a)(3).

language, when possible, the NRC staff hopes to increas between and clarity of the rules. - lies only to The paragraph' has been reworded(e.g.,railroadtankcar to make it clear tha acts of nature (e.g., tornadoes) and external hazards ed References to acts of sabotage have been remove explosion).

In addition, threats to personnel from internal h by Section 73.71. iterio'n (e.g., radioactivity releases) are now covered by that This paragraph is intended to capture those ev paragraph 50.72(b)(6). xternal condition or where' there is an actual threat to the plant from an e D

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[7590-01] -

natural phenomenon, and where the threat or damage challenges the abilit the plant to continue to operate in ,a safe manner (including the orderly

' shutdown and maintenance,of shutdown conditions)* The licensee should de For example, a minor a phenomenon or condition actually threatentd the plant.

brush fire in a remote area of the site that was quickly controlled by fire fighting personne1' and, as a result,'did not present a threat to the plant However, a major forest fire, large-scale flood, or should not be reported.

major earthquake that pr- ents a clear threat to the plant should be rep As another example, an ineustrial or transportion accident which occurs near .

4 h ld be reported. ,

, the site creating a plant ' safety concern s ou One letter of comment was concerned that events occurring on land adja This is not the intent to the plant, owr.cd by the utility might be reportable.

The NRC is concerned with the safety of plant of this reporting requirement.

and personnel on the actual site of plant and not with land adjacent .

used entirely for non-nuclear activities.

Paragraph 50.72(b)(4) [ encompassing events previously classified a

" Unusual Events") requires the reporting of:

"Any event which results or should have resulted in Emergency System (ECCS) discharge to the vessel as a result of a valid sig One was to capture events previously criterion is added to two reasons.

classified as " Unusual Events" thus eliminating overlap between 5 The other reason is to provide for consistent, coordinated rep iUREG-0654.

requirements between this rule and 10 CFR 50.73 that has a s

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Both of these reasons were suggested by'public comment. Howaver, unlike a similar provision of 10 CFR 50.73, this rule requires reporting of a reactor This requirement is b'ased on the usefulness of'this ,

trip from any, power level.

'information in the past in identifying safety problems.

This paragraph is intended to capture those events that result in either automatic or manual actuation of the ECCS or could have resu some component had 'not failed or an operator action had not been taken.

One example of such an event woul'd be if a valid ECCS signal was gen Even by plant conditions, and the cperator put all ECCS pumps in pull-to-lock ~

though no ECCS discharge occurred, the event would be reportable.

A " valid signal" refers to the actual plant conditions or parameters Excluded from this reporting satisfying the requirements for ECCS initiation.

requirement would be those instances where instrument drift, spurio However, such events may be numan e'rror, or other invalid signals caused ECCS.

reportableunderotherparagraphsofsectionsofh0CFRbaseduponoth In particular, paragraph 50.72(c)(2) would require a details of the event. ' '-

significant event report within four-hours if ESF were actuat'e'd.

Paragraph 50.72(b)(5) [ encompassing events previously classified a Unusual Events] requires reporting of: .

"Any event which results in major loss of emergency assessment or communications capability (e.g., significant portion of control room Emergency flotification System").

r

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. . Q590-01]

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.'^

In response to'public comment, 'this reporting criterion was' added to those of the. proposed rule in order to capture those events previously classified as Thus, the overlap between this rule and NUREG-0654 is eliminated Unusual Events.

This reporting requirement is.. intended to capture those events .that wo Notifying impair a licen,see's ability to deal with an accident or emergency.

the NRC of these ' events may'perniit the NRC to take some compensating measur

' and to more completely assess the consequences of such a loss should it occur during an accident or emergency. . ,

l Paragraph 50.72(b){6)[encompassingsomeportionsoftheproposed

[

d

, 50.72(b)(2), (6) and (8)] requires the reporting of:

"Any event or personnel act that threatened the safety of the nuclear power plant or interferred with site personnel in the performance of Such events may include necessary for the safe operation of the nuclear plant.

- fires, strikes by operating personnel, exclusion of personnel access due j

toxic or radioactive gaseous releases." Addi6g the phrase " exclusion of p i

access due to toxic or radioactive gaseous releases" to paragraph of the final rule covers paragraph 50.72(b)(8) of the proposed rule and reposed rule.

" evacuation" portion of paragraph 50.72(b)(6)(iii) of the Since public comment was critical of this " evacuation" reporting the proposed rule, the staff made this change in wording for the f While paragraph 50.72(b)(3) of the final rule primarily captures nature, paragraph 50.72(b)(6) captures other events, particularly ac 1

personnel.

The Comission believes this management of the reporting crite j

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pr.ecise interpretation and is' consistent in the final rule lends itself to more- tion between the with those.public corrc. ants that requested closer.coordina f 10 CFR.

repor. ting requirements in this rule and other portion o articulary This reporting requirement is intended to capture those e f ty of the plant or h

' those caused by acts of personnel which endanger for safe t eplant sa e interface with personnel in performance of duties necessary operations. ting under Nevertheless, the licensee must exercise some judgmen For example, a small fire on site that did not endang  !

this section. l be expected to endanger plant equipment, that did not and could not reasonab y the plant is not reportable. l) requires paragraph 50.72(c)"SignificantEvent"[notinproposedru that: d in all cases,

'I The licensee shall notify the NRC as soon as possible a following events if not

' within four hours of the occurrence of any of theThe ev reportedunderparagraph(a)or{b)above. h that follow Although the reporting criteria contained in the subp t d the Comission to establish were in the proposed rule, public coment promp with slightly e less urgency t

this "Significant Event" category for thos.e even sd within '

and less safety significance that may be reporte tured by proposed hour. Paragraph 50.72(c)(1)[encompassingsomeeventscap 50.72(b)(1))requiresreportingof: had it been found "Any event, found while the reactor is shutdown, that sulted in the nuclear power while the reactor was in o'peration, would have re

l 6 - [7590-01): .

-9 . .

d d or-in plant, including its principal safety barriers, being seriously-d an unanalyzed condition that significantly compromises plant sa .

t d'close coordination be established

,, Based upon public comments that reques e between 50.72 and other rules, this reporting requirement is sim Except for referring to a shutdown reactor, this rep requirement in '50.73. - .- . . .

Because this refers requirement is similar to a ," Unusual Event" 50.72(b)(2). less urgency

' to a shutdown reactor, events captured by this requirement h have and can be reported within four hours as a "Significant Event." ()in 50.72(b)(1) of the proposed rule was split into 50.72(b)(2 'd f reports to be made within four

, the final rule in order to permit some type o hours.

