ML20237D502

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Forwards IE Proposed Rewording of Huckaby Nuclear Data Link Bill Re NRC Emergency Response Data Sys Act of 1986.Rev Coordinated W/Oeld.Nrr Provided Opportunity to Comment on Bill
ML20237D502
Person / Time
Issue date: 07/10/1986
From: Taylor J
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE)
To: Stello V
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
Shared Package
ML20235G519 List: ... further results
References
FOIA-87-737 NUDOCS 8712230306
Download: ML20237D502 (15)
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MEMORANDUM FOR:

Victor Stello,'Jr.

Executive Director for Operations FROM:

James M.' Taylor, Director Office of Inspection and Enforcement

SUBJECT:

CONGRESSMAN HUCKABY'S NUCLEAR DATA LINK BILL l

The enclosed is our proposed rewording of.the subject bill. The under-lined text indicates a change from the original. The revision has been coordi-nated with ELD, and NRR was provided an opportunity to comment on it.

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,Ja~mes M. Jaylor, Di rector 7' Office of In ection and Enforcement

Enclosure:

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i SECTION 1.

SHORT TITLE i

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This Act may be cited as the "NRC Emergency Response Data System Act of 1986".

SECTION 2. EMERGENCY RESPONSE PROGRAM (a) ESTABLISHMENT - There is established within the Nuclear Regulatory Commission, an Emergency Response Program, i

(b) LOCATION - The Program Staff shall be located in close proximity with the Nuclear Regulatory Commission's Headquarters Operations Center.

I SECTION 3. FUNCTIONS-

, sing /e m fr.a s tesk (a) SYSTEM DEVELOPMENT - The Program Staff, in additi to prompt screening of operating events and other responsi#ilities which may be determined by the Commission, shall establish adsystem for providing

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the NRCfwith the data needed to perfonn the agency's incident response role in an emergency at a commercial nuclear power reactor.

i The system shall include automatic electronic data transmission for j

use in the event of an emergency at a commercial nuclear power reactor in accordance with subsection (b) and (c).

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(b) DATA TRANSMISSION - The operator of each commercial nuclear power reactor licensed under Section 103 or 104b. of the Atomic Energy Act of 1954 [42 U.S.C. 2133 or 2134(b)] shall, upon declaration of an Emergency Class'of Alert, Site Area Emergency, or General Emergency-as specified in the licensee's approved Emergency Plan or upon request by the NRC Operations Center, transmit data, by automatic electronic means, to the NRC Operations Center to assist NRC to determine:

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(1) the severity of the abnormal condition of such reactor;

'l (2) the actions ilecessary to mitigate any offsite consequences of the event; alid j

(3) whether appropriate recommendations are being made with respect to offsite radiological protective actions.

(c) INCIDENT RESPONSE - The program' staff shall assure the capabilities of the NRC to carryout the agency's incident response role as defined, to include--

(1) MONITORING - The NRC response personnel shall, in an i

emergency as described in subsection (b), contemporaneously 4

and continuously monitor the data transmitted by operators of commercial nuclear power reactors under' subsection (b).

(2) ASSESS AND SUPPORT -

3 (A) IN GENERAL - The NRC response personnel shall, in an emergency as described in subsection (b)--

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(1) assess the abnormal operating conditions-in

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such reactors; (2) assess the appropriate recommended protective action to minimize any offsite consequences of the event; and

.(3) support the licensee b'y providing suggestions

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and recommendations on (1) and (2) above.

(B) SPECIFICALLY 'The NRC personnel will maintain knowledge of accident status to assess adequacy of licensee actions to mitigate consequences and recommend protective actions.

(C) LIMITATION - Program staff shall have no authority to

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relieve the operator of the commercial nuclear' power reactor of responsibility to maintain his reactor in a safe operating condition.

(d) PLANT SPECIFIC INFORMATION - The operator of each commercial nuclear power reactor shall provide to the Commission the information reouired to evaluate the data transmitted in accordance with subsection (b).

SECTION 4 PERSONNEL 1

(a) QUALIFICATIONS - NRC response' personnel shall have the-training and j

expertise necessary to perform the functions described in Section 3.

