ML20216D524
| ML20216D524 | |
| Person / Time | |
|---|---|
| Issue date: | 04/13/1998 |
| From: | Congel F NRC OFFICE FOR ANALYSIS & EVALUATION OF OPERATIONAL DATA (AEOD) |
| To: | Baughman B Federal Emergency Management Agency |
| References | |
| NUDOCS 9804150333 | |
| Download: ML20216D524 (7) | |
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Apri1 13, 1998 Mr. Bruce P. Baughman, Director Operations and Planning Division Response and Recovery Directorate Federal Emergency Management Agency 500 C Street, SW Washington, DC 20472
Dear Mr. Baughman:
This letter is in response to your memorandum of March 9,1998, requesting comments on the second draft of the Federal Response Plan (FRP). We have two major concerns that must be addressed before we can recommend to the Chairman of the Nuclear Regulatory Commission (NRC) that she sign the letter of agreement.
The first major concein is that the draft FRP does not address the interrelationshi9 between a FRP response and a simultaneous response under the Federal Radiological Emargency Response Plan (FRERP). In particular, we feel that the FRP should, at a midaum, clearly state the following concepts drawn from the FRERP:
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a)
As part of its pre-deployment authority FEMA will support the Lead Federal Agency (LFA) by coordinating the non-radiological component of the FRERP response using the structure of the FRP.
b)
Following a Stafford Act declaration the coordination of the radiological response remains with the LFA.
c) in the event of an FRP response concurrent with a radiological emergency, all FRP components (e.g., liaison at state EOC) will be coordinated with the LFA prior to deployment.
d)
The LFA will be the Federal source o' 'nformation regarding on-site conditions, off-site radiological assessments and protective acticas during a radiological emergency.
This concem can be addresseri by adding the text in Enclosure 1 to Section I.C, National Disaster Frame Work of the FRP Basic Plan. This enclosure was, for the most part, extracted from the FRERP. This concem could also be addressed by the inclusion of a Radiological incident Annex in the plan if one can be coordinated among the LFAs prior to FRP publication.
Our second major concem is that the " Terrorism Incident Annex" states that "the Department of Energy (DOE) will activate nuclear response capabilities to support Federal response to acts of
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nuclear /WMD terrorism." This is not consistent with PPD-39, the NRC MOU with the FBI, or the FRERP. At the direction of Congress, following the TMI accident, the NRC developed an
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B. P. Baughman extensive response program designed to promptly initiate a coordinated Federal response to any emergency (including terrorism) involving a facility or material licensed by the NRC or an Agreement State. Accordingly, the NRC will respond immediately to any emergency involving a facility or materiallicensed by the NRC or an Agreement State. Interposing DOE in this process could delay and confuse the Federal response. In tact, the recent NRC, DOE, and FBI response to the theft of licensed material in North Carolina was coordinated by NRC using the FRERP.
The Terrorism incident Annex also describes FEMA as the lead agency for consequence management without recognizing the role of the LFA responding under the FRERP.
The Terrorism Incident Annex must be revised, at a minimum, to clearly indicate that in the event of an act of terrorism against a facility or materiallicensed by the NRC or an Agreement State, the following actions must be taken:
a)
The NRC will provide the technical assistance to the FBI and coordinate the Federal radiological response using the FRERP.
b)
During the consequence phase of the response, the NRC will coordinate the radiological response using the FRERP. contains detailed comments on the annexes of the FRP Second Draft.
Please contact Thomas McKenna of my staff via phone (301-415-6073), or e-mail (tjm2@nrc. gov) if you have any questions or comments.
Sincerely, w Z a,
.,1 Frank J. Congel, Director incident Response Division Office for Analysis and Evaluation of Operational Data
Enclosures:
As stated Distribution:
AEOD R/F IRD R/F ER R/F File Center. Public TMartin AThadani RBarrett SRubin
>lSK/ DOCUMENT NAME: A:\\FRP4-98.COM
- See previous concurrences Fo remlve a cop f. Indicate "C" = Copy w/o attachment / enclosure:"A* a Copy with attachment / enclosure: *N' = No cop r. NO MARK = NO COPYi OFC IRD:AEOD IRD:AEOD D:lRD:AEOD
/d TEE TJMcKenna RTHogan FJCongel DATE 04/09/98*
04/09/98*
04//0 /98 N
OFFICIAL RECORD COPY g
hot
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1 Insert for Basic FRP Section I.C, National Disaster Frame Work j
The Federal Radiological Emergency Response Plan (FRERP) detaib the Federal response to 3
peacetime radiological emergencies. The FRERP response is led and cooroinated by the Lead Federal Agency (LFA). The LFA is the agency that owns, authonzes, regulates, or is otherwise deemed responsible for the facility or radiological activity causing the emergency.