In terms of their combined effect, the overall intent and s Since .he. type's

- t these sections has not changed from that in the proposed

~

i ilar to rule..

of events intended to be captured by this reporting requirement h 50.72(b)(2) except that the reactor is shutdown, the reade explanation of 50.72(b)(2) for more details on intent.

Paragraph 50.72(c)(2)[prbposed50.72(b)(5))requiresre "Any event or condition resulting in manual or (RpS). autom Engineered Safety Feature (ESF), including the Reacto f the Actuation of an ESF, including the RPS, that resulted be reported.

from preplanned sequence during testing or reactor operation n In response to public coments, this reporting f coment require "Significant Event" because The Commissionl agrees less urgency with that events captured by this requirement generally have slig

~

[7590-01T.

and safety significance thah those even'ts included in the " Unusual Event"~

The intent and scope of this reporting requirement have not paragraphs.

chan,ged from that in the proposed rule.

This paragraph is intended to capture events during which an ESF actuates, It is based on the

- either manually or automatically, or fails to actuate.

premise that the ESFs are provided to mitigate the consequences of the event, therefore, (1) they should work properly when called upon and (2) they should not be challenged- unnecessarily. The staff is interested both in events where an ESF was needed to mitigate the consequences of the event (whether '. .s or not th equipment performed properly) and events where an ESF operated unneces

" Actuation" of multichannel ESF Actuation Systems is defined as actuation Therefore, single

- of enough channels to complete the minimum actuation logic.

' channel actuations, whether caused by failures or otherwise, are not reportab if the'y do not complete the minimum actuation logic.

Operation of an ESF as part of a planned test or operational evolution However, ff during the test or evolution the ESF actuates need not be reported.

in a way that is not part of the planned procedure, that act'u'atien sh6cid'te reported. For example, if the normal reactor shutdown procedure require the control rods be inserted by a manual reactor trip, the reactor trip need h h tdown that,

,not be reported. However, if conditions develop during t e s u The require an automatic reactor trip, such a reactor trip should be reported.

fact that the safety analysis assumes that an ESF will actuate automaticall Actuations during an event does not eliminate the need to report that actuation.

~ _ _ _ _ _ - _ - _ _ _ _ _ __

- [7590-01]~

~

ii t that need not be reported are 'those initiated for reasons other than ,

the consequences of an event (e.g., at the discrtition of the licens o.,7 of a . planned procedure).-

Paragraph 50.72(c)(3) [ proposed 50.72(b)(4)] require reporting

' "Any event or' condition that alone could have prevented t the safety function of structures or systems that are needed to:

Shut down the reactor and maintain it dn a safe condition;

, (i) .

(ii) Remove residual heat;

+

(iii) Control the release of radioactive material.

Such events may include one or more personnel errors, equ inadequacies."

and/or discovery of design, analysis, fabrication, and/or proced In response to public comments, the words "any instance of

" that equipment failure, or discovery of design or proceduraldition". inade appeare) in the proposed rule have been replaced by the w This simplification in language is intended toAlsoclarify in response what wa phrase to many of those who commented on the proposed '

t"'to'be rule to pubife connent, this reporting requirement is a "Significant reported within four hours instead of within one hour.

This reporting requirement is similar.to one contained in 5 i f reflecting public comment identifying the need for closer coord reporting requirements between 50.72 and 50.73.

_. a _. . _ _ _ _ _ _ - . _ _ _ - . _ -. _ _ _ _

' [7590201]'i

~~

this paragraph has been changed to make it In sunnary, the wording o have not been easier to. read, while the intent and scope of the,l paragraph ted systems changed. This paragraph is based on the assumption ident. While that safe and structures are intended to mitigate the iconsequences f an ESF', ,

of an paragraph 50.72(c)(2) applies to actual demands ld havefor failed actuat o paragraph 50.7'2(c)(3)' covers an ehnt where onnelaerrors,safety system to perfom its intended function because of one or more l i pers .

including procedure violations; equipment failures; or desig .

The event should be f abrication, construction, or procedural deficiencies. d the structure or ,j reported regardless of the situation or condition that cause system to be unavailable.

It should be noted that this paragraph' applies to those i ment isolation, designed to mitigate the consequences of an accident (e.g.

Hence, minor operational events such as valve p emergencyfiltration). ial, leaks, which could be considered a lack of control of rad

. System leaks or other similar should not be reported under this paragraph.

events may, however,.be reportable under other paragraphs. '

Paragraph 50.72(c)(4)(proposed 50.72(b)(6)]requiresr

"(1)

Any radioactive release that exceeded 2 times th

) of 10 CFR Part 20, ,

concentrations (see10CFRPart20,AppendixB. Note i 1period of Appendix B, Table II in unrestricted areas, when ave (ii) Any liquid release that exceeded dixB,2 times t one hour. Note 1)

MaximumPermissibleConcentrationMPC(see10CFRPart

[7590-01]'

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at the point of entry into the receiving water (i.e., unrestricted area) for all radionuclieds except disso1'ved npble gases, when averaged over a time t

period of one hour." ,

Based upon public comment, the reporting threshold has been changed fr Also, based on "25%" in the proposed rule to "2 times" in the final rule. '

i.

' public comment, this has been made as a "Significant Event" to be re

~

within 4-hours instead of within 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br />.

Also based on public comment, this reporting requirement has been ch l

i to improve its clarity by referring to specific release criteria instead of *

'+

referring only to technical specifications. -

This reporting requirement is intended to capture those events that cau l.

an unplanned or uncontrolled release of a significant amount of radio Unplanned releases should occur infrequently, material to offsite areas.

l however'; when they occur, at least moderate defects have occurred in .

i.

~. design or operational control established to avoid their occurrence a therefore, should be reported.

Paragraph 50.72(c)(5)[proposedrule50.72(b)(7)]requiristherepor of:

"Any event requiring transport of a radioactively contamina I to an offsite medical facility for treatment."

l One is to

! Three changes have been made to this reporting requirement.

l l

eliminate the phrase " occurring onsite" because it is implied by f

The second change is to replace " injury involving radiation" w 1 the rule.

i

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i h was made because of the'

," radioactively contaminated individual." .Th s c ange ,

difficulty in defining injury due to radiation and more importaatly b CFR Pa,rt 20 wi,11 capture events involving' radiation exposure.

The third change which was in response to public coment was to

  • reporting requirement a four-hour notification, instead of one

' - ~ . . . .

