ML20245D209
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{{#Wiki_filter:a. s A-Cr3-A f(pa arogIg Dk D l POLICY ISSUE April 4, 1988 (Notation Vote) SECY-88-95 For: The Commissioners From: Victor Stello, Jr. Executive Director for Operations
Subject:
APPROVAL OF CONTINUIT( OF GOVERNMENT MANUAL CHAPTER 0601, HANDBOOK, PLANNING GUIDANCE AND RULE CHANGE
Purpose:
To provide the Commission with the most recent Federal Emergency Management Agency (FEMA) guidance bearing on the NRC's role during a national security emergency, including a nuclear attack, and to seek Commission approval of a Manual Chapter, Handbook, Planning Guidance, and Rule Change related to the Continuity of Government Program.
Background:
SECY 86-270, dated September 11, 1986, reviewed the history of the NRC's participation in the Continuity of Government (COG) program and reassessed NRC's role in this program. It made l recommendations related to the NRC classification of emer-gency functions and indicated that the staff would develop 1 arrangements to support the Department of Energy (DOE) in a national emergency and prepare the appropriate manual chapter, regional guidance and staff training to articulate this policy. Or, November 7, 1986, the Commission voted to continue desig-nation of the NRC as a " Category B" agency and ordered staff to make the appropriate modifications to NRC plans and procedures. Disc"ssion: Since that time, staff has followed current FEMA guidance in developing a comprehensive program dealing with the NRC's role and functions during a national emergency which no longer classifies the emergency responsibilities of governmental agencies in "A," "B" and "C" categories. Hence the Manual Chapter, Handbook and Planning Guidance no longer make reference to these categories.
Contact:
R. Lee Spessard, AE00 49-28577 .. ~. ( & / h b O f b )a W[
y .,o The Commissioners Within the past year, staff assisted by a contractor has worked to develop these materials related to the COG program. The Manual Chapter defines NRC's authority and responsibilities during national security emergencies and identifies the pro-gram objectives. The responsibilities are derived from those listed in Executive Order 11490, draft August 1986 version. This Executive Order was originally promulgated on October 30,- 1969 and deals with " Assigning Federal Preparedness Functions to Federal Departments and Agencies." The Executive Order is undergoing further revision by the Office of Management and Budget. However, it is not anticipated that NRC's responsibil-ities will differ 7 significantly from those presently listed in the Manual Chapter and Handbook. The COG Handbook elaborates on the Manual Chapter and describes in some detail what the NRC's roles, responsibilities and organization would be under the COG program. The documents reflect staff's view that NRC's most likely role in an emergency situation is one of support to other Federal agencies, primarily DOE, which would be responsible for the assessment and allocation of all sources of electric energy. Since NRC has authority, knowledge, contacts and communication i paths related to the production of nuclear power, these resources would be useful to DOE in its concern for the operation of the national electric grid. I Both FEMA and DOE have had an opportunity to review the enclosed documents and find them consistent with their respective policies concerning the Continuity of Government program. There are several provisions in the Manual Chapter and Hand-book which staff wishes to call to the Commission's attention. These relate to the following issues: Manual Chapter, Section 0601-034, pradelegates authority to the Chairman to act as the single agency head in the event of a national security emergency. This section is consistent with the authority given to the Chairman in Reorganization Act No. 1 of 1980 for peacetime emergencies which transfers to the Chairman "all the functions vested i in the Commission pertaining to an emergency concerning i a particular facility or material licensed or regulated by the Commission, including the functions of declaring, responding, issuing orders, determining specific policies, advising the civil authorities and the public, directing, and coordinating actions relative to such emergency incidents" (Section 3 (a)). 4 i i l
The Commissioners
- COG Handbook, Sec. E.
The NRC COL organization is modeled in structure and composition at Headquarters and the regions on the existing NRC Incident Response organization. COG Handbook, Sec. I. This section sets forth a modified line of succession for the Commissioners, Office Directors and Regional Administrators in conformance with the 1987 NRC reorganization plan. The previous Commission policy on " Succession to Head NRC In An Emergency" (SECY 77-189) was approved by the Commission on May 6, 1977 and is no longer applicable from an organizational and policy point of view. The modified succession provides that, if the Chairman is incapacitated or otherwise unable to act, he would be succeeded by the other Commissioners in order of seniority, and that they in turn would be succeeded by the EDO, the Office Directors, the General Counsel, or the deputies of these officials. Should the Head-quarters location cease to exist, authority would be assumed by the Regional Administrators in numerical order. The Planning Guidance (Supplement). This implements the COG program laid out in the Manual Chapter and Handbook and is the basis of an additional section to be added to the regional and Headquarters incident response supplements. Sections B, " Concept of Operations," and C, " Peacetime Planning," are based upon the Incident Response plan and the responsibilities set forth in the Incident Response organization. Rule Change. Staff also seeks approval of a proposed addition to 10 CFR Part 50.54 that would allow a licensee to take action that departs from technical specifications in a national security emergency. 0GC has advised that the existing Section 50.54 (x) which permits a licensee to take action that departs from a license condition or a technical specification in a plant emergency does not apply to a national. security emergency. The new section would read as follows: (dd) A licensee may take reasonable action that departs from a license condition or a technical specification (contained in a license issued under this part) in a national security emergency when this action is immediately needed to implement national security objectives as directed by the national command authority through the NRC. A national security 3 emergency is established by a law enacted by the Congress or by an order or directive issued by the President pursuant to statutes or the Constitution of the United States. The
'l 9 The Commissioners i discretionary authority under this paragraph is in addition to the authority granted under paragraph (x) of this section, which remains in effect unless otherwise directed by the Commission during a national security emergency. J Recommendation: That the Commission: (1) Approve the proposed Manual Chapter, Handbook and Planning Guidance (Supplement). i l (2) Approve the proposed rula change, Section 10 CFR 50.54, for publication in the Federal Register as a proposed rule. Coordination: These documents have been developed in close consultation 0 with members of the COG Working Group, a representative group of staff members. The Offices of NRR, NMSS, RES, ARM and OGC plus the regions were provided earlier drafts for review and comment. Their comments have been incorporated. The Office of the General Counsel has reviewed this document and has no legal objection. f r22 fd sk m V cto. Ste lo, Jr Executive Director or Operations
Enclosures:
1. COG Manual Chapter 2. COG Handbook 3. COG Planning Guidance 4. Proposed Rule Commissioners' comments or consent should be provided directly to the Office of the Secretary by c.o.b. Monday, April 25, 1988. Commission Staff Orfice comments, if any, should be submitted to the Commissioners NLT Monday, Acril 18, 1988, with an infor-mation copy to the Office of the Secretary. If the paper is of such a nature that it requires additional time for analytical review and comment, the Commissioners and the Secretariat should be apprised of when comments may be expected. DISTRIBUTION: Commissioners EDO i OGC (H Street) OGC (WF) OI ACRS OIA ASLBP REGIONAL OFFICES ASLAP GPA SECY i
