ML20245H894

Summarizes CRGR Meeting Number 151 on 881117 Re Review of Proposed Amend to 10FR50.54 to Allow Licensees to Take Action That Departs from Approved Facility Tech Specs. Meeting Agenda & Draft Final Rule Encl

ML20245H894
Person / Time
Issue date:	11/28/1988
From:	Jordan E Committee To Review Generic Requirements
To:	Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
Shared Package
ML20245D214	List: ML20245D209 ML20245E978 ML20245H531 ML20245H585 ML20245H894 ML20245H911
References
FRN-54FR7178, RULE-PR-50 AC83-2-09, AC83-2-9, NUDOCS 8905030565
Download: ML20245H894 (16)

Text

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4Cas SF x Novemoer 28, 1988 Dk MEMORANDUM FOR: Victor Stello, Jr.

Executive Director for Operations FROM: Edward L. Jordan, Chairman Committee to Review'Ceneric Requirements SUBJEC';

MINUTES OF CRGR MEETING NUM8ER 151 The Committee te Peview Generic Requirements (CRGR) met on Thursday, November 17, 1968 from 1-5 p.m. A list of attendees for.this meeting is attached (Enclosure 1). The following items were addressed at the meeting:

1.

G. Zech (AEOD) presentea for CRGR review a proposed amendment to 10 CFR. Part 50.54 to allow licensees to take action that departs from approved facility technical specifications in the event of a national security emergency. 'The Committee recommended that the proposed w endment be issued by the.EDO as an immediately effecti\. rule, subject to minor revisions 't; be coordinated with the CRGR staff). This matter is discussed 'n Enclosure 2.

2.

A. Thadani (NRR) and P. Gill (NRR) pretented for CRGR review a proposed NRC Bulletin, "Non-Conforming Molded-Case Circuit Breakers," requesting that licenecas take actions to reasofiably assure that safety.related.

molded-case circuit breakers are able to perform their intended safety function. The Committee recommended in favor of' issuing the proposed bulletin, subject to several clarifications and modifications to be coordinates .'ith the CRGR staff. This matter is discussed in Enclosure 3.

In accordance w 2 the ED0's July 18, 1983 direct 1ve concerning " Feedback and Closure of CRGP Scviews," a written response is required from the cognizant office to report agreement or disagreement with the CRGR recommendations in these minutes. De response, which is required within five working days after receipt of these icinutes, is to be forwarded to the CRGR Chairnan and if there is disagreement with CRGR recommendations, to the ED0 for decisionmaking.

Questions cancei".ag these meeting minutes should be referred to Jim Conran (492-9855).

Diisinal Signed Sy:

Ef [.: 3crdari Edward L. Jordan, Chairman Committee to Review Generic Requirements

Enclosures:

As stated 89b5030565 890417 cc: See next page PR 1 /4/ -

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NAME .. r g $CJHkitemes[ELJoraan i i .'

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11A /88 114/88 .

0FFICIAL RECORD COPY

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cc w/ enclosures:

Commission (5)

SECY Office Directors I Regional Administrators CRGE Members W. Parler L. Spessard L. Shao A. Thadani P. Gill G. Zech E. Rossi C. Berlinger Distribution: w/o enc.

Central File PDR (NRC/CRGR)

S. Treby W. Little M. Ler,ar P. Kadambi (w/ enc.)

CRGR CF (w/ enc.)

CRGR SF (w/ enc.)

P,. Taylor (w/ enc.)

E. Jorcan (w/ enc.)

.1 Heltemes (w/ enc.)

J. Conran (w/ene.)

C. Sakenas (w/ enc.)

Enclosure 1 ATTENDANCE LIST CRGR MEETING NO. 151 November 17, 1988 CRGR E. Jordan R. Bernero R. Hoefling (for J. Goldberg)

D. Ross J. Sniezek C. Paperiello NRC STAFF J. Conran C. Sakenas G. Zech ~

D. Solorio E. Rossi P. Gill F. Rosa B. Grimes J. Guillen C. Berlinger B. Brach U. Potapovs J. Stone l

Enclosure 2 to the Minutes of CRGR Meetino No. 151 Proposea Amenament to 10 CFR 50.54 (National Security Emercanc_v)

Novemoer 17, 1988 _

TOPIC G. Zech (At00) presented for CRGR review a proposed amendment to Part 50.54 to allow licensees to take action that departs from approved plant Technical Specifications in a national security emergency. The review package itself (see attachment to this enclosure) was used by the staff to guide their presentation and the discussions with the Committee at this meeting.

