ML20245A631
Text
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- A 2 3 381 MEMORANDUM FOR:
Thomas A. Rehm, Assistant for Operations Office of the Executive Director for Operations i
FROM:
Edward L. Jordan, Director Office for Analysis and Evaluation of Operational Data
SUBJECT:
H.R. 1570 -- THE NUCLEAR POWER EMERGENCY RESPONSE DATA SYSTEM ACT'0F 1987 As requested, enclosed are AE00 comments on the subject bill for inclusion as part of the testimony to Representative Udall.
I believe that the Emergency Response Data System proposed by.this bill is very important to improving our incident response capability and I will provide any support needed to encourage the passage of the bill.
eriginal signed Wt g I. Esitasse. 32=
Edward L. Jordan, Director 2
Office for Analysis and Evaluation of Operational Data
Enclosure:
AE00 Comments on H.R. 1570 i
Distribution:
V. Stello, EDO J. M. Taylor, EDRO T. E. Murley, NRR H. L. Thompson, NMSS W. C. Parler, OGC i
J. P. Murray, OGC E. L. Jordan, AE00 C. J. Heltemes, AE00 K. E. Perkins, AEOD R. F. Priebe, AE00 J. B. Hickman, AE00 EDO Reading File (002777)
AEOD Reading File (87-63)
. hi b' IRB Reading File L
00AR/F(w/ enc 1)
- See previo concurNces.
OFC :IRB:00A: AE00 :IRB:00A: AE00 :C:IR 0A..f..EOD:D:00A:
D :00:AE00
- D:AE0D r...___.
i NAME :JB Hickman
- RF Priebe
- KE Pe kins
- RL Sp sard :C Itemes :
ordan :
t______....
DATE$04/22/87fm1$04/22/87 04/12 /87
$04/J3/87 04bv/87
$044l3/87 0FFICIAL RECORD COPY 7yo5alo//3 M w
MEMORANDUM FOR:
Thomas A. Rehm, Assistant for Operations
(
Office of the Executive Director for Operations FROM:
Edward L. Jordan, Director Office for Analysis and Evaluation of Operational Data
SUBJECT:
H.R. 1570 -- THE NUCLEAR POWER EMERGENCY RESPONSE DATA SYSTEM ACT OF 1987 As requested, enclosed are AE00 comments on the subject bill for l
inclusion as part of the testimony to Representative Udall.
I believe that the Emergency Response Data System proposed by this bill is-very important to improving our incident response capability and will provide i
any support needed to encourage the passage of the bill.
Edward L. Jordan, Director Office for Analysis and Evaluation of Operational Data 1
l
Enclosure:
AEOD Comments on Subject Bill l
Distribution:
V. Stello, E00 l
J. M. Taylor, EDR0 T. E. Murley, NRR H. L. Thompson, HMSS W. C. Parler, OGC J. P. Murray, 0GC E. L. Jordan, AE00 C. J. Heltemes, AE00 K. E. Perkins, AE00 R. F. Priebe, AE00 J. B. Hickman, AE00 EDO Reading File (002777)
AE00 Reading File (87-63)
IRB Reading File 0FC
- lRB:00A AE00 :IRB:00A 00 :C:lRB:00A: AE0D :0:00A: AE00 :DD:AE00
- D:AE00 L
i t
NAME Hic kman
- RF P -
e
- KE Perkins
- RL Spessard :CJ Heltemes :EL Jordan l
DATE :04/sA/87 fm1 :04/;'787
- 04/ /87
- 04/ /87
- 04/ /87
- 04/ /87 0FFICIAL RECORD COPY l
AE00 Comments on H.R. 1570 -- Nuclear Power Emergency Response Data System Act of 1987 Legislative proposal, H.R.1570, would require implementation of an Emergency Response Data System (ERDS).
The ERDS concept is a direct electronic transmis-sion of selected parameters from nuclear power reactor licensees' electronic data systems. The ERDS would be for use only during emergencies at the
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facilities.
It will be activated by the licensees during declared emergencies to begin transmission of the selected set of parameters to the NRC Operations l
Center. The Emergency Response Data System concept is a result of the NRC assessment of the NRC role in an emergency at a licensed nuclear facility and the data needed to support that role.
The Commission has determined that NRC's primary role in an emergency is to monitor and advise. Our monitoring role is in two areas:
We monitor the licensee to assure that appropriate recommendations are made with respect to offsite actions.
We also monitor the licensee to assure they are taking the appropriate on-site action to mitigate consequences of the incident.
Another aspect of our role is advisory:
We support both the licensee and the onsite NRC response team with technical analyses, advice and logistical support.
We also support offsite authorities including confirming licensee's recommendations to offsite authorities.
i Agency advice or recommendation will be made by the NRC's Chairman (or nis designee) to a licensee manager or the appropriate state or local decision-maker.
In addition to the above, NRC is the single Federal focal point for keeping other Federal agencies and entities and the media informed on the status of the incident.