Manual Chapter 0601 Continuity of Government Program Volume: 0000 General Administration Part : 0060 Emergency, Disaster and Mobilization AE00 1 CHAPTER 0601 CONTINUITY OF GOVERNMENT PROGRAM i 0601-01 COVERAGE 0601-02 0 EJECTIVE 0601-03 nLTHORITIES AND RESPONSIBILITIES 031 Authority 032 General Responsibilities 033 The Commission 034 The Chairman 035 General Counsel 036 Executive Director for Operations 037 Director, Office for Analysis and Evaluation of Operational Data 03B Director, Office of Administration and Resources Management 039 All NRC Offices, as appropriate 0310 Regional Administrators l l 0601-04 DEFINITIONS j 0601-05 BASIC REQUIREMENTS 051 Applicability i i 052 Appendix 0601-1 053 References
U. S. NUCLEAR REGULATORY COMMISSION I NRC MANUAL Volume: 0000 General Administration ~ Part 0060 Emergency, Disaster and Mobilization ~~ AE00 CHAPTER 0601 CONTINUITY OF GOVERNMENT PROGRAM 0601-01 COVERAGE This chapter defines the objective of the Nuclear Regulatory Commission (NRC) Continuity of Government (COG) Program and the authority and respon-sibilities for related activities. The NRC COG Program is an integral component of the Federal COG Program. The "NRC COG Handbook," attached as an appendix to this chapter, provides additicnal detail on the role of the NRC in support of Federal COG oper-ations, describes the NRC entergency teams that would carry out that role, and spells out the responsibilities of those teams. 0601-02 OBJECTIVE The objective of the Federal COG Program is to ensure that essential gov-ernment functions can be performed during national security emergencies, including a nuclear attack on the United States. In consonance with this objective, the NRC COG Program is intended to ensure that the Commission can carry out its responsibilities during such emergencies. 0601-03 AUTHORITIES AND RESPONSIBILITIES 031 Authorities The Atomic Energy Act of 1954, as amended (AEA); a. b. The Energy Reorganization Act of 1974, as amended; Reorganization Plan No. 1 of 1980; and c. i d. Executive Order 11490*, as amended. { 032 General Responsibilities a. NRC responsibilities during national security emergencies are spelled out in Executive Order 11490* and Section 108, AEA (42 U.S.C. 2138). These include: Promoting the development and maintenance of national security emergency preparedness programs through security ano safeguards programs by licensed facilities and activities. Draft August 1986 version. l l 1 1
NRC-0601-032 NRC CONTINUITY OF GOVERNMENT PROGRAM Ordering. the suspension of any NRC license if such action is necessary to protect public health and safety and/or the common defense and security; i Modifying NRC regulations or facility licenses as may be neces-sary to assure operation of facilities important to the national defense; Assisting the Department of Energy in assessing damage to NRC-licensed facilities,. identifying usable facilities, and esti-mating the time and actions necessary to restart inoperative facilities; Ordering the operation or curtailed operation of any facility licensed under Section 103 or 104, AEA; Ordering entry into any plant or facility in order to recapture special nuclear material or to operate such facility; Providing advice and technical assistance to Faderal, State, and local officials regarding radiation hazards and protective actions to be taken in the event of a radiological emergency. b. In its peacetime planning for national security emergencies, the NRC must. Establish a succession-to-office list; Predelegate emergency authority;- Develop plans to protect essential resources, facilities, and records; Establish emergency teams and sites; Develop and maintain emergency procedures; and Establish and maintain a COG training program. 033 The Commission Establishes policy for NRC participation in the Federal COG Program. a. b. Approves COG preparedness plans. Establishes the NRC succession-to-office list. c. d. Predelegates national security emergency authority to NRC offi-cials. i e. Approves interagency agreements and memoranda of understanding l pertaining to national security emergencies. j Ibid. i 2
NRC CONTINUITY OF GOVERNMENT PROGRAM NRC-0601-033 034 The Chairman Acts as the single agency head wil.h authority to make Coinmission a. decisions when the Federal COG Program is activated by an order or directive of the President pursuant to statutes or the Constitution of the United States or by a law enacted by the Congress. In the event of his/her death or incapacitation, the Chairman will be designated in accordance with the NRC succession-to-office list. 035 General Counsel a. Provides legal advice and assistance for the NRC COG Program, including interagency agreements, draft presidential directives, official orders, Tnd delegations of authority. j 036 Executive Directer for Operations k a. Establishes NRC COG requirements, including plans, procedures, staffing, and materiel. b. Develops interagency agreements and memoranda of understanding pertaining to national security. c. Implements Commission policy directives pertaining to national security emergency preparedness. d. Establishes NRC COG energency teams. 037 Director, Office for Analysis and Evaluation of Operational Data a. Develops NRC COG plans and procedures, b. Maintains the NRC Operations Center for use in national security emergencies. Maintains rosters of COG emergency teams, c. d. Establishes and maintains a COG training and exercise program. 038 Director, Office of Administration and Resources Management a. Manages NRC Vital Records Program. b. Provides telecommunications facilities and other required services. 039 All NRC Offices, As Appropriate Review actions and recommendations concerning the NRC COG Program. a. b. Develop and maintain plans and procedures for the performance of assigned responsibilities. c. Designate representatives to COG emergency teams, as required. d. Provide technical assistance for implementing NRC COG Program responsibilities. 3
) NRC-0601-037 A'RC CONTfNUITY OF GOVERNMENT PROGRAM 0310 Regional Administrators a, ' Implement regional NRC C00 requirements, including plans, proce-dures, staffing, and materiel, as. set forth in the COG Planning Guidance (Supplement). b. Establish and maintain rosters of the NRC regional COG emergency teams. A Establish and maintain COG training and exercise programs within the c. region. i 0601-04 DEFINITIONS 041 Continuity of Government. Continuation of essential government functions during national security emergencies, including nuclear attacks on the United States. 042 National Security Emergency. Any occurrence, including nuclear
- attack, a
natural
- disaster, or other emergency, which seriously.
degrades or seriously threatens the national security of the United States or has been declared by the Congress. 043 Predelegation of Authority. Delineation, in advance, of the author-ity of designated officials under specified emergency conditions. 0601-05 BASIC REQUIREMENTS 051 Applicability. The provisions of this chapter and its appendix apply to all organizations of the NRC. 052 Appendix 0601-1. The NRC COG Handbook. 053 References, The Atomic Energy Act of 1954, as amended. a. b. The National Plan for Emergency Preparedness, December 1964. The Energy Reorganization Act of 1974, as amended. c. d. Reorganization Plan No. 1 of 1980. e. Executive Order 11490*, as amended. f. Federal Emergency Plan D, 1970. i i g. Federal Preparedness Circular 60, May 3, 1984. h. NUREG-0845, Agency Procedures for the NRC Incident Response Plan, February 1983. I
- 0 raft August 1986 version.
4 i __________.m_
1 NRC COG Handbook
- Page, A.
Purpose.......................................................... B. The Federal COG Program 1. Objective 2. Authority
===3. Background=== 4. Platining Guidance C. The NRC COG Role D. NRC COG Responsibilities 1. Peacetime Planning i 2. Pre Emergency 3. Emergency....................................................,~ l l E. The NRC COG Organization 1. Headquarters Alpha Team 2. Headquarters Relocation Personnel 3. NRC Regional COG Teams F. Alerting and Notification 1. Communications Watch 2. Initial Alert 3. Advanced Alert G. Vital Records 1. General 2. ~ Emergency Opereting' Records 3.
- 4..