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(b) FIELD WORK - (part deleted)-

SECTION 5.

FUNDING (a) Nuclear Regulatory Commission - Except as provided in subsection (b),

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and to the extent provided in Appropriation Acts, the Nuclear'Regula-3 l

tory Commission shall pay all costs associated with the data trans-'

l mission functions described in Section 3.

i (b) EMERGENCY RESPONSE DATA SYSTEM FUND -

(1) ESTABLISHMENT - There is established in the Treasury a special i

fund to be known as the Emergency Response Data System Fund (in this subsection referred to as the " Fund"). The Fund shall be available to the Nuclear Regulatory Commission without fiscal year limitation and in such amounts as may be specified in appropriation Acts for the purpose of compensating the Nuclear Regulatory Commission for costs incurred in the installation or operation, or both, of the data transmission system described.in l

Section 3 at commercial nuclear power reactor sites.

l (2) PAYMENTS BY LICENSEES - Each commercial nuclear power licensee of the Nuclear Regulatory Commission under Section 103 or 104b.

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of the Atomic Energy Act of 1954 [42 U.S.C. 2133 or 2134 (b)]-

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shall pay into the Fund each fiscal year an amount determined by I

the Nuclear Regulatory Comission to be attributable to the costs of-the installation or operation, or both. of such data transmission system at a commercial nuclear power reactor facility of such licensee in such fiscal year.

i SECTION 6.

DEFINITIONS As used in this Act-(1) " commercial nuclear power reactor" means any. commercial nuclear power reactor licensed by the Nuclear Regulatory Comission under Sections 103 or 104b. of the Atomic Energy Act of 1954 [42 U.S.C.2133or2134(b)].

(2) " Program" means the Emergency Response Program established under Section 2.

SECTION 7. COMMENCEMENT OF OPERATION The data transmission capability described in Section 3 shall be opera-tional no later than three years after the date of the enactment of this Act.

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SECTION 1. SHORT TITLE.

This Act may be cited as the "NRC Emergency Response Data System Act of 1986".

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SEC. 2. 3Ne&D9NT RESPONSE PROGRAM %

(a) ESTABLISHMENT.-There is established within the Nuclear

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I, - w.. o Regulatory Commission,, an Insident Response Program O M LOCATION.-The,,;O" ice &

ris-ro n s 1 be located in close proximity with /,d (b) the Nuclear Regulatory Commission's Headquarters Operations Center.

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FUNCTIONS.

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(er)-SYSTEM DEVELOPMENT.Theb046ese, in addition toa other Ov f,ww

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"~~y~ ~ ~respoiisilfiiities' which may-be#determitied Sy"Ihe Commission, shall establish a system for providing the NRC with the data needed to perform the agency incie.t response role in an emergency at a commercial nuclear power reactor. The system shall include automatic electronic data transmission for use in the event of an emergency at a commercial nuclear power reactor in accordance with subsection (b) and (c).

(b) DATA TRANSMISSION.-The operator of each commercial nuclear power reactor licensed under section 103 or 104 b. of the Atomic Energy i

Act of 1954 (as amended?) (42 U.S.C.

2133 or 2134(b)) shall, upon declaration of an Emergency Class of Alert, Site Area Emergency, or i

General Emergency as specified in the licensees approved Emergency Plan

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or as-recired to test thic f r-transmit, by automatic electronic

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s e means, to the NRC Operations Center en data neeseensy to determine--

j (1) the severity of the abnormal condition of such reactor; I

s>g (2) the actions necessary to mitigate t$re offsite consequences of the event; and 1

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I (3) whether appropriate recommendations are being made with j

t respect to offsite radiological protective actions.

(c) INCIDENT RESPONSE.-The Office shall assure the capabilities of I

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the NRC to carry out the agency incident response role as defined, to include--

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..a (1) MONITORING.-The NRC Operations Center personnel shall f

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fcontemporaneouslyandcontinuouslymonitorthedatatransmittedby operators of commercial nuclear power reactors under subsection Aw W.h (2) ADVISING.-

i (A) IN GENERAL.-The NRC Operations Center personnel shall

' advise the operators of commercial nuclear power reactors on--

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(2)j(theappropriaterecommendedprotectiveactionto e.,,^4,,

  • ,, e minimize the offsite consequences of the event.