Paragraph 50.72(c)(6) [not in proposed rule) requires reperting "Any event or situation related to the health and safety i of the site workers, or protection of the environment and for which a ne Such event planned or notification to other government agencies has been *'

may include an onsite fatality or release of radioactively cont This criter, ion covers those events or situations that would no materials." dia, otherwise warrant NRC attention except for the interest of the news m In terms of its effect on licensees, other government agencies, or the public.

h threshold for reporting

. this is not a new reporting requirement because t e '

This injuries and radioactive releases was much lower under i the criterion will capture those events previously reported under o blic attention.

when such events require the NRC to respond because of media or Paragraph 50.72(d) [ proposed 50.72(c)3 requires:

With respect to the telephone notifications made

" Followup Notification.

i to underparagraphs(a)(b)and(c)ofthissection,eachlicensee,ina making the required notification, shall during the course of the (1) , Promptly report any further degradation in may the plant or other worsening plant conditions including those

n ,.

D59001) require, initiation of any of the Emergency Classes if such initiation has not

' ~

been previously declared, or the change from one Emergency Class to another or' a termination of the. Emergency Class.

(2)' Promptly report the results of ensuing evaluations'or assessments of plant conditions, the effectiveness of response or protective measures taken, and infonnation related to plant behavior that is not understood.

(3) Maintain an open, continuous communication channel with the NRC Operations Center upon request by the NRC." ,

This paragraph has remained essentially unchanged from the proposed; rule,. +

except for addition of'the title " Followup Notification" and some renumbering.

This paragraph is intended to provide the NRC with timely notification when: .

(1)aneventbecomesmoreseriousand(2)additionalinformationornew ant. lyses clarify an event. . .

This paragraph also permits the NRC to maintain a continuous communications

~

channel because of the need for continuing followup information or because of ngy yrv nd telecor$unication problems.

y% r,.f V.

PAPERWORK REDUCTION ACT STATEMENT NC I The information requirementi contained in the regulation have been approved her& J by the Office of Management and Budget pursuant to the Faperwork Reduction Act, Pub.L.96-511(clearancenumber 3150-0011). N: F : , "T.w.m . .~ u 0'.....c. x ,"

bdc : kdvis.'on thde fer- Pt uof

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4rptrtin; St .ttm:nt, ;r.d oth;r 7:ictcd dec. .;nt; tier nuitted t: O!'l S e

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-C. 20;~5 fe. ;.ispeaiwi . JLpy'7 VI. REGULATORY FLEXIBILITY CERTIFICATION In accordance with the Regulatory Flexibility Act of 1980, 5 U.g.g. 605

+h;; reic (b), the Comission hereby certifies that th::: ; :;; .d ..c3 i m .c.3 will not e W -

ffpromulgated)havea.si ificant economic impact on a substantial number of

% 15 %u rd small entities. -= r-- " ":Q" 'd:nc affectselectric A utilities that are. , ,

dominant in their respective service areas and that own and operate nuclear utilization facilities licensed under Sections 103 and 104b of th'e Atomic Energy Act of 1954, as amended. The amendments clarify and modify presently existing notification requirements. Accord 1n 1 there is no new, sig#qificant

-the, ]

g ed -fril Sco e.  !

economic itnpact,qn these lice ees, nor m th licerseesfwithin t e definition vuvi Phok y Acf-f#swdfeelles"Se} ef :m:11 t air:: = : at tor & m h f:rtr L suttn  ? :f th ::..::  :::k __ ?.:t, :: '.. :. 1 Auf- irt vlAhbr isy c, h -fhe, $ mil bouss b,dr4ub fc.-th at ir 13 0- CFR Part l

C. 022, o within the Small Business Size Standards set 4 1

121.

l 1

LIST OF SUBJECTS IN 10 CFR PART 50 l 6 _ .. a w w w = = w - - - = -- w - _ _ mow sou v e v '

S R O B D D M M M O E_O_n n a n n'u m a n tr cEn a e K ' l RIEWWW W BERDM. ,

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-- - " -r-VIII REGULATORY ANALYSIS v The Commission has prepared a regulatory analysis on this regulation. The I I j rvle_. 4t5' >

analysis examines the costs and benefits of theit;c':ti U-e5 considered by the .

I

( "A

. Co. Maracted nartnne my sym4D \ copy of the regulatory analysis g 5 oAVc ission.

%2per Si.x amd c op;nh kor A. ret .

j Aat the NRC Public Document R6cm,1717 H Street, NW., Washington, D. C. Single .

l copies of the analysis may be obtained from Eric W. Weiss, Office of Inspection 1 l

I and~ Enforcement, U. S. Nuclear Regulatory Commission,' Washington, D. C. 20555f

'elephone(301)492-4973.

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2. Section 0.72isrevisektoreadasfollows: .

,3 150.72 Immediate Notification Requirement for Operating Nuclear Reactors.

hdO)Eachlicn ensedunderi50.21(b)ori op.4hp par; nuclear power reactor grom lifly C) 50.22fshall-notify the NRC Operations Centergvialthe Emergency Notification NM6h(C, (iQ System for :ny of theffollowing five t pes of events: (i)Site Area Emergency, Alert,g b@GeneralEmergency Unusual Even , and ionificant Event b ' hen making

~

v a p q qrAf h(dli o@ M is W A

notificatioMhthe lic)ensee shall i,dentify which of the five types of events is Q )7f ii the Emergency Notification System is inoperative, the being reportebh(A .. .

licensee shall make the required notifications via commercial telephone service, des yky- -%Y ~Ded

^

-cy;;) ), lade o ic,gted 191is seclips telephone Arc. s system,or any other method which will M LeiarmadepromptlytotheNRCOperationsCenter.(3) Noic? ,

%fi all nvisiott sick 4{we);J.sL-v g A c ===-. == -dasse J e< A U

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&-(-a-) EmergencyNotification.($Thelicenseeshallnotif,ytheNRCeachtime .

.A 11 .O there is initiation of the following four Eme , ency' Classes: dioH'intion of) "

ite Area Eme cy, a d General Emergency A1 Unusual Even lert j "

0 i.5 s Jo'w notifications to the NRC/g_fNJivd Qlgbe made immediately dnkr after 3 gra h N(O to the notification appropriate State or . local agencies. ,

(C)%f Unusual Event.(1)The licensee shall notify the NRC as soon as possibleI A x-and in all cases within one hour of the occurrence 6f an9 of the followino ~

(b)af'fhissecf*et:

.m n L L rep ched events if not reported under paragraph -(et[bm.