The effectiveness of the NRC in performing its role is dependent on the quality and timeliness of the event information the agency receives, The types of information the agency needs for emergency response are:
reactor systems conditions, containment building conditions, radioactivity release rates, and the plant's meteorological data.
It may also be appropriate to provide state and local authorities with the meteorological and radiological data as this data is useful given their role and expertise.
Enclosure
2 Currently, the data is transmitted to the NRC from the licensee by standard voice telephone communicatans.
Two primary phone links are used. One is dedicated for reactor data; the other is primarily for radiological and meteorological data. Our experience with voice-only emergency communications, starting with TMI and reinforced numerous times since then, is that it is too slow and error prone.
Information is misunderstood, frequently creating false issues which at best divert experts from the real problems. Even worse incorrect data can cause NRC to respond to the licensee or offsite officials with inaccurate or outdated advice or recommendations.
The NRC evaluation of how to address our data needs included options varying from the Nuclear Data Link involving extensive continuous transmission of a large quantity of parameters from all facilities to the current voice method.
The system determined to provide the data in an accurate, reliable, and timely manner while minimizing impact on the licensees was the Emergency Response Data System as required by this bill. We have successfully conducted tests of the ERDS concept with Duke Power Company at the McGuire facility and with Commonwealth Edison at the LaSalle facility.
Both tests confirmed the advantages of having direct electronic transmission of a selected set of parameters.
Based on the successful tests of the concept, the NRC initiated an ERDS Requirements Analysis. The effort consisted of visits to the licensees to determine the design of the site data systems and the availability of the data requested by the NRC.
Based on the results of the surveys, the ERDS concept can be implemented with relatively little difficulty at essentially all sites.
Ease of implementation will vary depending on type and utilization of licensee equipment.
Implementa-tion at some sites may require a delay until other equipment upgrades are completed.
In view of the large potential benefit to the NRC incident response capability from the ERDS and the results of the survey indicating the relative ease of implementation, the NRC currently plans to begin implementation of the system on a voluntary basis. While we expect the majority of licensees will see the benefits of the system and will participate, there is no guarantee.
H.R. 1570 would make implementation mandatory for all licensees.
In addition, H.R. 1570 would require complete implementation within 3 years of passage. The current NRC implementation plan is phased over a longer period to accommodate current licensees' schedules for equipment upgrades.
Passage of H.R.1570 would require 'some licensees to accelerate their current schedules.
H.R. 1570 establishes the Emergency Response Data System Fund which provides for full reimbursement of ERDS costs and increased funding assurance for the NRC.
Lastly, H.R. 1570 would preclude imposition by other authorities of an additional data transmission burden on licensees. We would suggest that wording be added to permit existing, fully implemented, data transmission systems to remain.
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In conclusion, H.R.1570 would provide for expeditious and consistent implementa-tion of an Emergency Response Data System and greatly improve our incident response capability.
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IN TRE HOUSE OF REPRESENTATIVE 8 Laca 111,1987 -
Mr. HUCKABT latrodnood the foUoming bi; which was re$ened to the Comadues on Interie and Insular Atfairs A BILL, To' establish an Emergency Response Brogram within thei Nuclear Regulatory Commisdon. 1 Be it enacted by the Senate and House of Representa-2 tires of the United States of 4merica in Congms assembl4 3 SECTION 1. SIIORT TITLE. 4 This Actimay be cited as the " Nuclear Power Emer-5 gency Response Data System Act of 1987". 8 BEC. 2. EMERGENCY RF.8PONSE PROGRAM. 7 (a) EsrAstransext.-There is established within the 8 Nuclear Regulatory Commission, an Emergency Response om '"~ 0 Program. ( 002777 EDO l l