BACKGROUND The package provided for review by CRGR in this matter consisted of the following documents:

1.

Proposed Federal Reoister Notice, including proposed new paragraph 50.54(dd), Summary of Public Comment on Draf t Rule, and the Regulatory Analysis for this proposed action.

2. Draft letter, E.

L. Jordan to V. Stello, Jr. , re: " Publication of Final Rule Regarding Licensee Action During National Security Emergency" CONCLUSIONS / RECOMMENDATIONS As a result of their review of this matter, including the discussions with the staff at this meeting, the Committee recommended in favor of issuance of the proposed amendment by the EDO as an im ediately effective rule, subject to the following modifications (to be coordinated with the CRGR staff):

1.

At pcgo 3 (first paragraph), page 4 (first and third paragraphs), and page 6 (middle of first paragraph) in the proposed Federal Reoister Notice (FRN), change the term " .. national emergency..." to ". . national security emergency...", as discussed in the meeting.

2.

At page 4 (line 4) and page 6 (line 9) of the proposed FRN, insert 3 period after the term "

. declared national (security) emergency." sad delete the remaining words in those sentences.

3.

At page 6 (line 10) of the proposed FRN, change to read as follows:

"The final rule does not significantly impact. .

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At page 6, in the penultimate sentence of the first paragraph, change the wording of the end of the sentence to read as follows: 3

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...because it would assist in maintaining the public health and safety in a national security emergency, during which deviations from approved facility technical specifications by licensees on their own judgment may be appropriate."

5.

At page 9 of the proposed FRN, in the fourth line of the new paragraph 50.54(dd), insert a period after the word "... objectives...", and delete the remaining words in that sentence, i

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NUCLEAR REGULATORY COMMISSION

, 10 CFR PART 50 Licensee Action During National Security Emergency AGENCY: Nuclear Regulatory Commission 1

^ ACTION: Final rule I

SUMMARY

The Nuclear Regulatory Commission is amencing its regulations.to allow a licensee to take action that departs fr-om approved technical specifications in a national security emergency. The amendment is necessary to specify in the regulations that for a national security emergency a licensee is permitted to take a needed action although it may deviate from technical specifications.

This amendment will allow the licensee to implement national security objectives as designated by the national command authority through the NRC.

EFFECTIVE DATE:

1 FOR FURTHER INFORMATION CONTACT: Joan Aron, Office for Analy' sis and i Evaluation of Operational Data, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555. Telephone (301) 492-9001.

I Attachment to Enclosure 2 i

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2 SUPPLEMENTARY INFORMATION:

Background

On April 1, 1983, the Commission published in the Federal Register (48 FR 13966), a final rule that set out S 50.54 of 10 CFR entitled,

" Conditions of Licenses," that contains a provision permitting a licensee to take reasonable action that departs from a license condition or 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 technical specifications that can provide adequate or equivalent pro-tection is immediately apparent. However, this provision does not apply to a national security emergency.

The final rule in this notice allows a licensee to take action that departs from approved technical specifications 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.

The rule was published for comment on July 19, 1988 (53 FR 27174). A thirty-day comment period expired on August 18, 1988. Comments were received from four respondents.

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3 Summary of Public-Comment A summary of the public comments follows:

(1) Flexibility.

One commenter, writing on behalf of the nuclear power i industry, supported the proposed amendment, stating that it provides licensees with desiracle regulatory authority and operational flexibility,,to accommodate s o.5 exigencies that may be associated with a declared national emergency.

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(2) Need for the amendment. One commenter questioned the need for the proposed amendment, claiming that 10 CFR secs. 2.204, 50.54(x), and 50.103 offer more than enough authority to permit a licensee to deviate from technical specifications during a national emergency when such action is needed to implement n tic al security objectives.