Rights and Interests Records Regional Vital Records j i H. Continuity of Government Authorities and Documents l 1. Statutes I 2. Executive Orders l 3. Federal Preparedness Circulars { 4 1. Succession-To-Office.........................,.................. J. Emergency Operating Locations i K. Acronyms l { J i 1 l l I I e 1 1 l N-l
NRC COG HANDBOOK NRC Appendix 0601 A. PURPOSE This handboos prcvides an overview of the Federal Continuity of Government (COG) Program and describes the Nuclear Regulatory Commis-sion's (NRC) COG role, responsibilities, and organization. B. THE FEDERAL COG PROGRAM 1. Objective The Federal COG Program is intended to ensure that, essential government functions can be performed during national security emergencies, including nuclear attack. 2. Aulhority a. Federal Civil Defense Act of 1950, as amenced. { b. Executive Order 11490*, as amended. f
===3. Background=== Federai COG planning dates back to 1947, when the National l Security Resources Ecard (NSRB) was established to p1&n for "the strategic relocation of industries, services, government, and economic security." The level and intensity of COG planning has fluctuated sharply over the years, rV.ecting significant j advances in technology and heightened h'ernational tension, l Soviet development of the atom bomb in 1949, the introduction of k the hydrogen bomb in 1952, the launching of Sputnik in 1957, the Berlin crisis of 1961, and the Cuban missile crisis of 1962 each served as a benchmark for increased COG planning activity. Con-versely, COG planning received less emphasis as the thr aat of superpower conflict abated. Over the years, the lead responsibility for Federal COG planning has been held by several organizations, including: The Office of Defense Mobilization (ODM); The Federal Civil Defense Administrations (FCDA); ) The Office of Civil Defense Mobilization (OCDM); The Office of Emergency Preparedness (0CP); The Federal Preparedness Agency (FPA); and { i The F.: leral Emergency Management Agency (FEMA), which is currently responsible for managing the Federal COG Program.
- Draft August 1986 version.
i 1
NRC Aopendix 0.601 NRC COG _ HANDBOOK { The Federal COG Prngram is a shared responsibility and, to be effective, requires Federal departments and agencies to: } Determine their essential emergency functions; Develop emergency cperating procedures to carry out these functions; j Establish standby emergency organizations; } Establish and maintain emergency operating sites; Protect vital rer.ords; s Establish succession-to office lists for key positions; and Pre delegate authority needed to perform essential emergency functions, 4. Planning Guidance FEMA provides wergency plann.ing guidance to Federal departments and agencies through a series of Federal Preparedness Circulars (FPCs). FPC 60 provides guidance "on measures to be undertaken t to preserve the continuity of the nonmilitar.y elements of govern-ment to ensure executive brar.;h performance of essential 1 government functions under all emergency conditions." C. THE NRC COG ROLE I The NRC has a vital COG role in monitoring the operetion of NRC-licensed facilities and providing technical information to other organizations, the Department of Energy -(00E), the FBI, and Federal, State, and local officials. 1 The DOE might need information pertaining to the operating status of nuclear power plants, damage sustained by licensed facilities, envi-ronmental conditions affecting public health and safety in the vicinity of licensed plants, and other rimilar information. In turn, DOE would provide information to the NRC with regard to national energy requirements. { In addition, the NRC might have to assess the need for and order licensees to continue, curtail, or expand operations, ensure compli-ance with security and safeguards programs, and provide technical i assistance regarding public health and safety hazards. I 1 \\ 2 l l l
NRC COG' HANDBOOK NRC Appendix 0601 D. NRC COG RESPONSIBILITIES The NRC has COG responsibilities in peacetime, in situations that might lead to a national security emergency as well as during such emergencies. 1. PeacetimePlanningResponsibilities a. Estabitsh emergency teams; b. Establish and maintain emergency team rosters; Develop and maintain emergency planc and procedures; c. d. Establish and conduct COG training program; Maintain emergency operations centers; e. f. Establish and maintain a vital records program; g. Establish a succession-to-office list; h. Predelegate emergency authorities; i. Provide COG planning guidance to NRC regional offices, and j. Coordinate COG planning efforts with cther Federal depart-1 j ments and agencies. 2. Preemeroency Responsibilities a. Alert emergency team members; b. Er.sure adequate levels of equipment and materiel at alter-nate sites; j Review emergency plans and procedures; c. d. Arrange transportation for emergency relocation personnel; and l Provide guidance to NRC regional offices and iicensees on e. the status of. the emergency and possible response measures. 4 3. Emergency Fesconsibilities Promote the development and maintenance of national security l a. emergency preparedness programs by licensed facilities and activities. I f l i 3 i
~ a NRC Appendix 06G1 NRC COG HANDBOOK l b. Orde the suspension of any NRC license if such action is necessary to protect public henith and safety and/or the common defense and security; Modify NRC regulations or facility licenses as may be nec-c. essary to assure operation of facilities important to the l national defense during a national emergency; d. Assist the Department of Energy in assessing damage to NRC-licensed facilities, identifying usable facilities, and estimating the tims and actions necessary to rectart inoper-ative facilities; Order the operation or curtailed operation of any facility e. licensed under section 103 or 104, AEA; f. Order entry into any plant or facility in order to recapture special nuclear material or to operate such facility; and Provide advice and technical assistance to Federal, State, g. and local officials regarding radiation hazards and protec-tive actions to be taken in the event of a radiological emergency. Following the termination of a national security emergency, the NRC will return to normal operating conditions as expeditiously as possible, i i E. THE NRC COG ORGANIZATION i 'l NRC headquarters and each of its regional offices are required to l establish Alpha Teams which operate from respective peacetime head-i quarters locations. In addition, NRC headquarters and each regional i office designates relocation personnel who deploy to relocation sites along with other department and agency relocation personnel. 1. The Headquarters Alpha Team The Headquarters Alpha Team is the emergency management com-ponent of NRC headquarters. Its major functions are to analyze information it receives from licensees and regional offices; provide FEMA and DOE with technical information; 'and issue i guidance to licensees, NRC regional offices, and the public, as may be necessary. The Alpha Team (see below) is similar in structure and compo-l sition to the NRC Incident Response organization. The Executive Team will be the main decision-making body of the Alpha Team and. 1 in accordance with the predelegation of authority to the Chair-i man under these circumstances, is directed oy the Chairman of the { Commission. Should the Chairman be incapacitated or otherwise 1 i 4 i
[l ~ NRC COG HANDBOOK NRC Appendix 0601 g unable to act, he would be succeeded' by the other Commissioners in order of seniority. The Executive Team can authorize extra-ordinary emergency actions such as ordering the shutdown. or continued operations of nuclear power plants', modifying safety criteria, and ordering the recapture of special nuclear material. The other Commissioners will be kept advised. [; NRC HEADQUARTERS ALPHA TEAM 1 EXECtfTIVE TEAM CHAIRMAN COMMIT $10N EXEctfrTVE DIRFCTOR FOR OPERATIONS ' DIRECTOR OFFICE FOR ANALY$13 AND EVALUATION OF OPERATIONAL DATA DIRTCTOR. N<UCLEAR REACTOR REGULATION DIRECTOR. NUCLEAR MATERIALA SAFFTY AND SAFEGUARDS DILtCTOR, NUCLS.AR REGULATORY RESEARCH ggg4L ADVISOS STATUS OFFICER I I
RESPONSE
COORDINATION LIAISON TEAM T M r REACTOR PROTECTIVE SAFETY MEASURES SAFEGUARDS TEAM TEAM TEAM 3 l 4 The COG Response Coordination Team (RCT). performs the same role as that of the Incident Response RCT. Its main responsibilities are to alert and notify Alpha Tecm members, provide operations ] center support (including coordination of transportation and security support as required) to the entire' Alpha Team, maintain status information on the emergency at hand, arrange the trans-portation of relocaticq personnel to the relocation site, and ensure that the relocation site is adequately staffed and equip-4 ped. The COG Liaison Team performs functions similar to those of the Congressional Liaison, Government Liaison, International Liaison, and Public Affairs Liaison Teams of the Incident' Response organ-izaticq--receiving information from and transmitting information to licensees, States, other governments, Federal agencies, and the public. 5 __ n.