9 1 (b) LooAvrow.-The program office shaII be located in i 2 close proximity: to the Nuclear Eegulatory Commission's 8 Headquarter Operations Center. 4 sac. A FUNCTroNs.- 5 (a) SysTzw DEVELOPMENT.-The program inad. I 6 dition 2." ; r s---Q d :;:--" ;C! other re. I 7 sponsibilities(that may be determined by the Commission,) 8 shall establish a data transmission system for providing to the sw 9 Nuclear Regulatory Commission (or any other sansy-which 10 may,so requine) the data needed to perform the: Nuclear Beg. 11 ulatory Commission's incident response role desen%d.in sub-12 section.(c). The' system shall include automatic. electronic 13 data transminion for use.in the=evant-etan emergency at 14 commercial nuclear power reactor in accordance with subsec. 15 tions (b) and (c). No system may be required to be installed at 18 a facility for any activity related to emergency planning for 17 that facility pther than the system required to be installed at 18 a facility under this subsection for the transmission of emer, 19 gency response data. 20: {b) DATA TRANBM18RION.-The operator of each com-21 mercial nuclear power reactor licensed under section 108 or 22 104 b. of the Atom]c Energy Act of 1954 (42 U.S.C. 2133 1;..-,-- l 23 or 2134(b))'shall,.upon declaration of an Emergency Class of g 24 Alert, Site Area Emergency, or General Emergency as spec-25 ifled m' the licensec's approved Emergency Pisa, or upon re-t { n irto n! k i m--um
3 1 quest by the Nuclear Regulatory Commission Operations s.-+.,+., .n.- e.-a.~.. s-,..,,.., tr 1 2 Centerg ansmit data, by automatic electronic means, in the 3 Nuclear Regulatory Commission Operations Center to mesist 4 Nuclear Regulatory Commission in detennining-g - -y. -.., 5 (1) the severity of the abnormal condition of such 1 6 reactor; 7 (2) the. actions necessary to mitigate any offsite .,a-,.-.- 8 consequences of the em4 and 9 (3) whether appropriate recommendations are. 10 being made with respect to offsite radiological protee-11 tive actions. M .c ser ,g p, 9as ,.s 3 a.a.-e~- % _,,s p. 18 9 n,,-.: a :. s - --mun- ; z - = -. 14 (,3 ,.a.,+.- e, a + e -. c a:+i--s; ( 15 p;,s., 16 gg ,.,, g i, #, ~~- 4-. 17
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de.: g 8,,,, M N1 i 18 i 19 .-ators of 20 c5mmercial nucicar power reactors described in subsee. 21 tion (b). 22 (2) ASSESHMENT AND SUPPORT.- 23 (A) IN GENERAL.-The' Nuclear. Regulatory. 24 Commission response personnel shall, in an emer. 25 gency as described in subsection (b)-. I EE 1870 IH i i ~
4 s e p-, I I (i) assess the *-"- d operating condL I l 2 tions in such reactors; S (iD assess the appropriate recommended f 4 protective action to minimize any 06 site com-sequences of the.mn,6: si.d 5 8 (iii) support the ilioensee iby providing i 7 suggestions and recom=M*tions relating to 8 the assessmentsimade under clauses *(D and I 9 (ii). 10 (B) i ASSE8SMENT AND EBOOMMENDA-11 TIOxa4-The Nuclear Regulatory Conumssa f 12 personnel shall-i 18 (i) maintain sufficient knowledge:of acob m 14 dent status to assess the adequacy of licensee f actions to mitigate consequeneg, and. or n a a -. -y. -. < 15 ,+.,-,,-> ( gny >s s.. .'ui) recommen$, protective actions. j 16 17 (C) iLtw1TATION.-Program staff shall have g :,
- (ll 18 no authority to relieve the operator of the com-
,n l 3 s 19 mercial nuclear power reactor of authority or re-j a ,,e y,.,; <r 20 sponsibility to maintain his reactor in a safe oper-av 21 ating condition. ) I 22 (d) PLANT SPECIFIC INFORM ATION.-The operator of i 23 any commercial nuclear power reactor described in subsco-24 tion (b) shall provide to the Nuclear Regulatory Commiarion I na im m i '= m
5 ( 1 such information sa is required to evaluate the data transmit-g !,/ ~ ~ 2 tad in accordance with such subsection. e ed h, / 3 seCJ 4. PERSONNEL QUAUFICATIONS. - e 4 h Nuclear Regulatory Comrninion response person-co, e ,e 5 nel shall hhve the training and expertise necessary.to perform i i 8 the functions denen%d in section 3. dding 7 sac. a. FUNDINGJ mg to i) and 8 (a) NoctzAn REGULATORY COMMISSION.-Except se l 9 provided in subsections (b), and to the extent provided la ap-10 propristion Acts, the Nuclear Regulatory Commission shall sm. l aission 11 Pay all costs sanociated with the data transmission functions 12 described in sectioni3, ' sf acci. IS - (hbEw===m booNaE M ATA -Svetest-f0N5 -
- censee 1 4 ~ % I= is establiska in the-Treasury a special-fund-w be 15 'uu2wn as thrEmergency Respuia Dua System Fund. The 16 Tumi aLalMe-available to the NMeer F; Ate y Commit 4,
f jl have 17 :!ca: "/!thcut :fi; cal-year-4imitadve And in oud, au2uuuis ar l te com-18 way be sp6cific6 in spyruprintiuu Acn.for the purpose of-l 19 :=p;, ::1:p th Ldcu "neguistory Comm!ntotrforr6F < or re. je oper-20 inim.wd in Ge instatistictror oper,ation or livih, ci ib d.h, 21 - tionsni;ias ef ekni h;crikd in ;ecties St vunuusidal uw-22-deer pvwar rescur altes. erstorof I igubsec. 23 SEC.'t. DEFINm0NE. mminion 24 As used;in this Act-I t xx tem mr s .M
s 8 1
- 0) the term Pedmmercial nuclear poux reactor"i l
2 meansiany commercial nucleat power reactor licensed 3 by the Nucleari Regulatory Commission under section 4 103 or 104 b. of the Atomic Energy Act of 1954 (42 5 U.S.C. 2133 or 2134(b)); and i 6 (2) the term # " program" means the Emergency v3,,~- 7 Response Program established under section 2. /1 8 sac. 7. cow 3mMCEMENT OF OPERATION. 9 The' data transmission capability described in section 3 to shall be operadonal not later than three years after the date 11 of the enactment of this Act. O i i l En 1470 ta j s i.....m....