The final rule does not duplicate existing requirements. 10 CFR sec 2.204 deals with the Commission's ability to issue an order for modification of a licensee and sec. 50.103 deals with the Commission's ability to suspend a license, recapture special nuclear material or order the operation of a f acility during a state of war or national emergency. Sec. 10 CFR 50.54(x) grants authority to nuclear power plant licensees to take reasonable action that departs from a license condition or a technical specification in an emergency when such action is necessary to protect public health and safety and I

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4 no action consistent with license conditions and technical specifications that can provide adequate or equivalent protection is immediately apparent. The amended rule provides the same flexibility te licensees but for the purpose of

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attainingnationalsecurityobjectivesduringadeclarednationalemerg]encyfn d to auclear =r or natm oi-44 aster.

(3) Implementation.

One commenter questioned the lack of discussion relative to implementation requirements and suggested a delay in issuing the i

final rule until proper implementation guidance can be formulated.

l The final rule provides a basis for the licensee to take action in i secM accordance with governmental directives during a declared national, emergency.

Such governmental directives will be issued by the national command authority w-T througn 4"r "RC in the event of a declared national emerg'ency. More definitive guidance concerning implementation will be formulated by the appropriate federal agencies and will be issued some time in the future.

(4) Definition of a " national security emeroency." One commenter requested definition of a " national security emergency."

NRC Manual Chapter 0601, Continuity of Government Program, approved June 30, 1988, defines a national security emergency as "any occurrence, including nuclear attack, a national disaster, or other emergency, which seriously degraces or seriously threatens the national security of the United States or I

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has been declared by the Congress." A national security 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.

(5) Reporting requirements. One commenter suggested that sec. 10 CFR 50.73(a)(2)(c) be revised to' include the reporting requirements of the amended section 50.54(dd).

At present, there are no reporting requirements included in section 50.54(dd) '

and,none are contemplated for the .immediate future. Thus, there is no need to revise section 10 CFR 50.73(a)(2)(c).

Environmental Impact: Categorical Exclusion The NRC has determined that this final regulation is the type of action described in categorical exclusion 10 CFR 51.22 (c)(2). Thereior1, neither an environmental impact statement nor an environmental assessment has been prepared for this proposed regulation.

Paperwork Reduction Act Statement This final rule does not contain a new or = mended 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.

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Regulatory Analysis

.j The Commission previously has granted authority pursuant to 10 CTR $

50.54(x) to nuclear power reactor iicensees to take reasonable action' that i

departs from a license condition or a technical specification in an emergency when the action is immediately necessary to protect the public health and i

safety and no action consistent with license conditions and technical speci-fications that can provide adequate or equivalent protection is immediately apparent.

This final rule will provide the same flexibility to licensees

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for the purpose of attaining national security objectives in accordance with vs0 governmental directives during a declared national emerg'ency,&c te nuuiear

, ~9 we nutaturaldisaster. The final change does not significantly impact state and' local governments and geographic locations; health, safety, and  ;

i the environmer.t; or costs to licensees, the NRC, or other Federal agencies.

The final rule is in the interest of the common defense and security of Irh 7 i

the United States because it would' assist -t-MpiRRC in maintaining the public i

health and safety in a national security emergency,during which some deviation a ., I u., n n ~ .<~~ , " " ~ {

from facility technical specifications ,may be appropriate. )

This constitutes '

the regulatory analysis for this final rule.

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Regulatory Flexibility Certification As required by the Regulatory Flexibility Act of 1380, 5 U.S.C. 605(b),

the Commission certifies that this rule will not have a significant economic impact upon a substantial number of small entities. The proposed rule affects l

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7 only licensing and operation of nuclear power plants. The companies that own these plants do not fall within the scope of the definition of "small entities" set forth in the Regulatory Flexibility Act or the Small Business Size Standards set out in' regulations issued by the Small Business Administration at 13 CFR Part 121.

Because these companies are dominant in their service areas, this rule does not fall within purview of the Act.

Backfit Analysis The NRC has determined that the backfit rule, 10 CFR 50.109, does not apply to this rule and, therefore, that a backfit analysis is not required for this 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 reactor, Penalty, Radiation protection, Reactor siting criteria, Reporting and recordkeeping requirements.

For the reasons set out in the preamble and under the authority of the Atomic Energy Act of.1954, as amenced, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 553, the NRC is adopting the following amendment to 10 CRF Part 50.