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($)( LIMITATION. -Of fic; ;;;5 cenncl shall have no authority to-

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relieve the operator of the commercial nuclear power reactor of responsibility to maintain his reactor in a safe operating j

condition.

(d) PLANT SPECIFIC INFORMATION-The operator of each commercial nuclear power reactor shall provide to the Commission the information required to evaluate the data transmitted in accordance with subsection (b).

SEC.

4. PERSONNEL.

(a) QUALIFICATIONS.-NRC response personnel shall have the training t

and expertise necessary to perform the functions described in section

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s (b) FIELD WORK.-

(part deleted)

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5. FUNDING.

(a) NUCLEAR REGULATORY COMMISSION.-Except as provided in subsection (b), and to the extent provided in appropriation Acts, the Nuclear Regulatory Commission shall pay all costs associated with the data transmission functions described in section 3.

(b) EMERGENCY RESPONSE DATA SYSTEM FUND.-

(1) ESTABLISHMENT.-There is established in the Treasury a' special fund to be known as the Emergency Response Data System Fund (in this subsection referred to as the " Fund"). The Fund shall be available to the Nuclear Regulatory Commission without fiscal year limitation and in such amounts as may be specified in appropriation Acts for the purpose of compensating the Nuclear Regulatory Commission for costs incurred in the installation or operation, or both, of the data transmission system described in section 3 at l

commercial nuclear power reactor sites.

(2) PAYMENTS BY LICENSEES.-Each commercial nuclear power licensee of the Nuclear Regulatory Commission under section 103 or i

104 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2133 or 2134(b))

shall pay into the Fund each fiscal year an amount determined by the Nuclear Regulatory Commission to be attributable to the costs of the installation or operation, or both, of such data l

l transmission system at a commercial nuclear power reactor facility

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of such licensee in such fiscal year.

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I SEC.

6.

DEFINITIONS.

As used in this Act-(1) " commercial nuclear power reactor" means any commercial nuclear power reactor licensed by the Nuclear Regulatory Commission under sections 103 or 104b. of the Atomic Energy Act of 1954 (42 U.S.C. 2133 or 2134(b)).

(2) " Office" means the Incident Response Program Office established under section 2.

SEC. 7.

COMMENCEMENT OF OPERATION.

The data transmission capability described in section 3 shall be operational not later than 3 years after the date of the enactment of this Act.

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within the Nuclear Reculatcry Commission.

IN THE HOUSE OF REPRESENTATIVES' 19 inun encam's Mr. nUCKABY. introduced the following bill; which was referred to i

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Be it cmcted by the Senate and House of Representatives of the' United f

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SECTION :1. S110RT TITLE..

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e This Actimay be cited asithe [' Nuclear Data Link Act of 2

3 1986.

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4 SEC. 2.,NoCLEAR DATA LINK OFFICE.

=i ESTABLISHMENT.--There is established within ped q,

5 (a) enos sys+em

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(b) LOCATION.--The Office shall be located at the Nuclear in the Regulatory Commission Operations Center -1.; = thcada, 8

9 State of Maryland.

10 SEC. 3. FUNCTIONS.

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3 11 (a).$YSTEM: DEVELOPMENT. -The Of fice shall establish a 6

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data transmission system capable of monitoring the operation <se 12

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13 of commercial nuclear. power reactors in accordance with o

14 subsections (b) and (c).