Without a Stafford Act Declaration, Federal agencies will respond to radiological emergencies using the FRERP, each agency in accordance with existing statutory authorities and funding resources. Before a declaration, the LFA has responsibility for coordination of the overall Federal response to the emergency. As part of its pre-deployment authority, FEMA will coordinate the non-radiological support of a FRERP response using the structure of the FRP.
With a Stafford Act declaration, the responsibilities of the agencies conducting radiological functions remain the same with the LFA coordinating the radiological response with the FCO.
f in the event of an FRP response coincident with a radiological emergency, all FRP components (e.g., liaison at state EOC) will coordinated with the LFA prior to deployment. The LFA will be the Federal source of information regarding on-site conditions, off-site radiological assessments and protective actions during a radiological emergency.
s Detailed Comments on Draft FRP Annexes Emeroency Sunoort Function #5. Information and Plannina Annex. Draft. March 2.1998 1.
. Page ESF#5-4, Section B-1, "Bs. sic Org,anizational Structure for the ROC or DFO."
Revise this section to indicate that the status reports of the agencies leading Federal efforts under other plans (e.g., FRERP) will be used to describe these efforts in the SITREPs.
2.
Page ESF#5-5, Section B-1, " Basic Organizational Structure for the ROC or DFO."
Revise paragraph "d" of this section to indicate, for radiological emergencies, that the LFA will be the source of information regarding on-site conditions, off-site radiological -
assessment and protective actions.
3.
Page ESF#5-7, Section B-2, " Basic ESF Organization." Revise paragraph "b" of this section to indicate that the status reports of the Federal agencies leading Federal efforts under other plans (e.g., FRERP) will be used to describe these efforts in the SITREPs J
4.
Page ESF#5-7, Section C-1," Initial Actions." Add:
c.
Agencies responding under other Federal plans (e.g., FRERP) may have responsibility to develop assessments of potential or actual consequences of an emergency (possibly prior to a declaration). For radiological emergencies, the LFA under the FRERP will be the Federal source of information regarding on-site conditions, off-site radiological assessment and protective actions.
5.
Page ESF # 5-10,Section V Responsibilities: Add:
D.
Lead Federal Agencies Agencies leading the Federal response under other Federal plans (e.g., FRERP) may have responsibility to develop assessments of potential or actual consequences of an emergency (possibly prior to a declaration).
Emeroency Suooort Function #10. Hazardous Materials Annex Draft. March 2,1998 1.
Page ESF# 10-6,Section I.B " Planning Assumptions" Add:
12:
When a discharge or release involves radioactive material, the Federal response will be consistent with the Federal Radiological Emergency Response Pbn (FRERP), The FRERP response is coordinated by the Lead Federal Agency l-(LFA). The LFA is the agency that owns, authorizes, regulates, or is otherwise
. deemed responsible for the facility or radiological activity causing the emergency.
2 2.~
Page ESF # 10-16, Section 11, Nuclear Regulatory Commission, replace text with:
I' The NRC will coordinate the Federal effort to mitigate the radiological consequences of an emergency involving a facility or material licensed by the NRC or an Agreement State in accordance with the FRERP. The NRC and OSC for the National Oil and Hazardous l
Substances Pollution Contingency Plan (NCP) will coordinate their response to an l'
emergency involving both a radiological and chemical release in accordance with joint j'
NRC/ EPA implementing procedures.
Emeroency Supoort Function #12. Enerav Annex. Draft.- March 2.1998 i
Page ESF # 12-5 Section 7. Nuclear Regulatory Commission, delete item 'b".
1.
Recoverv Function Draft. March 2.1998 l
1.
The annex has a considerable amount of information not related to a response, such as, l
descriptions of the programs that should be in place before a disaster. This material i
~ should be removed to make the annex a more effective response tool.
l 2.
Page RF-21, for the Price-Anderson Act replace NRC under " Agency' with "For l
Commercial Nuclear Power Plants, American Nuclear insurers (ANI) and the Nuclear Regulatory Commission" also revise the table to indicate that Price Anderson Act also applies to some DOE facilities and in these cases the " agency" would be DOE.
l.
l-Occupational Safety and Health Suooort Annex Draft. March 2.1990 1.