W (0 ,

g 4&) The initiation of n =h:r plant shutdown requireu by Technical Specifjcations'd (11)

'reev y.1' .

-(44- Any event or condition during operation that ,a.:t d in the nuclear power plant, including its principal safety berriers, being seriously degraded ( d hen y

WD: - chect wl oEG A&rne.f o 1 v ie. c 6 f fr ir w o r ~

j in an unantlyzed condition that[ sign ficantlyjcompromises plant sefety; in -aep condition that Es outside the design basis of the plant; or in a condition not A

governed by the plant's operating and' emergency procedures.

c Cr; h 7- hvsv4l bVC Md k' ica dbf ke.j hotj gvt., S

., , m L v . .s: -64bvo.w w . y.. en.is esa s;~;i. p m ,y4 h ob'~5 CEstes hhY Mc bbevo, ^

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l'sndtJclion r -llv 3 missin Yh^{im) i.s ns+ 4 farA//// NfJEKfDr O!#25 3

/ These Emergency Classes are addressed in N REG-0654/ FEMA-REP-1 entitled

" Criteria for Preparation and Evaluation of Radiological Emergency Response 1, Novembcr Plans and Preparedness in Support of Nuclear Power Plants" Rev Cg#55c5 1980 # "Un sual Event" as described in NUREG 0654 is now super eded by 10 CFR g4 t

50.72ttr) ). Svbmt but 1% 9 c. ha hops Y' N*N*'E T

S qt t -

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fiP7 Any natural phenomenon or other external condition that p::f an actual threat to the safety of the nuclear power plant or L...r,irr:dwiths.ite

!8 N

- personnel in the performance of duties necessary for the safe operation of

~

plant. {Ad.h*I M^den. M' Qv)-t infEmergencyCore 4 } Any event which results or should hve resul lt of a valid signal.

. Cooling System (ECCS) discharge to the vessel as a resu -

c (Y) /

f5t Any event which results in a major loss of emergency assessmenthor t%

communications capability (e.g.c significant portion of control room 4MS .tkr

% erEmergency Notification System). '

A g;)

fG)- Any event or personnel act that threatened the safety of the nuc power plant or interferM with site personnel in the performance of dut bNvents-r.4g* include necessary for the safe operation of the nuclear plant, fires, strikes by operating personnel, exclusion of personnel access due to toxic or radioactive gaseous releases. ~

(d)-fet Significant Events.(1)The licensee shall notify the NRC as f an" of the possible and in all cases, within four hours of cs the occurrencx .num or bt n/vt.

T.% mr. :

followingeventsifnotreportedunderparagraphg

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Any event'f 4eeed hilethereactorisshutdown[

c eenyedm r.d while the reactor was intion /%ould have resulted in the nuclear opera power plant, including its principal safety barriers, being sericu or in an unanalyzed condition thattsignificantivjcompromises plant safe 8 d IIc45ce'sI d rp<c.M:.v cf Ls cr Aer:m A k byuha1[ W Yl$6N*) ~~'

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i

~~

Oi s Any event that resulted in manual or automatic actuatinn of any Engineered Safety Feature (ESF), including the Reactor Protection System (RPS Actuation of an ESF, including the RPS, that result [d jfrom andpart of;the preplanned sequence during testing or; reactor operation need not be reported.

Any event or condition that alone could h prevent he fulfill-centofthesafetyfunck.ionofstr'uct'uie'sorsystemsthatareneededto:

(A).tej- Shut dom the reactor and maintain it in a safe shutdown condition; (S) .(4 )- Remove residual heat; og Control the release of radioactive material. '

4 (C.) .(.4+)e, cirxted M T M (O d) Oli) cfif.:<sec h

,(iv) eventshray-inclu5e@one or more personnel errors, equipm and/or d'iscovery of design, analysis, fabrication, and/or procedural inadequacie s Me l tin the a

[V) M) d Any radioaqtive relea3e that er -

e exceedo,k po,, tv gg, 4.,,

riote.,

g

" tg :)

con ions

~

if s bf y~ & tt}ionhentra'kence.g-(n:

vt. Ye utech hite. in e m when gn 20, averaged lbg,A over a time 3or peried s UEle. of co l A A;;:. f- 0, hiDTou d

I:/v}in unrestricted area i fp;ce one hour. M Any liquid release that ;n )Me exceedd >h.}2; the limitino com)i Kaximum Permissible Concentration (MPC) en 10 CP Pm 20, A;;;ndf x E, "et SI at the point of entry into the receiving water (i.e., unrestricttd area) for -

all radionucligjs except dissolved noble gases, when averaged over a time period of one hour, h;% Any event requiring the transport of a radioactive 1y7 conta individual to an offsite medical facility for treatment.

m , .

[7590:01]- .

[is).

M Any event or situation related to the health and safety of the public ,

or site workers, or protection of the environment a'nd for which a news release is planned or notification to other government agencies has been made. $N

- ey. An events rap. include an onsite fatality eg inadvertent release of radioactivelyg

~

contaminated materials.

(e)M Followup Notification.[i)With respect to the telephone notifications IS %c made under paragraphs , , _ , ;(;c. fd S '0)c) of this section, W _1icensee, in addition.

to making the required notification, shall during y the course of the event:

Promptly report any further degradation in the level of safety of the ,4 -

g .

f plant or other worsening plant conditions i cluding those that requir , or may descrd ed k -1 :s seck (k)%

require, init of he Er.tergency Classes [i Aif:.sec+r initiation has not tion of any

.In .{k,. evo .f f ff*c is A been previous 1 declared, e thf change from one Emergency Class to another; or(C)

Vo.n %

'g termination of the Emergency Class.

Promptly report the results of ensuing evaluations or assessments of nt conditions, the effectiveness of response or protective measures taken, and information related to plant behavior that is not understood.

M., m . -: .s c wf 1 .

, md spab he ,,

9;l4 in y Adam h W6'%

A

[7590-01]

iu),

[434 Maintain an open,~ continuous communication channel w Op'erations Center upon request by the NRC. ,

(p.& w,er,~

)DatedatWashington,D.C.,this

^

day of 198 .

For the Nuclear Regulatory Comission I

Samuel J. Chilk Secretary of the WE Comission '

+

, 4 -

244.L' ' -

M yp e, Endorm C

'c.a6)%AJr) .