i NRC APPENDIX 0601 NRC COG HANOB00K The COG Reactor Safety, Protective Measures, and Safegucrds Teams will be activated as necessary. Members of these teams are responsible for: Prov' ding technical information needed by the Executive Team to make decisions--e.g., decisiens to shut down plants or to modify safety criteria, Providing guidance to licensees and the public regarding operations and safety; 1 Assessing damage to NRC-licensed nuclear facilities; and Providing technical expertise on the status of the emer-gency. i 2. Headquarters Relocation Personnel ) Headquarters relocation personnel will rssume control of opera-l tions should the Alpha Team no longer be able to function. Relocation personnel will deploy to a facility determined by FEMA at the direction of the Chairman of the Commission, who serves as the Director of the Alpha Executive Team. I 3. The NRC Regional C03 Teams i Each NRC regional office has an Alpha emergency team that will 1 operate from the regional headquarters and relocation personnel j who wi!1 operate from the nearest hardened Federal Regional l Center (FRC), as indicated below: { i Regional Office Regional Federal Regional { Headquarters Oenter l Region I King of Prussia Maynars, MA i i Region II Atlanta Thomasville, GA l l Region III Chicago Denver, CO j Region IV Arlington Denton, TX Region V Walnut Creek Bothell, WA 1 The FRCs are managed by FEMA, with maintenance support provided j by the General Services Administration. 4 I l t I 6 l 1 1 3
1 4 NRC Appendix 0601 NRC COG HANDBOOK The primary responsibility of the NRC regional COG teams is to gather information from licensees and State and local officials on the oper3 ting status and capabilities of NRC licensed facil-ities with special attention to nuclear power plants, within their respective regions. This type of information is critical to the decision-making and advisory responsibilities of the headquarters COG teams. Other information, such as environ-j mental conditions, radiation hazards, and applied protective actions also may be needed by the NRC headquarters C0G teams to j carry out their responsibilities. As is the case for NRC head-quarters, regional relocation personnel assume authority only I when the regional Alpha Teams cannot function. t f F.' ALERTING AND NOTIFICATION Three Federal readiness levels have been established to trigger depai tment and agency preparedness actions in response to national { security emergencies. The alerting and notification of NRC Alpha Team members are keyed to the Federal readiness levels. The readiness levels are declared by the FEMA Director on instructions from the White House, Nevertheless, the NRC can take internal preparedness actions independent of any government wide declaration by FEMA. The 1"ederal readiness levels are described below: 1. C,0MMUNICATIONS WATCH This readiness level requires agencies tu maintain a 24-hour capability to receive messages. The NRC routinely maintains this capability in the NRC Operations Center. When a COMMUNICATIONS WATCH 15
- declared, NRC headquarters Alpha I
Team members and Regional Administrators will be notified, but the remainder of the NCC headquarters staff, regional staff and the public will not. The agency will remain in the Normal Hode, as defined in the Incideist Response Plan. 2. INITIAL A,L,E f Q At declaration of INITIAL ALERT, the NRC hesdauarters and regional Alpha Team members will be notified, and certain members may be directea to assume their emergency duties. Some normal NRC activities may be ructailed or postponed. i Normel leave and vacation policies may be suspended; ) overtice pay may be authorized; and NRC staff may bir required to work on a 24-hour basis. To avoid panic, a f minimum of public discSosuve should occur. This readiness postura may reach a level that corresponds to the Standby Mode of the Incident Response Plan. ) i 7 _____,,m_ _ _. _m
i i s NRC COG HANDBOOK i NRC Appendix 0601 1 3. ADVANCED ALERT i At declaration of ADVANCED ALERT, the general public will be notified and civil emergency preparedness will be elevated { to the highest level. NRC headquarters and regional Alpha 3 Teams and relocation personnel will be fully activated and deployed; headquarters and regional Operations Centers will { be manned; and all possible guidance and support will be l provided to State and local governments and the public. This ) readiness level corresponds to the Activation Phase of the NRC l Incident Response Plan. G. VITAL RECORDS I 1. General i Records essential to continued NRC operations comprise " Vital I Records." These are further categorized as " emergency operating { records" or " rights and interests records." The Information Support Services Division (ISSD) of the Office of Administration and Resources Management manages the NRC Vital Records Program. 3 2. Emergency Operating Records Emergency Operating Records are those that would be needed to support the essential functions of the NRC during a national security emergency e.g., technical specifications of facilities licensed under Section 103 or 104, AEA, copies of licenses, personnel information and safety analysis reports. 'Jp-to-date l copies of these records will be maintained at NRC headquarters ( and regional offices, and at headquarters and regional relocation j sites. f 3. Rights and Interests RecArg Rights and interests rccords are those required to preserve the legal rights and interests of individual citizens and the Federal government. These records require protection, but need not be maintained at or in the vicinity of the relocation site. Exam-pies of rights and interests records include financial data (payroll, leave, social secur;ty, retirement,. insurance), legal proceedings decisions, contractual obligations, and similar records. These records are generally unclassified, but could contain sensitive in'ormation t Cortes of hRC rights and interests records are safeguarded in the NRG archive faci'lity and t.T.e Washington National Records Center. In addition, rights and interests records are maintained at f4RC headvarters and regional offices, and at headquarters and regional relocation sites. l l 8 1 lE__- I
-~ I' ~4.. ] i NRC Aopendix-0601 NRC COG HANOB00K 4. . Regional Vital Records Duplicate sets'of NRC headquarters' emergency operating and rights and interests. records 'are distributed by the.Information Support Services Divisior. (ISDD) to each NRC regional office to be main-tained by the-regional office at its emergency. relocation site. These records are updated and inspected periodically _by the 1550. ~Also, each regional. office is responsible ~ for maintaining cop'les of: records at its regional relocatinn site. H. CONTINUITY OF GOVERNMENT AUTHORITIES AND COCUMENTS 1. Statutes } The National Security Act of 1947 established the National' [ ' 5ecurity Resources Board (NSRB). The mission < assigned to the i HSRB included responsibility f6r "...the strategic relocation of industritis, services, (and) government and economic activ-ities, the cont *inuous operation of which is essential-to the nation's security." The Atomic Energy Act of 1954, as amended, established the AtcMc-I Energj-Commisston (AEC) and assigned the responsibility of setting up a " program to encourage widespread participation in the. development and utilization of atomic energy for peaceful purposss to the maximum extent cons (sient with the common defense -and security and with the healt'r. and safety of. the. public." { The Energy Ronrganization 'Act of 19i/4 separated the development and rbgelatory functions of the AEC and established the NRC as an indepentfent regylatory body. The Reorganization Plan.No. 1 of 1980, among other mattert, transfers to the Chitirman all tne furictions vested in the Commis-sion pertaining to an emergency concerning a particular facility or materials licensed or regulated by the Comminion. 2. pecutiveOrders Executive Order 11490*, as asnended, charges the departments and agencies of the Federal government with ensuring.a capaciljty to continue gevarnment e,perations during any national emergency. In addition, it' states that effective national preparedness plaening-is essential to national survival, and assigns responsibilities for a number of essential functions to the Federal departments ) and agenties. 1 Both the curront 1969 version as well as the more recent draft, August 1986. ] l I i b