1 a-a. I f 4. 100Tu CONGRESS isr SE881oN To establish an Emergency Response Program within the Nuclear Regulatory Commission. IN THE HOUSE OF REPRESENTATIVES MARCH 11,1987 Mr. HtJCKABY introduced the fouowing bill; which was referred to the Committee on Interior and Insular Affairs A BILL To establish an Emergency Response Program within the Nuclear Regulatory Commission. 1 Be it enacted by the Senate and House of Representa-2 tires of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the " Nuclear Power Emer-5 gency Response Data System Act of 1987". 6 SEC. 2. EMERGENCY RESPONSE PROGRAM. J 7 (a) ESTABLISHMENT.-There is established within the 8 Nuclear Regulatory Commission, an Emergency Response 9 Program. I (
2 1 (b) LOCATION.-The program office shall be located in 2 close proximity to the Nuclear Regulatory Commission's i 3 Headquarters Operations Center. 4 SEC. 3. FUNCTIONS. 5 (a) SYSTsu DEVELOPMENT.-The program staff, in ad-6 dition to prompt screening of operating events and other re-7 sponsibilities that may be determined by the Commission, 8 shall establish a data transmission system for providing to the 9 Nuclear Regulatory Commission (or any other entity which 10 may so require) the data needed to perform the Nuclear Reg-11 ulatory Commission's incident response role described in sub-12 section (c). The system shall include automatic electronic 13 data transmission for use in the event of an emergency at a ( 14 commercial nuclear power reactor in accordance with subsec-15 tions (b) and (c). No system may be required to be installed at 16 a facility for any activity related to emergency planning for 17 that facility other than the system required to be installed at 18 a facility under this subsection for the transmission of emer-19 gency response data. 20 (b) DATA TRANSMISSION.-The operator of each com-21 mercial nuclear power reactor licensed under section 103 or 22 104 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2133 23 or 2134(b)) shall, upon declaration of an Emergency Class of 24 Alert, Site Area Emergency, or General Emergency as spec. 25 ified in the licensee's approved Emergency Plan, or upon re-ER 1570 Di
3 1 quest by the Nuclear Regulatory Commission Operations 2 Center, transmit data, by automatic electronic means, to the 3 Nuclear Regulatory Commission Operations Center to assist 4 Nuclear Regulatory Commission in determining-5 (1) the severity of the abnormal condition of such 6 reactor; 7 (2) the actions necessary to mitigate any offsite 8 consequences of the event; and 9 (3) whether appropriate recommendations are 10 being made with respect to offsite radiological protec-11 tive actions. 12 (c) INCIDENT RESPONSE.-The program staff shall j 13 ensure the capability of the Nuclear Regulatory Commission i 14 to carry out the incident response role described in para-I 15 graphs (1) and (2). 16 (1) MONITORINO.-The Nuclear Regulatory Com-l 17 mission response personnel shall, in an emergency de-18 scribed in subsection (b), contemporaneously and con-19 tinuously monitor the data transmitted by operators of 20 commercial nuclear power reactors described in subsec-21 tion (b). 22 (2) ASSESShtENT AND SUPPORT.- 23 (A) IN GENEBAL.-The Nuclear Regulatory 24 Commission response personnel shall, in an emer-25 gency as described in subsection (b)- 1 ER 1570 G l l l ll I IIIEM M MIE I II M E' I
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4 1 (i) assess the abnormal operating condi-2 tions in such reactors; 3 (ii) assess the appropriate recommended 4 protective action to minimize any offsite con-5 sequences of the event, and 6 (iii) support the licensee by providing 7 suggestions and recommendations relating to 8 the assessments made under clauses (i) and 9 (ii). 10 (B) A88E88 MENT AND BECOMMENDA-11 TIONS.-The Nuclear Regulatory Commission 12 personnel shall-13 (i) maintain sufficient knowledge of acci-l 14 dent status to assess the adequacy of licensee 15 actions to mitigate consequences; and 16 (iii) recommend protective actions. 17 (C) LIMITATION.-Program staff shall have 18 no authority to relieve the operator of the com-19 mercial nuclear power reactor of authority or re-20 sponsibility to maintain his reactor in a safe oper-21 ating condition. 22 (d) PLANT SPECIFIC INFORMATION.-The operator of 23 any commercial nuclear power reactor described in subsec-24 tion (b) shall provide to the Nuclear Regulatory Commission HR 1570 ni B