4dd  : E 4'obg4164 4 4~4 4.rc Alto M..A bh 2o '

G&7s oF % n ukkur m lh;r ch<yk, Io CPC LF20

%dwb se %k0im lyrd' %S"

4 6

9

J, w c o ,os yg yo vv ~

-r ,. .i . S ed c S l s f,

~

p 9 syspk20 DOM @ fr.;'_d tarced u D'.'._m s %0.402 Rep d r o$.-Mhf or (oss o$./bsM whh, (a)NEach licensee shall report by telephone immediately after itN

' 4 delcvnine; Ykd t

.'nown t. -

has ocared;;. licennc, cay-loss or theft of licensed materia 1[in such quantities and under such circum-stances -that it appears to the licensee that a substantial hazard may result to persons in unrestricted areasd2Mt v}r ywM h M .A5 bllows .'

, .g,j ,

fit Licensees that'have an installed Emergency Notification System shall make reports to the NRC Operations Center in accordance -Section= 50.72Pof Ois CIla f W.

(10 .

,12.) All other licensees shall make reports to the Director of the' appropriate NRC Regional Office listed in Appendix D of this part. .

cph O.?-d DM s rev in Lv red;W1uws<

(b) Each licensee who is required to make a report pursuant to paragraph (a) of this section shall, within thirty (30) days after he learns of the loss or theft, make a report in writing to the U.S. Nuclear hegulatory Commission, Document Control Des.k, Washington, D.C.

.' 20555, with a copy to the appropriate NRC Regional Office listed in Appendix D of this part. The report shall include the following ,,

infomation

$ ^  :[* * * *

--A-scw peregrcp h 2nanE9)fp:ded M 'u h -

\ic% secs oie.rA%g (e) Fordnuclear f p}--

p#;t chy+eY,ower reactors licensed under parag oracetico50.2pIite^ incidents included in paragraph (b) of this section rusy .

- Sh:1F be reppr;gd in accordance with the procedures described in QMt ch ty p1vsi .

paragraph 50.73(b) an d.eil/(nelude the infomation required i par g ph (b) of this section. Ini:idents reported in accordance with ser % 50.73 Enclosure 5

~~ ,--- -

.  ; . . r ,

~

)

5

". / i

.. -2>r ,

  • ,. ,~

,. l _

~

" need not be reported byaaiduplicaterreportit;  ;;;t 0.e ceW* .o..si_ a_ -'

, J 7~ wder .,.p/ ,.

l

% paragraph (b)ofthis"yseckfon. '

~Iw420903)parkreyr(d)3M)Md/O dry.,

b ~~

N;pp 20 A0X.', :. rivised to'dd as follows:

4.

I l '52o.<1o3 NeM cer t of incideds' e ~

. c . .

g, (a) Imediate notifiqqg , Each licensee shall immediately report any incident involvi' gn Lyproduct', s,ource , or special nuclear

',- material possessed by him and which may itave caused or threatens

. . to cause: ..

,[ -

LW Expesure of the'whole body of any individual to 25 rems or

~

more of radiation; 'e'xpo'sure of the skin of the whole body of any individual of 150 rems or more .or radiation; or exposure of the feet, ankles,' hands or forearms of any individual to 375 raras or nore of radiation; W '

. .a

/@, .

-TM' The release of radioactive material in concentration which, if averaged over a period of 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />, would exceed 5,000 times the limits specified for material in Appendix By Table II of this part; [

-(+

A loss .of one working week or more of the operation of any

' facilities affected; or bd4JrF Damage to property in excess of $200,000.

~

Paragraph 20.403(b) is revised to read as follows 0$ocurrewe.

(b) Twenty-four hour _ notification.Ea N ch licensee shall within 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />sf report an9 incident involving 3 censed material possessed by himj and which may have caused or threatens to cause:

ll)

M-)- Exposure of the whole body of any individual to 5 rems or more of radiation; exposure of the skin of the whole' body of ,

7 s

_3__

'any in'dividual to 30 rems or more of-radiation; or exposure.of-the feet, ankles, hands, or forearms to 75 rems or more of radiatfort; The release of rah [ibactive material in' concentration which, -

if averaged over a period of 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />, would exceed 500 times .

the limits ipecified for material in Appendix B. Table

- II of this part;

-tift A loss of one day or more of the cperation of any facilities affected; or iv)

Damage to " property inexc'eis of $2,000, i Y 4  % >k $

6. Paragraph 20.403(d) is revised to read as follows%y thull k %dc as bNme r #ch:a, (d Sepd5 mh. b 7 licssees ;w Yupong:. b 4'jkemjs d M(1) Licensees that have an installed Emergency Notification System shall make the reports required by hragraphs (a) and (b) of' this section to the NRC Operations Center in accordance with Oe pv: S;.e
ti -50.7Ry t -ch M ;f 4ck h ,

'(2) All other licensees shall make the reports required by in paragraphr A

(a) and (b) of this section by telephone to the Director of the appropriate NRC Regional Office list'ed in Appendix D of this .

pa rt.

'~

Ar ....._g.

.. v i r> i n i xu w . _ _ _ .

QC c 0@:

s z.. w eg. a . w cy ar n i a wsin s de p a g g. g .

(a)(1)In addition to any notification required by rect % 20.403 each A uweg bh{h,9;gg oM Nc;jgyg licensee shall make a report in writ (within30 days (c occorrence.;

diation in excess of the M(CEach exposure of an 5 individual 9^"y^rh. .oto rb&;5 Pvt 4

t, applicable limits in4 20 101 orh20.104(a))or the license; 5

l~

Enclosure 5 a_ = - - - _ --. ._ _ . ._-._.

~s. . . . '. .

. .\ ._. -4 .

' . 3 ,'

.. , g.: . .

each exposure of an individ al'to radioactive material in -

7&gnk '

f the pp11 cable limits inj 20.103(a)(3), 2d.103(a)(2),

excess 4a Lii r the licerse; levels of radiation or concentrations l

, 20.104(b)fo$r ' )

of radioactive material in 'aIrestricted area in excess of any \

- - {\v

  • 1 other applicable limit in the license; any incident for -

, . 3 . ef ;s p4v)

. which notification is required byA20.40g; and 45.) levels of radiation or concentrations of radioactive material (whether or not involving excessive exposure of any individual) in an un-restricte,d , area in e,xcess of ten times any applicabla limit set forth in this part or in the license.

@)(1)ohkCSe for d

(2.) Each report required under,-e+s- paragrap 4 escribe the extent of exposure of individuals to radiation or to radioactive O) .