F NRC COG HANDBOOK NRC Appendix 0601 Executive Order 10421 (1952); as amended, provides for the phys-ical security of facilities important to the national defense. Executive Order 10480 (1953), as amended, provides for the admin-istration of the functions of the Defense Production Act of 1950, as amended, by FEMA. Executive Order 11179 (1964), as amended, provides for the admin-istration of the National Defense Executive Reserve by FEMA. Executive Order 11953 (1969) amended Executive Order 11490 and assigned functions to the NRQ that were formerly assigned to the AEC. Executive Order 11790 (1974) as amended, provides for implemen-tation of the Federal Energy Administration Act of 1974 and assigns responsibilities and authorities to the Administrator of the Federal Energy Administration. Executive Order 11921 (1976) amends Executive Order 11490, consolidating 21 other Executive Orders that assigned emergency preparedness functions to Federal departments and agencies. Executive Order 12148 (1979) assigns to FEMA functions formerly assigned to the Defense Civil Preparedness Agency (DCPA).. the Federal Disaster Assistance Administration (FDAA), and the Federal Preparedness Agency (FPA). Executive Order 12472 (1984) assigns responsibility for executing national security and emergency preparedness telecommunications functions. 3. Federal Preparedness Circulars FPC 60 provides COG planning guidance to Federal departments and agencies and assigns departments and agencies to one of three categories according to their responsibilitin ander national emergency conditions. FPC 61 provides guidance to Federal departments and agencies on establishing a succession-to-office list, which is intended to provide for an orderly transfer of apthority if the head of an agency is unable to function. FPC 62 provides guidance to Federal departments and agencies on the predalegation of emergency authorities. a i 10 d
NRC Aopendix 0601 NRC COG HANDBOOK I. SUCCESSION-TO-OFFICE Executive Order 11490, Part 2, Section 202, states that "each Federal department and agency will assure the continuity of its essential functions in any national security emergency and will take such actions as may be necessary to assure that its essential functions will be performed. These include provisions for succession to office,...." In addition, Section 161.S. of the Atomic Energy Act of 1954 (as amended) authorizes the Commission to " establish a plan for succession of authority which will assure the continuity of direction of the Commission's operations in the event of a national disaster due to enemy activity." i In accordance with the direction above, the Commission has established ts ? following official lines of succession for key positions: POSITION SUCCESSOR Chairman - Commissioners, in order of seniority
- Commissioners
- Commissioners, in order of seniority
- Executive Director
- Deputy EDO for Operations - Deputy Executive Director for Regional Operations - Assistant for Operations Director, Office of Nuclear - Deputy Director, NRR Reactor Regulation - Associate Director for Projects - Associate Director for Inspection and Technical Assessment Director, Office of Nuclear - Deputy Director, NMSS Material Safety and - Director, Division of Safeguards Safeguards and Transportation - Director, Division of Fuel Cycle, Medical, Academic and Commercial Use Safety
- If'all Commissioners are incapacitated or otherwise unable to act, the function of head of the agency will fall in succession to the EDO or the officials in order of precedence as listed, but excluding the Regional Administrators, unless the Headquarters location is no longer existent.
If none of these individuals is able to serve, the responsibility will fall to the Deputy EDO or to the deputies of the various offices in the same order of precedence. 11
4 NRC COG HANDBOOK NRC Aopendix 0601 POSITION SUCCESSOR Director, Office of Nuclear - Deputy Director for RES Regulatory Research - Deputy Director for Generic Issues - Director, Division of Engineering Director, Office for Analysis - Deputy Director, AE00 and Evaluation of Director, Division of Safety ? Programs Operational Data - Director, Division for Operational Assessment General Counsel - Deputy General Counsel for Licepring and Regulatior. - Deputy General Counsel for Hearings and Enforcement - Solicitor Director, Office of - Director, Congressional Governmental and Affairs Public Affairs - Director, Public Affairs - Director, State, Local, 'and Indian Tribe P*ograms Administrator, Region I* - Deputy Administrator - Director, Division of Reactor Projects - Director, Division of Reactor Safety Administrator, Region II* - Deputy Administrator - Director, Division of Reactor Projects - Director, Division of Radiation Safety and Safeguards Administrator, Region III* - Deputy Administrator - Director, Division of Reactor Projects - Director, Division of Reactor Safety
- In the event that the Headquarters' location is no longer existent, the Regional Administrator of the appropriate existing region in the order of precedence listed assumes authority for NRC Operations.
12
r----___-_.-- l 4 NRC Aprendix 0601 NRC COG HANDBOOK l i POSITION SUCCESSOR Administrator, Region IV* - Deputy Administrator - Director, Division of Reactor Safety and Safeguards - Director, Division of Reactor Safety and Projects Administrator, Region V* - Deputy Administrator - Director, Division of Radiation Safety and Projects - Director, Division of Radiation Safety and Safeguards J. EMERGENCY OPERATING LOCATIONS Emergency operating locations have been designated for each COG emergency team. The Alpha Team, when activated, will operate from the NRC Opsrations Center in the Maryland National Bank I Building in Bethesda, Maryland. Headquarters relocation i personnel will operate from a facility determined by FEMA. Regional relocation personnel will operate from FRCs. K. ACRONYMS AEA - Atomic Energy Act of 1954, as amended. AEC - Atomic Energy Commission AE00 - Analysis and Evaluation of Operational Data COG - Continuity of Government CRGR Committee to Review Generic Requirements DCPA - Defense Civil Preparedness Agency DOE - Department of Energy EDO - Executive Director for operations i FBI - Federal Bureau of Investigation FCDA - Federal Civil Defense Administration i l
- In the event that the Headquarters' location is no longer existent, the Regional Administrator of the appropriate existing region in the order of precedence listed assumes authority for NRC Operations.