1 l n 5 1 such information as is required to evaluate the data transmit-y, l 2 ted in accordance with such subsection. 3 SEC. 4. PERSONNEL QUAI lFICATIONS. .l mded 4 The Nuclear Regulatory Commission response person-con-5 nel shall have the training and expertisa necessary to perform 6 the functions described in section 3. viding 7 SEC. 5. FUNDING. ing to 8 (a) NUCLEAs REGULATORY COMMISSION.-Except as i) and 9 provided in subsection (b), and to the extent provided in ap-10 propriation Acts, the Nuclear Regulatory Conunission shall ENDA. aission 11 pay all costs associated with the data transmission functions 12 described in section 3. acci. 13 (b) EMERGENCY RESPONSE DATA SYSTEM FUND.- icensee 14 There is established in the Treasury a special fund to be 15 known as the Emergency Response Data System Fund. The i 1 16 fund shall be available to the Nuclear Regulatory Commis-dl have 17 sion without fiscal year limitation and in such amounts as 18 may be specified in appropriation Acts for' the purpose of l te com. r or re. 19 compensating the Nuclear Regulatory Commission for costs .fe oper. 20 incurred in the installation or operation, or both, of the data l 21 transmission system described in section 3 at commercial nu. ] erator of 22 clear power reactor sites. isubsec. 23 SEC. 6. DEFINITIONS. j mmission 24 As used in this Act- { KR 1510 ni l l )
6 1 (1) the term " commercial nuclear power reactor" 2 means any commercial nuclear power reactor licensed 3 by the Nuclear Regulatory Commission under section 4 103 or 104 b. of the Atomic Energy Act of 1954 (42 5 U.S.C. 2133 or 2134(b)); and 6 (2) the term " program" means the Emergency 7 Response Program established under section 2. 8 SEC. 7. COMMENCEMENT OF OPERATION, 9 The data transmission capability described in section 3 10 shall be operational not later than three years after the date 11 of the enactment of this Act. \\ O l HR 1570 m
yL;'T R r y 4 f,. t IB / t ' -c ( q ~ e ( \\ i Union Calendar No. 575 s N 99Tu CONGRESS H. "R;. 5* 192 ^ < { I i eo S-N O l [ Report No. 99-902, Part 11 \\ l .i To establish an emerg ncy response program within the Nuclear Regulatory Commission. l l 4 \\ IN THE HOUSE OF REPRESENTAT1TES i s i JrLY 17,1986 i 9 Mr. HrCKABY (for himself, Mr. UDALL. Mr. SE! BERLIN 0 Iir. WE AVER, Mb I 4[' CoEtno, Mr. McReny, Mr. EMERSON. Mrs. OTRO.v. Mr. Tarz!N, Mr. l f RAHALL, Mr. McCAIN, Mr. Livscsvox, and Mr. ROEMEE) introduced the ' following bill; which was Neferred to the Committee on interior and Insular Affairs s \\ / I \\ ,\\ ) SEPTEMBER 26,1986 l Additional sponsors: Mr. CRA10 and Mr. UEJDENsos r SEPTEMBER 26,1986 l Reported with amendments, referred to the Committee on Energy and Cammerce j for a period ending not later than October 3,1986 for considertstbn of such provisions of the bill and amendments as fall within the jurisOOm of that committee pursuant to clause Ith), rule X, and ordered to he imhed (omit the part struck through and insert the part prmted irqMici / OctosER 3,1986 s Committ.ee on Energy and Commerce discharged; commi ed to the Committee of tt the Whole Luse on the State of the Union, and ordered to be printed x t v 1 i A BILL To establish an emergency response program within the Nuclear Regulatory Commission. j 'q
e t 2 1 Be it enacted by the Senate and House of Representa. 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the " Nuclear Power Emer-5 gency Response Data System Act of 1986". 6 SEC. 2. E3tERGENCY RESPONSE PROGRA31, 7 (a) ESTABLISH 31ENT.-There is established within the 8 Nuclear Regulatory Commission, an Emergency Response 9 Program. 10 (b) LOCATION.-The Program Office shall be located in 11 close proximity to the Nuclear Regulatory Commission's 12 Headquarters Operations Center. 13 SEC. 3. FUNCTIONS. 14 (a) SYSTE31 DEVELOP 31ENT.-The Program Staff, in 15 addition to prompt screening of operating eventa and other 16 responsibilities that may be determined by the Commission, 17 shall establish a c4egle data transmission system for providing 18 to the Nuclear Regulatory Commission (or any other entity 19 which may so require) the data needed to perform the Nucle-20 ar Regulatory Commission's incident respon'se role described 21 in subsection (c). The system shall include automatic elec-22-tronic data transmission for use in the event of an emergency 23 at a commercial nuclear power reactor in accordance with 04 subsections (b) and (c). The system shall be the exclusive such 25 system in the United States. ER 5192 RE
) 3 1 (b) DATA TRANSMISSION.-The operator of each com-2 mercial nuclear power reactor licensed under section 103 or 3 104 b' of the Atomic Energy Act of 1954 (42 U.S.C. 2133 4 or 2134(b)) shall, upon declaration of an Emergency Class of 5 Alert, Site Area Emergency, or General Emergency as spec-6 ified in the licensee *s approved Emergency Plan, or upon re-7 quest by the Nuclear Regulatory Commission Operations 8 Center, transmit data, by automatic electronic means, to the 9 Nuclear Regulatory Commission Operacions Center to assist l 10 Nuclear Regulatory Commission in determining-11 (1) the severity of the abnormal condition of such j 12 reactor; l 13 (2) the actions necessary to mitigate any offsite 14 consequences of the event; and t 15 (3) whether appropriate recommendations are 16 being made with respect to offsite radiological protec-17 tive actions. 18 (c) INCIDENT RESPONSE.-The Program staff shall 19 ensure the capability of the Nuclear Regulatory Commission 20 to carry out the incident response role described in para-21 graphs (1) and (2). 22 (1) MONITORINo.-The Nuclear Regulatory Com-23 mission response personnel shall, in an emergency de-24 neribed in subsection (h), contemporaneously and con-i 25 tinuously monitor the data transmitted by operators of amu l i s