2 material, including stimates of each individual's exposure evels of radia-as required by paragraph (b) of this section he

' tion and concentrations of radioactive material involve ;

V)

OY) cause of the exposure;glevels y or concentrations; an fcorrective d a p od-steps taken or planned to ::;=r./g;m:t a recurrence.

N V  % &o .

>N

- aragraph 20.405(c)' is revised to read as follows) .).

(c)(1)In addition to any notification required by 20.403/ each licensee

shall make a report in writing of levels of radiation oi releases' of radioactive material in excess of limits specified by 40 CFR Part 190, " Environmental Radiation Protection Standards for Nuclear Power Operations," or in excess of license conditions related to sk:Ned 0 CFR Part 190.(1)Each report r;d -d under .*Ms-com liance with '

U)

(f) l) of M; feo hshaM describe; he extent of exposure of individuals paragraphf\ %sl g 4

~ Enclosure 5

- - - - - ~ - - - _ _ _ _ _

f. '

radiation or to radioactiv'e material;hlevels of radiation and .

F1 . .

UfD concetrations of radioactive material involved;gthe cause of the .

A liil h) ..

exposure;flevels or concentrations; andgtorrective steps'taken

~

A grewd or planned to eccen/g;;i.ut a recurrence, including the schedule

' for achieving confonnance with 40 CFR Part 190 and associated license conditions. -

'~

' . ' g(new paragraph 20305(d) is added to read as follows

\icmsees oyenken ors licensed under paragraph. 50.21(b) or ea

(.d) For/puclear e4p&pwerV TcaA eq E

, 50.22fthein dents included in paragraphs A (a) or (c) of htSek *. ]- nce with the procedures be iepb ed in o g g g go I this section.

medic lItua'"j described in paragraph 50.73(b)f and include the information l 4 d:s sec.h, L Qod o required by o r gr h a) or (c Incidents' reported -in accordance y y};j, 'e n Qc;j'M*3 with a kn 50.7 need not be reported by a duplicate report-te.

O %"b m::t the re:uir:NcrIb paragraphs (a) or (c) of this section.

'[

, b*MH Paragraph.'50.36(c)(4)j is revised to read as follows: (

l (4)(1) L c7c ees that have an installed Emergency Notification System l4e h shall make the initial notification required by paragraphs (c)(1) j (0#k oN e k and (c)(2) of this section to the NRC Operations Center in l $-t .vY.g

\y Yo# accordance with section 50.72.

'!Y N (ii) All other licensee shall"make the initial notification required

i tv by paragraphs (c)(1) and (c)(2) of this section by telephone

sT.[ p , to the Director of the appropriate NRC Regional Office listed N

hM in Appendix D of this part.

9 #

  1. C1 A new paragrap 30.36(c)(5) is added to read as follows: [- S Y

, (5) For nuclear power reactors licensed under paragraph 50.21(b) or section 50.22, the incidents included in paragraphs (c)(1),and y

l h0' o (c)(2) of this section shall also be reported in writing in accor-

- dance with the procedures described in paragraph 50.73(b). Incidents 4 N un S$_h_ :d A-o W@JL_w, s /@ l b re w m Enciosure'5 ed ay

\m.s..,e

-- a --- > gL _,

'f 5 D 9b3

f) o l

a

  • r; ported in' accordance with section 50.73~need not'be'repor.ted:ty a.

$- duplicate report to meet the requirements of paragraph (c) '

.- tit or v ,

- (c)(2) of this section. .

_ _____ w_

_ _ . . _ _ . m. __.

  • v'Sy % .13. w-.O,. .g ea G.>

evised to read as foll.p s- pp X. A .

aei3. T;73.'71 G W5 g MM 2216 F.5.go3 ,.

g g M 5' s f e 3) .l p . Each.hTensee shall report immef)ately any incident in which an attenpt l (i)

Th3er9 (e)(1)has been made[or is believed to have been madelgto commit a theft or

  1. .- * ^ -- - -

CftL ?tyh*'B unlawful diversion of special muclear material which & is licensed I 1 g;eb ~ bebtsh I (ii)to commit an act of industrial sabotage against

~h & g&

y. to possess,.org gj plant or transportation system. .

' (n -

M Licensees that hav'e'an'fnstalled Emergency Notificat.on System &)0) J' 4-shall make' the immediate notification required by '"c ' para raph f

$;S Sech%

&k0C A to the NRC Operations Center in accordance with All other licensees 11 ma e the immediate notification required

,g (9U) 's  % .

by -4M+.paragraphgy telephone to the Director of the appropriate NRC Regional Office list'ed in Appendix A of this part.

~

50. (b)

F r[c'leaI Yr reactors licensed under rapk paraft ) el- irec[iw r

g o flis cAykr qvired W be followed within or acctica 50.2g, the initial [greport [T a period of fifteen ays by a written report setting forth j .

. ~m the details of,the incident andjpreggred in accordance with the 3 oh % if frcr' h 0.73 Incidents reported procedures described in paragr

$ ot J C Gb(b . ..-

in accordance with.,sectier 50.73Aneed not be reported by a

'Ifi/c/ % '-der P I

duplicate 8' report +a - ' - ~"i # Yart 21 of this ip i

$/3 chapter or paragraph (b) of this section.re.yrel by pygrg h 6)b) be followed -

t4-)- For all other licensees, the initial repor Au within a period of fifteen (15) days by a written report norf A &

setting forth details of the incident andf submitted to the U.S. Nuclear Regulatory Commission, Document Control Desk,

. . /pt dd4o=} /.s 6 6e $est-Washington, D.C. 20555 "thgacopy/totheappropriateNRC Regional Office shown in Appendix A of this pa'rt.

Enclosure 5

~

l g nw mmo ,

N Paragraph 73.71(c) is revised to read as follows:} j a,e j h % Cmnwim 0)

Each licensee under either a specific or general likensefshall

' (C) @ '

report'any event which significantly threatens or lesse'ns the effectiveness of a physical security system as established by

~

- regulations i'n this chapter, or by the licensee's approved physical security, contingency, and security personnel qualification hncjom.T subon mii lhe rep vvf ;re.d in 74w< r It (C)(i.) o

~

e .ade within the trainingbgAq plans h(c or byc5%;3 both.(2(W,.M sach. y c;;rt 3..;;

time perioddpecifie " r!:: T.e 2 h;;r f;r "glicit A

'"c:t" TOG .;..; f r "::d:r:t: 1er: Of phy;ic;.1 pr;tc;ticr,."

li;it t"::tl~ n; dcih.;d).