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.PART 50 DOMESTIC LICENSING OF PRODUCTIDN AND UTILIl L  !

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The authority citation for Part 50 is revised to read as follows:

AUTHORITY:

l Secs. 102, 103, 104, 105, 161, 182,.183, 186, 189, 68 Stat. 936, 937, 938, 948, 953, 954, 955, 956, as amended, sec. 234, 83 $ tat.

1244, as amended (42 U.S.C. 2132, 2133, 2134, 2135,'2201, 2232, 2233, 2236, 2239, 2282); secs. 201, as amended, 202, 206, 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 (42 U.S C. 5851).

Sec. 50.10 also issued under secs. 101, 185, 68 Stat. 936c 955 as amended (42 U.S..C. 2131, 2235), sec. 102, Pub. L.91-190,-83 Stat. 853 (42 U.S.C. 4332).

Sections 50.13 and 50.54(dd) also issued under sec. 108, 68 Stat. 939, as amendeo (42 U.S.C. 2138). Sections 50.23, 50.35. 50.55, and 50.56 alse issued under sec. 185, 68 Stat. 955 (42 U.S.C. 2235). 3ections 50.33a, 50.55a and Appendix Q also issued under sec.102, Pub. L.91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.34 and 50.54 also issued under sec. 204, 88-St8t. 1245 (42 U.S.C. 5844). Sections 50.58, 50.91 and 50.92 also issued under Pub. L.97-415, 96 Stat. 2073 (42 U.S.C. 2239). Section 30.80 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). Section 50.103 also issued under sec. 108, 68 Stat. 939, as amend (42 U.S.C. 2138). Appendix F also issued under sec. 187, 68 Stat 95o (42 U.S.C. 2237). For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273), 6$50.46(a) and (b),

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and 50.54(c) are issued under sec. 161b, 68 Stat. 948, as amended (42 U.S.C.

2201(b)); SS50.7(a), 50.10 (a)-(c), 50.34(a) ana (e), 50.44(a)-(c), 50 46(a) and (b), 50.47 (b), 50.48(a), (c), (d), and (e), 50.49(a), 50.54(a)(i), (i)(1),

(1)-(n), (p), (q), (t), (v), and (y), 50.5F(f), 50.55a(a), (c)-(e), (g),

and (b), 50.59(c), 50.60(a), 50.62(c), 50.64(b), and 50.80(a) and (b) are issueo under sec. 1611, 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),

i 50.59(b), 50.61(b), 50.62(d), 50.70(a), 50.71(a)-(c) and (e), 50s 72(a) 50.73(a)  ;

and (b), 50.74, Sla.78, and 50.90 are issued under sec. 161(o), 68 Stat. 950, I as amended (42 U.S.C. 2291(o)).

2.

In S50.54. a new peragraph (dd) 1s added to read as follows:

650.54 Conditions of licenses.

(dd) A licent.ee 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 directed by the national cummand authority,thidatfrLtMb.-Cbnetsmon.

A national security emergency is established by a law enacted by the Congress or by en oMer or directive i

issued by the President pursuant to statutes or the Constitution of the United '

States. The discretionary authority under this paragraph is in addition l

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10 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 Rockville, Maryland this day of , 1988.

For the Nuclear Regulatory Commission.

Victor Stello, Jr.,

Executive Director for Operations i

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w f[a.s aro ,h, yj s., < g UNITED STATES NUCLEAR REGULATORY COMMISSION )

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• ,, WASHINGTON, D. C. 20555 a

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• .... i MEMORANDUM FOR: Victor Stello, Jr.

Executive Director for Operations FROM: Edward L. Jordan, Director Office for Analysis and Evaluation i of Operational Data

SUBJECT:

PUBLICATION OF FINAL PULE REGARDING LICENSEE ACTION NATIONAL SECURITY EMERGENCY Comments have been received on the proposed rule published on July 18, 1988, regarding Licensee Action During, National Security Emergency. These comments have been addressed in the enclosed final rule. This is to request that you sign the Federal Register Notice and forward it to the Division of Rules and Records (ARM) for transmittal to the Federal Recister.

Edward L. Jordan, Director Office for Analysis and Evaluation of Operational Data

Enclosure:

As stated I

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