j 13 l l
i 1 J NRC COG HANDBOOK NRC Aopendix 0601 FDAA - Federal Disaster Assistance Administration ) FEMA - Federal Emergency Management Agency FPA - Federal Prr.paredness Agency FPC 'ederal Preparedness Circular FRC - Federal Regional Center ISSD - Information Support Services Division NAWAS - National Warning Systen. NMSS - Huclear Material Safety and Safeguards NRC - Nuclear Regulatory Commission NRR - Nuclear Reactor Regulation NSC - National Security Council NSRB - National Security Resources Board OCDM - Office of Civil Defence Mobilization ODM - Office of Defense Mobilization OEP - Office of Emergency Preparedness RCT - Response Coordination Team RES - Office of Nuclear Regulatory Research 14
l l NRC CONTINUITY OF GOVERNMENT PLANNING GUIDANCE (SUPPLEMENT) A. INTRODUCTION I 1. Purpose i This supplement implements the NRC Continuity of Government (COG) Program described in Manual Chapter 0601. It describes agency actions in response to national security emergencies and assigns peacetime planning responsibilities. Region-specific planning requirements are noted where appropriate. The objective of the Federal COG Program is to ensure that essential government functions can be performed during naticaal security emergencies, including nuclear attack. In consonance with this objective, the NRC COG Program is intended to ensure that the NRC can carry out its responsibilities during such emergencies. 2. NRC Policy The NRC Wil respond to national security emergencies in coor-dination with other Federal agencies or on its own cognizance, as the situation merits. Because the NRC's responsibilities during national security emergencies are similar to those during peacetime emergencies, COG plans and procedures are based on those that have been developed for the Incident Response Plan (NUREG 0728-Rev. 1). 3. NRC Responsibilities NRC responsibilities in national security emergencies are set forth in Executive Order 11490 and Section 108, AEA as follows: Promote the development and maintenance of national security emergency preparedness programs by licensed facilities and activities. Order the suspension of any NRC license if such action is necessary to protect public health ind safety and/or the common defense and security; Modify NRC regulations or facility licenses as may be necessary to permit operation of facilities important to the naticnal defense; Assist the Department of Energy (DOE) in assessing damage to NRC-licenced facilities, identifying usable facilities, and estimating the time and actions required to restart inoperative facilities; Order the oper:ation or curtailed operation of any facility under Section 103 or 104, AEA; Enclosure 3
O' 4 I Order entry into any plant or facility in order to recapture special nuclear material or to operate such facility; Provide advice and technical assistance to Federal, State, and local officials regarding radiation hazards and protective actions to be taken in the event of a radiological emergency. 4. Assumptions NRC COG planning is based on the following assumptions: Strategic warning of nuclecr attack will provide enough time to activate and deploy headquarters and regional emergency teams; ~ Major cities, including Washington, D.C., and areas in the vicinity of NRC regional offices may be attacked; and NRC relocation personnel may be required to operate from alter-nate sites for extended periods. Natural disasters may be of such scope or potential gravity that a national emergency may be declared by the Congress. B. CONCEPT OF OPERATIONS The NRC headquarters Alpha Team wi!) manage the NRC's responce to national security emergencies unt'. ruch time as it can no longer ' function. When this happens, heavT.oarters relocation personnel will assume control of NRC operations. When headquarters relocation personnel can no longer function, authority will pass to the NRC regions in numerical order. 1. Alert Levels The Federal. Emergency Management Agency (FEMA) has established three alert levels to guide agency responses to national security emergencies: COMMUNICATIONS WATCH, INITIAL ALERT, and ADVANCED ALERT.* a. COMMUNICATIONS WA_TG Should COMMUNICATIONS WATCH be declared by FEMA, the NRC will consider taking the following actions: alert selected members of the NRC headquarters Alpha Team; I notify each Regional Administrator; dr.d establish continuous communications between headquarters and the regions. These alert levels were originally promulgated in Office of Emergency Preparedness (0EP) Circular 9410.C January 19, 1973. l _____2
b. INITIAL ALERT i Should INITIAL ALERT be declared by FEMA, the NRC will consider l taking the following actions: recall key employees on leave; brief Alpha Team members and' relocation personnel on the current situation; i curtail routine functions, as necessary; review emergency personnel assignments and contact lists; l prepare the operations centers at headquarters and in each of the regions to accommodate emergency team members; confirm transportation arrangements for relocation personnel; review policy concerning the release of information to the media and the public; and maintain contact with FEMA headquarters, as appropriate. c. ADVANCED ALERT Should ADVANCED ALERT be declared by FEMA, the NRC will consider taking the following actions: activate Alpha Team members and fully staff the emergency operations center at headquarters and in the regions on a 24-hour basis; deploy relocation personnel; provide guidance as necessary to State and local emergency offices (e.g., on response measures to consider'; ) l i review plans and procedures for passing operational responsibilities frora headquarters to relocation personnal at headquarters and in the regions; arrange for the dissemination of emergency information to licensees, the public, and the media; and establish contact with appropriate elements of DOE; and maintain contact, if possible, with FEMA headquarters and FEMA regions. _ _ _ _
( C. PEACET'IME PLANNING I To effectively carry out its role in the Federal COG Program, the NRC I will: establish emergency teams; establish'and maintain team rosters; maintain team operating procedures; conduct COG training, both intra-and inter-agency, as required; maintain emergency operations centers; maintain a vital records program; prepare a succession-to-office list; and pre-delegate emergency authority. These responsibii. ties are accomplished as follows: 1. Emergency Teams To support the Federal COG Program, NRC headquarters and each l region will establish an Alpha emergency team to operate from primary emergency operations centers. In addition, NRC headquarters and each region will designate relocation personnel to operate from alternate sites. NRC headquarters relocation personnel will operate from a facility determined by FEMA. Regional relocation personnel will operate from the nearest hardened Federal Regional Center (FRC), where they will be colocated with personnel from other departments and agencies. Alpha Team members and functions will'be based to the maximum possible extent on existing teams and functions described in the supplement to the Incident Response Plan. a. Alpha Teams NRC Alpha Teams will comprise: an Executiva Team *; a Legal Advisor; 1 l i
- Tne headquarters Executive Team includes the Chairman, the Executive I
Director for Operations, and the Directors of the Offices for Analysis and Evaluation of Operational Data, Nuclear Reactor Regulation, Nuclear Materials Safety and Safeguards, and Nuclear Regulatory Research. l Since the regions are expected to function in the same manner as for l peacetime emergencies (under the regional Supplement to NUREG-0845), i the regional emergency organization consists of a Base Team Manager with staff reporting to him. _ _ _ _
r-j l-Status Officers * (2); j l r a Response Coordination Team * (4); i a Liaison Team (4); i a Reactor Safety Team (4); a Protective Measures Team (4); and a Safeguards Team (4). The headquarters Executive Team will be the main de::ision-making body of the NRC. Regional emergency organizations will operate, to the extent practicable, in accordance with guidance provided by headquarters. Legal advisors will provide legal advice, as necessary, to the Executive Teams. Status Officers (at headquarters) and Emergency Response Coordinators (in regions) will be responsible for: collating status information provided by other team members; providing continuous updates to the Executive Team on the national security emergency; and preparing and providing status reports for relocation personnel. I Response Coordination Team members (at headquarters) and Emergency Response Coordinators (in each region) will be responsib1'e for: alerting and notifying emergency team members; providing administrative support to Alpha Team members; maintaining status information on the emergency at hand; and arranging for the transportation of relocation personnel to the appropriate alternate site.** Liaison Team members will be responsible fer: providing information to the public, as required; ar.d communicating with other Federal agencies and State govern-ments, as required.
- Headquarters only.
The functions of Status Officers and Response Coor-dination Team members will be assumed by Emergency Response Coordinators in each region.