4 i commercial nuclear power reactors described in subsec-1 2 tion (b). 3 (2) ASSESS 51ENT AND SUPPORT.- (A) IN GENERAL.-The Nuclear Regulatory 4 5 Commission response personnel shall, in an emer-6 gency as described in subsection (b)- (i) assess the abnormal operating condi-7 8 tions in such reactors; (ii) assess the appropriate recommended 9 10 Protective action to minimize any offsite con-11 sequences of the event; and 12 (iii) support the licensee by providing 13 suggestions and recommendations relating to the assessments made under clauses (i) and 14 15 (ii)- 16 (B) ASSESS %1ENT AND RECO5151ENDA-17 TioNS.-The Nuclear Regulatory Commission 18 personnel shall-19 (i) maintain sufficient knowledge of acci-20 dent status to assess the adequacy of licensee 21 actions to mitigate consequences; and 22 (iii) recommend protective actions. 23 (C) LIMITATION.-Program staff shall have i 24 no authority to relieve the operator of the com-25 mercial nuclear power reactor of nuthority or re-n im n
t 5 1 spo:.sibility to maintain his reactor in a safe oper. 2 ating condition. 3 (d) PLANT SPECIFIC INFOR3fATION.-The operator of 4 any commercial nuclear power reactor described in subsee-5 tion (b) shall provide to the Nuclear Regulatory Commission 6 such information as is required to evaluate the data transmit. 7 ted in accordance with such subsection. 8 SEC. 4. PERSONNEL QUALIFICATIONS. 9 The Nuclear Regulatory Commission response person-10 nel shall have the training and expertise necessary to perform 11 the functions described in section 3. 12 SEC. 5. FUNDING. 13 (a) NUCLEAR REGULATORY C051511SSION.-Except as provided in subsection (b), and to the extent provided in ap. 14 15 propriation Acts, the Nuclear Regulatory Commission shall 16 pay all costs associated with the data transmission functions 17 described in section 3. 18 (b) E5:rnort:cr Rec c"cc Den Sveen Ft':D. 19 (4) ECTAnL:L::" "T There is es:ab!!-hed in 20 the T crury a speelal fend to be known as the Emer-21 geney Re:ponx Date Sp:cm Fund (in tide subxt:.s,.. 22 rcErred te ne the "Fead")- T-he fund
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23 to the Nuch Regulewry Commizian cithout fM 24 yeae !!mi:::i,: end in sueh amoun:a as may be p 25 fied in appropri:.::ca Acts he a pur;=c of compen-m.m u
l A 6 I 1 seneg the Nuc! car Regulatory Cc:n:ni::!ca for eo+te m 2 .ncurred in the in::a!!at:ca er opera:ica, er bede of the 3 dele tran::ni;:!cn eyetem described in seetten 3 a+ 4 cc::nnerci:.! nuc!=r pewer reac:cr ettes-5 W P n '.:r:Tc av ucer:cccc. Each ec:nn.creia! 6 nuc! car pewer licen:cc ef the Nuc!c^r Regulatory i 7 Oc:n:ni ;ica ueder crc:icn:: 403 and 444 6 of the 8 A:c:nic Energy Aes of 4964 49 U4-C, 343 er 9 2131(b)) ehell pay inte the Fund eeek Geeel yeer en 10 a:ncan: de:cr:nined by the Nuc! car Regula: cry Gem-11 mia:ca te be attributab!c to the eo+6 of the I:.::a!!a:ica 12 er opera:ica, er beth-of eueh date ::an::ni: !ca syt4em 13 at a ec:n:ncreia! nuc! car pewee reeeter feethey of eueh 14 !!ccr.;ce in eueh fheel yeee 15 (b) EstERosscy RESPONSE D.A rs S YSrs.u 1 16' Fuso.-There is established in the Treasury a special 17 fund to be known as the Emergency Response Data 18 System Fund. The Fund shall be available to the Nu-19 clear Regulatory Commission without fiscal year limi-20 tation and in such amounts as may be specified in ap-21 propriation Acts for the purpose of compensating the 22 Nuclear Regulatory Commission for costs incurred in 23 the installation or operation, or both, of the data trans. 24 mission system described in section 3 at commercial i 25 nuclear power reactor sites. H 5112 A8 J
i l 7 1 SEC. 6. DEFINITIONS. he 2 As used in this Act-et 3 (1) " commercial nuclear power reactor" means any commercial nuclear power reactor licensed by the 4 Nuclear Regulatory Commission under section 103 or tti -o 6 104 b. of the Atomic Energy Act of 1954 (42 U.S.C. f I 2133 or 2134(b)); and 1 ef 8 (2) " program" means the Emergency Response m 9 Program established under section 2. e-10 SEC. 7. COMMENCEMENT OF OPERATION. 11 The data transmission capability described in section 3 12 shall be operational not later than three years after the date m s 13 of the enactment of this Act. ) 31 al ita 'U - i. 9-le i i n 9-il B $192 M ~ m_____