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T 15 (b) DAT A TRANSMISSION.--The operator of each com:ner 'al/.-

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15 nuclear power reactor licensediunder section 103 or 104 d of l

ss *~m * ~o re 17 the Atomic Energy Act of 19544(42 U.S.C. 2133 or 2134(b))

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l 13 shall transmit to the Of fice all ' data necessary to

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19 determine--

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20 (1) the operational state of such reactor; $

21 (2) whether such reactor.is in a normal or abnormal

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23 (3) the actions:necessary to restore any such s +=

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24 abnormally operating reactor to a.normat,4cndition, ys 25 (c) men u vRiG.--The Of fice shall contemporaneously and l

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p e p < e-continuously. monitor, on a 24-Hout per day basis, the. data 1

transmitted,by operators of commercial nuclear pover reactors 2

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( d ) ADV ' O ! ',' C ! --

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(1) IN GENERAL..-Office sha11' advise the operators of I,6 commercial.,nucleaJ powerireactors on--

7 (A) the assessmant of abnormal operating 8

conditions in such'rt.hictors; and Cs--*-+'r 4*-*-

9 (B) the appropnate action to restore an 6-*2.*r:a/a.'.'.ad J

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10 abnormally Geratine reactor to normal operating I

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12 (2) LIMtTAT10N.--office personnel shall have M l

13 authst:.tf to direct the operators of commercial nuclear pctuer reactora to take actions in accordince with any

.1 14 13 advice provided under paragraph (1).

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1 17 (a) QUALIFICATIONS. -Office personnel shall have the m

19 training anC es.pertise necessary to perform the f unctions,

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19 described 8.y secr.icn 3.

s 20 (b) FIELD WORK.--Of fice personnel. shall spond such time 21 as the Nuclear Regulatory Commission determines to be 1

22 necessary at such commercial nuclear power reactors as the 23 Coeurission determines to be appropriate

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24 SEC. 5.

TUNDING.

25 (a) NUCLEAR REGULATORY COMMISSION.--Except:as provided in g

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e subsect. ion (b),.and:to the extent provided in appropriation 1

Acts,.the Nuclear Regulatory.commissien shall payiall costs 2

i associated with the nuclear data transmission functions 3

ddscribed in.section 3.

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NUCLEAR DATA TRANSMISSION FuNo.--

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.(1) Es:ABLISHMENT.--There is established in the 7

Treasury a special fund to be known as the Nuclear Data Transmission Fund (in tais subsection referred to as the 8

Fund').1The Fund shall be available to the Nuclear 9

10 Regulatory'Connicsion without fiscal year limitation and-in such amounts as may be specified in appropriation Acts 11 for;the purpose of compensating the Nuclear Regdlatory 12 13 Commission for cocts incurred in the installation or 14 operation, or both, of the data transmission' system 15 described in section 3 at commercial nuclear power 16 reactor sites.

17 (2) PAYMENTS BY LICENSEES.--Each commercial nuclear 18 power licensee of the Nuclear Regulatory Commission under 19 section 103 or 104 b. of the Atomic Energy Act of 1754' 20 (42 U.S.C. 2133 or 2134(b)) shall pay into the Fund each 21 fiscal year an amount determined by the Nuclear 22 Regulatory Commission to be attributable to the costs of i

23 the installation or: operation, or both, of sumh data 24 transmission systec at a commercial.nucimar power reactor f

25 facility of suc5 licensee in such fiscal yea..

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5 1 SEC. 6. : DEFINITIONS.

2 As used in this Act- -

commercial nuclear power reactorImeans any 3

(1) commercial nuclear power. reactor licensed by'the Nuclear.

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Regulatory Commission under sections 103 or 104 b.

of the

-6 Atomic Energy Act of 1954 (42 U.S.C. 2133 or 2134(b)).!

'I means the Nuclear Data Link Office 7

(2) Off!:0 8

established under sect-lon 2.

9 SEC. 7. COMMENCEMENT OF OPERATION.

The: C.r data transmission capability described in 10 11 section 3 shall be operational. net later than 3 pears after 12 the date of the enactment of this Act.

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ENCLOSURE 1 F.

ERDS -- OHIO EERT -- 1 1.

Memorandum for H. R. Denton from E. L. Jordan, dated July 7,1987; subject: Meeting with Representatives of the Ohio Emergency Evacuation Review Team Working Group Subcommittee.

2.

Letter for J. B. Hickman from D. D. Hulbert, Emergency Planning Super-visor for Cleveland Electric Illuminating Company, dated May 12, 1987.

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