- In Region V, this responsibility is performed by the Resource Manager.. _ _
Reactor Safety Team members will be responsible for: soliciting and consolidating information concerning reactor dafety; providing the Status Officer (Emergency Response Coordinators in each region) with current information on reactor safety; communicating with NRC licensees on reactor safety problems; and I advising the Executive Team on reactor safety matters. Protective Measures Team members will be responsible for: I consolidating information concerning radiological conditions { at, and in the proximity of, NRC-licensed facilities; providing recommendations to Executive Teams concerning protective measures at NRC-licensed facilities; reviewing protective actions with Federal, State, and local j governments; ^ helping licensees to take proper measures to minimize radioactive releases and personnel exposures; providing information to the Status Officer (Emergency Response Coordinator in each region); and advising the Executive Team on protective measures. Safeguards Team members will be responsible for: notifying law enforcement agencies of incidents resulting from attack, terrorism, or sabotage; assessing the impact of the national security emergency on plant security; maintaining contact with security personnel at NRC-licensed facilities; maintaining cognizance of safeguards activities; providing current information to the Status Officer (Emergency) Response Coordinator in each region); antt i l advising the Executive Team on safeguards matters, j i b. Relocation Personnel i I The main mission of NRC relocation personnel is to carry out i NRC responsibilities when A!;:ha Teams can no longer function. Upon receiving guidance from FEMA and 00E, NRC headquarters and each region will designate relocation personnel to operate from appropriate relocation sites. l
2. Team Rosters The Office for Analysis and Evaluation of Operational Data (AE00) and each Regional. Administrator will, for headquarters and each region, direct appropriate offices to designate emergency team members,* maintain emergency team rosters, provide official notification of assignments to emergency team members, review new and replacement emergency team members, and update rosters annually. Headquarters offices that designate emergency team members will notify AE00 of changes in team assignments as they occur. Regional offices designating einergency team members will notify the appropriate Regional Administrator of changes as they occur. AE0D and each Regional Administrator will ensure that individuals assigned to emergency teams have no conflicting assignments (e.g., military Reserve duty), and will maintain the following information on emergency team members: name; j team position; home, work, and temporary phone numbers; and 1 clearances. 3. Team Operating Procedures ** j a. Alerting and Notification. Procedures used to notify COG emergency team members will be based on procedures used to notify NRC Incident Response Team members. b. Shift Operations. During a national security emergency, NRC Alpha Teams will operate 24 hours a day (if required), working two 12.5 hour shifts. Each shift will overlap its successor by one half hour, providing time for members of one shift to provide a status q report to their replacements. c. Reoorting Requirements. The headquarters Alpha Team will provide status reports to headquarters relocation personnel and each regional Alpha Team twice a day (one summary will be prepared and transmitted by each shift). Regional Alpha Teams will provide status reports to regional relocation personnel twice a day. The { status reports will cover, at a minimum, significant NRC actions taken during the previous 12 hours ans potential actions that might J be taken.
- Two alternates will be assigned to each emergency team position.
- These procedures apply to Alpha Teams only.
Operating procedures for relocation personnel will be based on guidance provided by FEMA and DOE. i i
J i d. Action Tracking Procedures. Procedures used to track actions ) assigned to Alpha Team members will be similar to those used in j response to peacetime nuclear incidents. e. Communications Procedures. Records will be kept of all communica-tions during national security emergencies. As with an incident at i a nuclear power plant, procedures will ensure proper receipt and handling of all communications. f. Information Release Authority. All information related to official { NRC positions should be approved for release to outside entities by i the NRC Chairman or other NRC officials designated by the Chairman. { ~ g. Transportation. A major feature of the Federal COG Program is the deployment of relocation personnel to relocation sites. Each ~ agency participating in the Federal COG Program must therefore { ensure that its relocation personnel can deploy when required. AE0D and Regional Administrators will receive guidance frca FEMA on j a) optimal route (s), b) operations security requirements, and c) procedures for debarking and checking in at relocation sites. Based on such guidance, AE0D and offices designated by Regional Administrators will make arrangements for the transportation of relocation personnel to relocation sites. Transportation procedures will specify: j who is responsible for providing transportation; where relocation personnel assemble for relocation (if appro-priate); primary and alternate transportation routes (if appropriate); special operations security requirements; and what relocation personnel do when they reach their emergency operating site. 1 4. Traininq Through participation in Incident Response exercises and radio-j logical emergency preparedness exercises, NRC personnel receive training on their peacetime emergency responsibilities. Many elements of this training have direct applicability to response ) during national security emergencies (e.g., the activation of the I Executive Team). t } i Supplementary training will be provided by AE0D to better prepare NRC COG emergency team members to carry out tasks that are unique to national security emergencies. In addition, AE00 will design { and periodically conduct NRC table-top exercises with regional participation as necessary. Table-top exercises will emphasize j decisions that senior NRC officials may have to make durira j 1 national security emergencies. AEOD will determine which hRC staff members should participate in these table-top exercises. l 1
5. Emergency Operations Centers AE00 staffs and maintaios the Operations Center in the Maryland National Bank Building in Bethesda, Maryland. This Operations Center is staffed 24 hours a day, 365 days a year. Regional offices staff and maintain their own Incident Response Centers from which to conduct emergency operations. Headquarters relocation personnel will annually visit and inspect the relocation facility designated by FEMA. AE00 will coordinate such visits with appropriate FEMA staff members. Regional reloca-tion personnel will visit and inspect appropriate FRCs at least biennially. Regional Administrators will coordinate such visits with the appropriate FEMA region. Visits to relocation sites will: confirm adequate space to accommodate relocation personnel; verify the accessibility of vital records; familiarize relocation personnel with the environment in which they will have to operate; and expose relocation personnel to databases and communications equipment available for use at relocation sites. 6. Vital Records NRC records essential to amergency operations are designated Emergency Ope ^ rating Records. The NRC Vital Records Program has been established to ensure that these records are available for use during emergencies, both at primary peacetime operating locations and alternate operating sites. NRC headquarters maintains NRC vital records and will provide each NRC region with copies. The Office of Administration and Resources Management (0 ARM) manages the NRC Vital Records Program and will provide guidance as appropriate. 7. Succession-to-Of fice Tc ensure continuity of leadership witain the NRC, the following line of succession te the Chairman has been established and is as follows: Commissioners (by order of seniority); Executive Director for Operations; Director, Office of Nuclear Reactor Regulation; Director, Office of Nuclear Material Safety and Safeguards; Director, Cffice of Nuclear Regulatory Research; Director, Office for Analysis and Evaluation of Operational I Data; 9_ L
C - . General Counsel; Director, Office of Governmental and Public Affairs; Regional Administrator, NRC Region I*; l Regional Administrator, NRC Region II*;_ Regional Administrator, NRC Region III*; Regional Administrator, NRC Region IV*; and Regional Administrator, NRC Region V*. I In addition,~ Federal Pre?aredness Circular (FPC) 61 requires that a line of succession to key positions at headquarters and in the { regions be established. See Manual Chapter 0601 for implementation of this requirement. AE0D'will maintain consolidated lists of succession assignments for headquarters and each region. Regional' Administrators will maintain' lists of successors to key positions within each region. 8. Pre-delegation of Emergency Authority The Chairman of the Commission has the authority to act for the Commission'during peacetime emergencies. Similar authority is needed during national security emergencies. Moreover, because of the potentially increased workload during a national security emergency, the Chairman may find it desirable to delegate authority to other NRC officials, including Regional Administrators and other key officials. As specified in FPC 62, pre-delegations will: state the authority being delegated, including limitations on the exercise of such authority; and indicate the circumstances under which such authority becomes effective and when it is terminated. i
- Succeeds to leadership of the NRC only if the headquarters is no longer existent, and then-in the order of precedePee listed.
i i l i i
i [7590-01] NUCLEAR REGULATORY COMMISSION i 10 CFR PART 50 Licensee Action During National Security Emergency ~~ AGENCY: Nuclear Regulatory Commission. ACTION: Proposed rule.
SUMMARY
- The Nuclear Regulatory Commission proposes to amend its regulations to allow a licensee to take action that departs from his/her technical specifi-cations in a national security emergency.