Tr~o-f(%L,J:kioh S Se

%r vtpor[inAe.w{s urdwcm,(3The time'sabo 90+yrAy'Afe (4)op-g:, pe gy-mak L v I(c),Di)ind%pon beg discovery of the evYnt by any member of the secur1ty an y J.rd v d m organization 9 a*brAfh l' hi) hy o is N en M h her ebm loyee of licensee.(S)bodsbYm.nas

&sak th Wch b k lo 1 C).-(4-}- Licensees that have an installed Emergency Notification -

.r

'ano System shall make the report :quir:d by t:.:s- p rar:p l

to the NRC Operations Center in accordance with-seet4+n.

if O A,nwwCm NJ.sM L 9

' ' l <.

J.iis y

All eerr licensee hall make the report-r%.i. J ' n (th -(-2-}

pr:gr:ph by telephone to the Director of the appropriate Nuclear Regulatory Commission Inspection and Enforcement Regional Office listed in Appendix A of this part.

licwrea o@y s licensed under paragraph 50.21(b.) . . >

(yi) +3}- For[ nuclear p wg gac+

be followed within or section 50.2?p the initial report ,

a period of five (5) days by a written report setting forth the accordance with the details of the incident and prepared ioF$2rchy/c e .

procedures described in paragrapg 53 72(b . (Incidents reported j 6 or-W Chi in accordance with seet4cn.50.73 need not be reportede

-dgli::te rapn"*

VnbWte med. the requirements of p? art 21, of this chapter or paragraph (c) of this section.

i

~

Enciosure 5

r.* . . .

~

& covw k_._tm & *pA , [ ,[h)OU) o ;S hlon

(,Wh For hiicensee I, t initial report

^=s"-

be followed' "'

within a period of five 5) days by a written report ettSg- hasce:LinD-315 re-port is b k sewf' -

-fee.the details of the incident.:

.. - A d 't./vsi; l iud to the U.S. *

', Nuclear Regulatory Commiss' ion Document Qontrol Desk, A xdd:kowD.C. l co 20555.rgis b beJsed Washington,

.h,j::pytotheappropriate

~

A NRC Regional Office shown in Appen' dix A of this part.

~

bconfecJ SN rh4- -inh,in A. 4txht'/ =**='

Sep$= ;p wh;c,b

=* *= r "**c rd

' = ' = "=" r a r* -

'fv)4*+l'\' == =%;s - - '

sechio n. Ed a- s - re d:

under adivu 73.71. Licerpees need nJo Areport ji :n,gw:;;;q t ay m['

4s myir,eg Inf OO ,ProV/Sikt? of-Ot// Sec7, /* n,

/ w1icht is designated- as not reportable in their security or contingency plans.

[ .

d OC PC F

1

  1. A I

W

^

ma w - -

.r .

REGULATORY ANALYSIS OBJECTIVE The objective of the revised Immediate Notification System described in 10

.{ CFR 50.72, "Imediate Notification ~ Requirements for Operating Nuclear Reactors" is to enhance the safety of nuclear plants by providing for timely notification to the NRC should gnificant events occur at operating nuclear reactors.

- " ~-

BACKGROUND o J The existing provisions of 1 50.72 have generated (asicall) three types of problems. Oneproblemisgcertain afet significant events are not required to be reported. Asecondproblemisdcertaine are insignificant from the perspective of protecting the public health and safety,{are required -

to be reported. The third and perhaps most important problem,is that h existing reporting requirements,' are not coordinated.-uf g th ;ther cxbt-:n; ;nd r -

.f 7"4-r:nts. For example, the existing 10 CFR 50.72 overlaps with and is duplicative to some extent with the " Unusual Event" category of HUREG-0654 as well as other reporting requirements of 10 CFR.
  • NUREG-0554/ FEMA-REP-1 entitied " Criteria for Preparation and Evaluation of Radiological Emergence Response Plans and Preparedness in Sup. port of Nuclear Power Plants." Rev. 1, November, 1980.

G 1

f nou) ?N it. Ck n Y A 00fi J< et levo.m o Enclosure 4

.e .

1--

-2~- -

Tvt NNjan & YCJ0YY f n blt w h AbOV .-

4 9 ted t: the s bl.c. cf th m Ct ; c.; r;; & W t re;i-f ra pts idSD -

f:r cli-event w; :. ~ 'cty :Y;r'f 2; ::c h;,.J consideration mustjbe given to Section 201 of the Nuclear Regulatory Comission Authorization Act for Fi' scal Sear 1980(Pub.L.96-295). The intent of Congress' as expressed in that law

~

-bt was der The ComissionNtablish specific guidelines for identifying accidents A

which could result in an unplanned release of radioactivity in excess of allowable limits and to require imediate notification of these incidents. &%;3 revision of 550.72 is consisten.t wilh ihA intent of Congress as expressed in % L %29

& Sthorinticr. f.;bfo: "S : M.13.

The NRC published a proposed rule in the Federal Recister'(46 FR 81894{on December 21, 1981 f and subsequently received twenty letters of public coment. .

These letters @ public comhwe~re generally supportive of the proposed o,

revision of 10 CFR 50.72 and@ese lep were most useful in +cc..'"ng f.kL-;;$ fer the development ofb final rule.rr 59; pr;-i;;ttd.

A ALTERNATIVES "A p wide variety of regulatory alternatives httheoutsetofthisrulemakin - .

was considg0ne alternative th'at was rejected was the possibility of revising 10 CFR 50.72 without regard for coordination with other reporting

.. ~

d- requirements. The need for coordination with other provisions of 10 CFR most hn Mledim oE N^?P/Ab Afb M bb\rd lL M^./,vte notably 10 CFR 50.73,3resulted in thefpr&t =ppenc,4 1

6 he

.a new MMLER nw system (wu sdecd)-m  %

Each f the reporting criteria :;get:d a range of possible alternatives is ieeeM and each was considered carefully, usually by a comittee representin

-Qamb.y T'f'YtA @E h*4 f-the va ious elemen s frthe NR itemtee2 staff r-_?raad with in YL ll*S]theb+finformationp+hbemSuw bc cs ), ec.

h&lon::'

1 c 00\

-Trm particular reporting requirement. y l ,

f Nyg.6cscrk +k swud %bh M quh %s .

9L;r}- th AUwndava vader ,beb .nd

! n nasc ws(an,c%. m ank.m Jma!

- l .'