potentially forcing Congross to roturn for a laco-duck sossion. In any case, this week promises to see a high level of activity on budget matters as Congress grapples with the CR -- characterized by Senate Appropriations Chairman Mark Hatfield (R-OR) as the ' proverbial last legislative train for every member's treasured amendment." Caught up in these FY87 budget battles is funding for DOE's nuclear waste program (see related story). Despite the Administration request of 5788 million for the waste program and the House-approved level of $677 million, the Senate supports a low budget mark of $380 million. During these final days.of budget negotiations between the House and Senate, the nuclear energy industry continues to push hard for a level close to the House version and to avoid legislative language which would restrict DOE's ef forts in either the repository or the monitored retrievable storage (MRS) facility. Meanwhile, the budget reconciliation bill (H.R. 5300) is currently the f subject of a conference at which over 200 members of the House and Senate are meeting in subcommittees to hash out a compromise. H.R. 5300 sets the federal budget for FY87 and bgepuse of Grass-Rudman requirements will maintain a yearly deficit of Mts than $154 billion. Included in the bill is a revenue enhancing measjTo raising user fees f or NRC licensees. The Senate version of the measure would raise the fee from the existing yearly level of 33 percent of NRC's annual budget (5134 million) to 38 percent (5154 million). The House has two versions one to raise the level equaling $240 st11 ton < this year. 6hd thw other to a level of $272 million in 1987. By late Friday (10/3). the House and Senate were still debating the levels, with both s i t.e s holding tight to their position. In response to ANEC's " Call-Yo-Action", nuclear utilities bombarded House and - Senate conferees with letters opposing further increases in NRC user fees and stating that the Senate version, though still too high, was more equitable and balanced than either House proposal. If the House and Senate conferees remain deadlocked, the budget reconciliation bill may go forward fo r finJ 4cor TCTTbN 1 er fee provision. I FMFRGENcY Pt_ANNING Rep. E d 'Ma rke'y (D-NA) was forced last week to " postpone
- his October 6-field hearing on Seabrook and
" states' rights" in emergency planning. The Newburyport, MA hearing was ostensibly l /y delayed because of pending House floor business, but sources close to Rep. Markey's Energy Conservation and Power Subcommittee cited the collapse of the Chairman's "high drama" witness list, including non-appearances by Massachusetts Governor Mike Dukakis (D-NA) as well as the unexpected plans of pro-industry subcommittee Democrats and Republices: te ;pp;; r ^ nearing. --a pr REGULATION Yanked from the suspension calen r and effectively k lled last week was Rep. Jerry Huckaby's legislat n (H.R. 5192) to cr a licensee-activated Emergency Response D ta System (E RDS ) linking e v e ry n.d... p;;;r ph: r'9 *" Wac' /I parations center. The bill had been scheduled for House floor action early last week after the Interior Committee had filed its report (H.Rpt. 99-902). Rep. Markey, however requested sequential referral to his Energy i 1 l subcommittee in order to nullify an industry-supported federal-preemption amendment that Rep. Huckaby had successfully of fer6d in the Interior Committee. That amendment, which would establish a federal EROS as "the exclusive such system in the United States," of fended Rep. t Narkey, who, in a letter to Rep. Huckaby, contended that state and l -l local governments should all be entitled to tap into nuclear plants' computer systems. In a very strongly worded reply, Rep. Huckaby called j Rep. Markey's move " obstructionist in nature.' The NRC came under intense criticism last week for its regulation of j TVA's nuclear power program at hearings before the House Energy j Oversight and Investigations Subcommittee. Rep. Ron Wyden (D-OR) used i the forum to blast TVA for failing to adhere to regulatory requirements and the NRC for its inability to cope with TVA's regulatory breakdown. TVA's Senior Management Team Director James Taylor acknowledged that I the Authority's inspection procedures needed improvement, but defended the Commission's handling of the case and cited a need for more money to improve oversight. The subcommittee will further investigate compliance breakdowns and possible criminal violations by members of a the TVA nuclear program. At NRC, the commissioners voted to approve a low-power license fo r Illinois Power's Clinton plant. If low-power testing proceeds as oxpected, the utility hopes to obtain a full-power license in approxi-yt cately three months. [, EASIE -- As Congress enters what may its final week, FY87 funding for the nuclear waste program remains in jeopardy as members work to hash out a compromise on the continuing resolution (see related story). The Senate version sets a funding level of $380 million, wh.ile the House level is $677 million. Both versions contain provisions which would limit DOE's efforts on the monitored retrievable storage (MRS) facil-ity. Attempts to resolve the funding levels and the restrictive language will take place in conference which is anticipated to take place early this week. During floor debate on the CR, Senator Lloyd Bentsen (D-TX) urged his colleagues to support limited funding for the vaste program because " DOE has demonstrated it is incapable of moving forward with the high-level waste program in a manner that builds confidence." He