Such action may be immediately needed to implement national security objectives as designated by the national command authority through the NRC. DATE: Comment period expires (30 days after publication). Comments received after this date will be considered if it is practical to do so, but the Commis-sion is able to assure consideration only for comments received on or before this date. ADDRESSES: Mail written comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, Attention: Docketing and Service Franch. Deliver comments to: Room 1121, 1717 H Street, N.W. Washington, D.C. between 7:30 a.m. and 4:15 p.m. Federal workdays. 4 e
.W 2 i ): FOR FURTHER INFORMATION CONTACT: Joan Aron, Assessment and -Evaluation of Operational Data, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555. Telephone (301) ret.9001. SUPPLEMENTARY INFORMATION:
Background
Section 50.54 " Conditions of licenses" contains a provision permitting a licensee to'take reasonable action that departs from a license condition er a technical specification (contained in a license issued under this part) ~ in an emergency when this action is immediately needed to protect the public health and safety and no action consistent with license conditions and tech-nical specifications that can provido adequate or equivalent protection is immediately apparent. However, this provision does not apply to a national security emergency. The proposed addition would allow a lic'nsee to take action that departs from his/her technical specifications in a i3tional emer-ger:cy when this action is immediately needed to implement national security objectivas as directed by the national command authority through the NRC. I I . Enviror. mental impact: Categorical Exclusion The NRC has determined that this proposed regulation is the type of action described in categorical exclusion 10 CFR 51.22 (c)(2). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this proposed regulation.
3 Paperwork Reduction Act Stataaent This proposed rule does not contain a new or amended information collection requirement subject to The Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). Existing requirements were approved by The Office of Management and Budget approval number 3150-0011. Regulatory Analysis The Commission previously has granted authority pursuant to 10 CFR 50.54(x) to nuclear power reactor licenmees to take reasonable action that departs from a license condition or a technical specification in an emergency when the action is immediately necessary to protect the pubiic nealth and safety and no action consistent with license conditions and technical speci-fications that can provide adequate or equivalent protection is immediately apparent. This propssed rule will provide the sam flexibility to licensees, but for the purpose of attzining national security objectibes during a declared l l national emargency due to nuclear war or natural disaster. TN proposed change j does not significantly impact state and local governments and geographic loca-tions; health, safety, and the environment; or costs to licensees, the NRC, or other Federal Agencies. The prcposed rule does impact.the common defense f and security of the United States and is, t'ien fore, necessary. This consti-l l l tutes the cegulatory analysis for this proposed rule. 1 l 1 1 m
{ 4 Regulatory Flexibility Certification i As required by the Regulatory Flexibility Act of 1980, 5 U.S.C. 605(b), The Commission certifies that this rule, if adopted, will not have a i significant economic impact upon a substantial. number of small entities. The proposed rule affects only licensing and operation of nuclear power I plants. The companies that own these plants do not fall within the scope { of the 6efinition of "small entities" set forth in the Regulatory Flexibil-ity Act or the Small Business Size Standards set out in Regulations issued by the Small Business Administration in 13 CFR Part 121. Because these companies are dominant in their service areas, this proposed rule does i not fall within the purview of the Act. Backfit Analysis l The NRC has determined that the backfit rule, 10 CFR 50.109, does not apply to this proposed rule, and therefore, that a backfit analysis is not required for this proposed rule, because these amendments do not involve any provisions which would impose backfits as defined in 10 CFR 50.109(a)(1). List of Subjects in 10 CFR Part 50 Antitrust, Classified Information, Fire Protection, Incorporation by Reference, Intergovernmental Relations, Nuclear power plants and reactors, Penalty, Radiation protection, Reactor siting criteria, Reporting and recordkeeping requirements, _______.._______.___.O.-
4 5 For the reasors set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, The Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 553, the NRC is proposing to adopt the following amendment to 10 CFR Part 50. 1 PART 50 DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES 8 1. The authority citation for Part 50 is revised to read as follows: AUTHORITY: Secs. 102, 103, 104, 105, 161, 182, 183, 186, 189, j 68 Stat. 936, 937, 938, 948, 953, 954, 955, 956, as amended, sec. 234, \\ 83 Stat. 1244, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2201, 2232, 2233, 2235, 2236, 2239, 2282); secs. 201, as amended, 202, 200, l 88 Stat. 1242, as amended, 1244, 1246, (42 U.S.C. 5841, 5842, 5846). Section 50.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 2951 i (42 U.S.C. 5851). Sec. 50.10 also issued under secs. 101, 185, 68 Stat. 936, j i 955, as amended (42 U.S.C. 2131, 2235); sec. 102, Pub. L. 91-190, 83 Stat. 853 l (42 U.S.C. 4332). Sections 50.13 and 50.54(dd) also issued.under sec. 108, 68 Stat. 939, as amended (42 U.S.C. 2138). Sections 50.23, 50.35, 50.55, and i 50.56 also issued under sec. 185, 68 Stat. 955 (42 U.S.C. 2235). Sections 50.333, j 50.55a and Appendix Q also issued under sec. 102, Pub. L. 91-190, 83 Stat. 853 l l (42 U.S.C. 4332). Sections 50.34 and 50.54 also issued under sec. 204, 88 Stat. 1245 (42 U.S.C. 5844). Sections 50.58, 50.91 and 50.92 also issued l s .__.,_,.m
6 under Pub. L. 97-415, 96 Stat. 2073 (42 U.S.C. 2239). Section 50.78 also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). Sections 50.80-50.81 also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234). Appendix F also issued under sec. 187, 68 Stat. 955 (42 U.S.O. 2237). For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273), SS50.46(a) and (b), and S0.5a(c) are issued under sec. 161b, 68 Stat. 948, as amended (42 U.S.C. 2201(b)); S$50.7(a), 50.10 (a)-(c), 50.34(a) and (e), 50.44(a)-(c),50.46(a)and(b),50.47(b),55.48(a),(c),.(d),and(e),50.49(a), 50.54(a)(1), (i)(1), (1)-(n), (p), (q), (t), (v), and (y), 50.55(f), 50.55a(a), (c)-(e), (g), and (h), 50.59(c), 50.60(a), 50.62(c), 50.64(b), and 50.80(a) and (b) are issued under sec. 161i, 68 Stat. 949, as amended (42 U.S.C. 2201 (i)); and SS50.49(d), (h), and (j), 50.54(w),(z),(bb),(cc), and (dd), 50.55(e), j 50.59(b), 50.61(b), 50.62(d), 50.70(a), 50.71(a)-(c) and (e), 50.72(a), 50.73(a) and (b), 50.74, 50.78, and 50.90 are issued under sec. 161(o), 68 Stat. 950, l as amended (42 U.S.C. 2201(o)). l 2. In 650.54, a new paragraph (dd) is added to read as follows: 650.54 Conditions of licenses. l a a n (dd) A licensee may take reasonable action that departs from a licensee ~ condition or a technical specification (contained in a license issued under 1
i 7 this part) in a national security emergency when this action.is immediately needed to implement national security objectives as directed by the national command authority through the NRC. A national security emergency is estab-lished by a law enacted by the Congress or by an order or directive issued by the President pursuant to statutes or the Constitution of the United i States. The discretionary authority under this paragraph is in addition to the authority granted under paragraph (x) of this section, which remains in effect unless otherwise directed by the Commission during a national security emergency. Dated at Betnesda, Maryland this ____ day of , 1988. For the Nuclear Regulatory Commission ) l i i i Victor Stello, Jr. Executive Director for Operations ) ) i l 1 i i l .}}