.f - 3'- -

Later, in response to public coments,.the need to coordinate 50.72 with

~

the overlapping " Unusual Event" category resulted in consideration of alternatives for eliminating confusion,' and overlap between these reporting requirements. , f The staff decided to explicitly incorporate criteria in 10 CFR 50.72 that woul'd l

capture such events and. supersede the definition of Unusual Event in NUREG 0654. This alternative was chosen because of the difficulty in trying to eliminate overlap and conflict between th'e definition of "significant event" as defined in 10 CFR 50.72 and " Unusual Event" as previously defined in NUREG 0654. The staff thinks the new definitions of significant event and unusual

. event reflect amore carefully considered hierarchy of safety significance.

In attempting to ~ reach a decision on the appropriate course of action for. , a the imediate notification rule move two alternatives were considered:

1. Delay the 50.72 rule while the Emergency Classes in NUREG-0654 are changed .and'50.72 is republished as a proposed rule.
2. Publish 50.72 as a final rule continuing " Unusual Events," as a class- .

of Emergency, but make the criteria consistent with 50.73. After added experience with the revised 50.72 consider the need for reclassifying " Unusual Events" as non-emergencies. .. . . . _

Alternative No. 2 keeps 50.72 revision on the same schedule with 50.73 and provides more experience with notification of state and local agencies of

" Unusual Events." The principal disadvantage is continued burden on licensees to report certain non-serious events as emergencies.

a

~

s e a A redly M f.g we,ay&up3

T g,,j w77 mud au mh o whds <

M-m k devdop M o1 ybr] WnW AE ye " & dJ;;G n

m b,ua. or yp W W"ke~,h a,s

. s : * . -

. .v:- .

.,; .o -

. s.g , .. . . . - .

.i: ' ..

, ~ .: .

- Another alternative that was adopted as a result of public coment was the

~ '

establishme)t of a 4-hour notificat' ion deadline for "significant events" that

,are slightly less significant and less urgent than those requiring a 1-hour

_. notification. deadline for " Unusual Events."

St.ill more alternative's were considered as a result of public coment, most notably changes in reporting threshold. A more detailed account of the alternatives considered .as a result..of .public coment is contained in the i Federal Register Notice for this rulemaking. ,

BENEFITS AND COSTS The NRC staff weighed the costs and benefits associated with revising 10 CFR 50.72. The optimum benefit is derived by revising both 10 CFR 50.72 and .

. +

related portions of other. reporting requirements. Accordingly, revision of 10 CFR 50.72 is being coordinated with development of 10 CFR 50.73. In addition, a number of substantive or administrative changes are being developed that will amand other sections of 10 CFR Part 50, Part 20 and Part'21.

l The value of revising 10 CFR 50.72 goes beyond dollar benefits. The

'. capability of the NRC to make timely decisions and to provide adequate assurances regarding actual or potential threats to public health and safety depends heavily on the rapidity with which significant events occurring at nuclear power power plants are communicated by nuclear power reactor licensees to NRC.

The majority of events occurring throughout the nuclear industry pose little or no serious or immediate threats to the public health and safety; however, certain events do pose such threats or generate fear or unusual concern.

- - -_ .. _ . _ , . ._ ._--_n_____

., ' t .

o  ;. .

,._ r.

NRC has an important obligation to collect facts quickly and accurately about significant events, assess the facts, take necessary action, and . inform the public about the extent of the threat, if any, to public health and safety.

Not only must NRC act promptly to prevent or minimize possible injury to the ,

public, it must also take appropriate action to alleviate fear or concern created as a result of such events.

The staff expects that there will be little significant additional costs to the NRC or to licensees associated with the effective rule changes, however.

the staff would like to point out the costs that have been associated with establishing and implementing a " prompt notification system." These costs are 6 man-years per year of NRC staff effort for manning the telephones for notification ,,

and $1.5 million per year for dedicated telephone lines to each operating comercial power reactor facility.

Other Government Acencies Improvements to the immediate notification requirements would contribute .

to improve'd State and local emergency response around nuclear power reactors.

Applicant agencies (e.g., TVA, DOE) would be affected as presented under Section 1.3.3 below. _

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(m There should be little additional cost to the industry associated with Industry ir.plementing the final rule changes additional to those incurred in order to I

ccmply with NRC's emergency preparedness regulations.

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increased confidence that'the 'h'ealth and safety of the public would be protected during' a radiological emergency because the State and local governments would',. .

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Decision on the Action Since the final. rule reflects many of public comments and is generally .l recognized by the public and the NRC as in the best interest of public health and safety, the final rule changes should be published in the Federal Reoister to become effective within 60 days of th'e date of pub 1ication.

SPECIFICATION OF CRITERIA .

It is generally recognized that the revision of 10 CFR 50.72 constitutes a significant improvement over the existing regulation. Even without making the many changes to the proposed rule suggested by public comment, a number of letters of public coments found the revised 50.72 to be an improvement. The changes adopted for promulgation in the final ruie reflect many changes recomended by public conrnent. ,

The revised 50.72 should be a substantial improvement in terms of:

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Clarity .

The final rule clearly and explicitly includes reporting criteria for

" Unusual Events" that were previously defined in NUREG-0654. The proposed rule required the licensee to notify the' NRC when an " Unusual Event" was declared ih m io n.

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but the actual reporting criteria for " Unusual Events" were not stated in the

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proposed rule itself. By including the " Unusual Event" criteria in the. final; rule, the clarity and legal basis for reporting are improved.

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The order ,of the criteria in the final rule has changed from that in the proposed rule. By reorganization the criteria, Unusual Event criteria can be

. included, and improvements can be made in consistency between similar criteria in 10 CFR 50.73.

Consistency The final rule incorporates many of 'the same types of reporting criteria 4 used in 10 CFR 50.73. ,

4 Reoort timing Both the proposed and final rules incorporate a provision that requires them to notify the NRC "as soon as possible and in all cases within one hour of the occurrence." In addition, the final rule incorporates a provision for reporting some occurrences within 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> instead of 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br />. This is permitted because occurrences satisfying some of the criteria reflect less serious or less imediate safety significance. The 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> reports are covered by Section b " Unusual Event" or the final rule and the 4 hour4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> reports are covered by Section c "Significant Event" of the final rule.

FINAL DECISION Based on the comments received on the proposed rule, and. its own assessment of the impact of this rule, the staff has concluded that the revised 10 CFR

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50.72 will: (1) not place an unaccepta'ble burden on the licensees, (2) have

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significant safety benefits for the public, (3) re' duce reporting burden on licensees, (4) increase the effectiveness of the Imediate Notification System.

Therefore, the staff concludes that 10 CFR 50.'72 rule should be promulgat'ed.

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