Page SH-4 Section A, Phase 1: Pre-Deployment, add to item 3. No personnel will be l-deployed to the scene'of a emergency until the Disaster Safety Officer (DSO) has coordinated personnel protection with those agencies leading a response under another
. plan (e.g., FRERP.and NCP) that may involve a response to hazardous materials.
l Terrorism Annex Draft. March 2.1998 1,
Page TI-2, Section a, " Lead Agency Responsibilities": Revise this section to clearly state that for technical or specialized responses to incidents addressed by other Federal plans l
(e.g.; FRERP), FBI will rely on the agencies identified in these plans to provide technical assistance. This is consistent with Figure 2.-
2.
. Page TI-3, Section B, " Consequence Management": Revise this section to clearly state
.that the NRC will coordinate the radiological response using the FRERP for incidents involving a facility or material licensed by the NRC or an Agreement State.
' 3.
Page TI-5,Section IV a, " Crisis Management": Revise this section to clearly state that for technical or specialized responses to incidents addressed by other Federal plans (e.g., FRERP), FBI will rely on the agencies identified in these plans to provide technical assistance.
3 4.
Page TI-7,Section IV B, " Consequence Management": Revise this section to clearly state that the NRC will coordinate the radiological response using the FRERP for incidents involving a facility or material licensed by the NRC or an Agreement State.
5.
Page TI-12, Section C, " Federal Agencies Supporting Technical Operations":
1)
Revise the section to make it clear that DOE activates ths response only for WMD terrorism.
2)
Revised the section to remove DOE as an intermediatory between the FBI and NRC for acts of terrorism against a facility or involving material licensed by the NRC or an Agreement State. Clearly indicate that in the event of an act of-terrorism against a facility or materiallicensed by the NRC or an Agreement State that the NRC will provide the technical assistance to the FBI and coordinate the Federal radiological response using the FRERP. This could be accomplished by adding a sub-section entitled " Lead Federal Agencies under the FRERP." In this section state that the FBI will rely on the LFA for technical advice and coordination of the radiological response to an act of terrorism against facilities, l
material or transport in accordance with the FRERP. This section should also l-summarize the responsibilities of the LFA and list the LFAs (e.g., include FRERP Table ll-1).
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l
9.
B. P. Baughman - extensive response program designed to promptly initiate a coordinated Federal response to.
any emergency (including terrorism) involving a facility or material licensed by the NRC or an l
.- Agreement State. Accordingly, the NRC will respond immediately to any emergency involving a facility or material licensed by the NRC or an Agreement State. Interposing DOE in this process could. delay and confuse the Federal response. In fact, the recent NRC, DOE, and FBI response to the theft of licensed material in North Carolina was coordinated by NRC using the FRERP.
The Terrorism incident Annex also describes FEMA as the lead agency for consequence management without recognizing the role of the LFA responding under the FRERP.
p The Terrorism incident Annex must be revised, at a minimum, to clearly indicate that in the event of an act of terrorism against a facility or material licensed by the NRC or an Agreement State, the following actions must be taken:
a)
The NRC will provide LS technical assistance to the FBI and coordinate the Federal radb!cgblit >eonse using the FRERP.
b)
During the consequence phase of the response, the NRC will coordinate the radiological response using the FRERP. contains detailed comments on the annexes of the FRP Second Draft.
Please contact Thomas McKenna of my staff via phone (301-415-6073), or e-mail
- (tjm2@nrc. gov) if you have any questions or comments.
Sincerely, aw:,,o.,
Frank J. Congel, Director Incident Response Division Office for Analysis and Evaluation of Operational Data
Enclosures:
As stated i
4 Distribution:
AEOD R/F 1RD R/F ER R/F File Center Public TMartin l
- AThadani RBarrett SRubin iDISM/ DOCUMENT NAME: A:\\FRP4-98.COM
- See previous concurrences w own.capunee.w c copywo n. chm.nv.neo
- w cm we en chm.nu.ndo v-Nocopt NO WM NO COPW H
OFCL lRD:AEOD IRD:AEOD 0:lRD:AEOD d
NAME TJMcKenna RTHogan FJCongel M,
DATE 04/09/98*I 04/09/98*
04/10 /98 N
OFFICIAL RECORD COPY MatiM