reiterated his concern over DOE's decision to postpone work on the second repository, calling the decision "the latest flouting of the Nuclear Waste Policy Act." House Interior Committee Chairman Mo Udall continues to pressure DOE Secretary Herrington on the Department's May 1986 decision to indefinitely postpone site work on the second nuclear waste reposi-tory. In recent correspondence, Chairman Udall stated that the Depart-ment's site selection process must not only be fair, but it must appear to be fair if the vaste program is to succeed and DOE's decision to postpone indefinitely an integral part of the waste program seriously harmed the credibility of the process. SAFETY -- In the waning days of the session, Senator John Glenn (D-OH) introduced a resnlution addressing the environment surrounding DOE nuclear facilities. S.J.Res. 421, expressen the sense of Congress that DOE should bring its defense facilities into compliance with applicable environmental laws. The Glenn resolution calls for DOE to: 1) give environmental protection equal priority with weapons production; 2) provide independent inspections of DOE facilities by agencies of the affected states; 3) allow NRC to independently examine DOE's " Safety Analysis Reviews"
- 4) report to Congrois the plans and costs of bringing DOE facilities into compliance with applicable environmental laws; and'5) include adequate funds in the FY88 budget request for the cleanup of DOE sites.
1 ~%~ ,w~ yph r"--- Octobe r 6, 1986 ) i CONGRESSf0 MAL SCHFDULE -- Congress missed its October 3 target adjourn-ment and is not expected to adjourn sino die untti at least this Wednesday (10/8) or Thursday (10/9). Legislation that still must be a p p roved before adjournment includes continuing resolution (CR), debt . ceiling extension and budget reconciliation measures. At this jura-ture, it is still uncertain whether a lame duck session will be required to complete action on priority legislation. Insight on last-minute legislative maneuvering is expected to be provided this week (10/9) as House Energy Committee member Rep. Mike Oxley ( R-O H ) addresses a meeting of ANEC's Washington Reps. PRf CE ANDERSON Last week saw e f fo rts to renew Price-Anderson in a constant state of flux as Interior Chairman No Udall did eve ryt h in g possible to move the legislation. Today (10/6) will probably bring more changes to the status of Price derson, in part due to the machinations of Ener.gy subcommittee C man Markey (D-MA). As last week began, Chairman Mo Udall (D-AZ) h' j orged a comprcaise among the a majority of members of the Interior, Ene y and Science Committees, all of them willing to pass the bill on the Suspension Calendar. But Rep. Markey indicated he was concerned that if the House passed the compro-mise, the Senate would send back a bill which inc1; des the Energy Committee approved $2 billion cap on liability. In an ef fort to allay Rep. Markey's fears, Chairman Udall arranged a meeting of the princi-pals in both'the House and Senate. A staf f compromise package was hammered out that was similar to the House committee compromise bill, which called for a $6.5 billion cap and a periodic inflation report, t with two exceptions -- 1) a split in the dif ference of extension of the law between the 10 yea rs in the House and the 20 and 25 years in the Senate at 15 years for utilities and 30 years for DOE contractors and
- 2) a new provision that allows for an NRC rulemaking to determine a per l
utility maximum annual payment. I Rep. Markey refused to accept the compromise, instead demanding the opportunity to offer debilitating and killer amendments over the objection of the rest of the principals. The issue is now s c h ed ule d to go to the powerful Rules Committee tomorrow (10/7) as a prerequisite to any possible floor action. Meanwhile, Senate Environment Committee Chairman Robert Stafford (R-VT) reportedly told Chairman Udall that if a compromise bill passes in the House he will assure its passage in the Senate. This week, the industry will be redoubling its efforts on Price-Anderson, beginning with a joint meeting of ANEC and EEI washing-ton Reps. to discuss legislative strategy for the rema in de r of the session. In a last-minuto attack on efforts to renew P ric e-An d e rs on, anti-nuclear groups have jointly issued the incredibly entitled, "From Contact Lenses to Cornfields: The Public is not Protected," which claims that the public would not be financially protected in a nuclear accident. The report, released last week by the Environmental Policy Institute, the Union of Concerned Scientists and the U.S. Public Interest Research Group, claims that insurance companies are not I willing to sell insurance to the public to cover losses caused by a nuclear accident. The study goes on to claim that, insurance to cover damages caused by a nuclear accident is sold exclusively to owners of nuclear power plants, but because of " nuclear exclusion clauses" the public cannot obtain insurance. _ ____}}