ML20247G472

Intervenor Exhibit I-MAG-60,consisting of 871022 Memo Forwarding Overview of FEMA Radiological Emergency Plan Program

ML20247G472
Person / Time
Site:	Seabrook
Issue date:	04/07/1989
From:	Krimm R Federal Emergency Management Agency
To:	Federal Emergency Management Agency
References
RTR-NUREG-0654, RTR-NUREG-654 OL-I-MAG-060, OL-I-MAG-60, NUDOCS 8905300410
Download: ML20247G472 (7)

Text

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OCT 2 21987 '89 MM 23 P3 :07 om: .

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un MEMORANDUM FOR: NTH Division Chiefs FROM: r /

Assistant Associate Dimetor Office of Natural and Technological Hazards Programs 1

SUIUECT: Overview of FEMA's REP Program Attached is an overview of the REP Program. The purpose of its development  !

was to establish a "boile& plate" overview of FEMA's REP Program for your infomation and use. The need for such a document was identified i recently when Region IX had to sutrait a written summary of the REP Program l

'to California's legislature.

I believe this Overview will provide more uniformity both in our understanding of the REP Program and in preparing written and oral presentations for various organizations. I want to call your attention to the section " FEMA's 350 Process", on page 4, wherein both interim findings under our FD4A/NRC

. Memorandum of Understanding (MOU) and formal findings under 44 CFR 350 are addressed. We should consistently refer to interim findings not as a separate process for evaluating emergency planning and preparedness, but as an integral part of the 350 process.

Attachment As Stated

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,, August 13, 1987 OVERVIEW OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S (FDM)

RADIOLOGICAL DERGEtCY PREPAREDNESS (REP) PROGRAM INITIATION OF PEMA REP PROGRAM Following the March 1979 7MI accident, President Carter established the Connission on the Accident at Three Mile Island. Commission responsibilities included con-ducting a comprehensive study and investigation of the 'JMI accident and making reccramendations based upon the Commission's findings, including recorrmendations related to emergency preparedness and response. The Carmnission's basic finding concerning emergency preparedness was that planning by the utility, the State of Pennsylvania, the involved counties and the Federal government was inadequate for coping with this accident. The Commission set forth recommendations for improving the capabilities of utilities and governments at the Federal, State and local levels in planning for and responding to commercial power plant acci-dents. One of. these reconnendations was that FEMA should be given the Federal lead role for offsite radiological emergency planning and response. . Based on the Cennission's recommendation and FEMA's lead role with the Federal government in coordinating Federal emergency management activities for all types of emergen-cies (Executive Order 12148), the Federal lead role for offsite radiological emergency activities was transferred from the Nuclear Regulatory Conmission (NRC) to FEMA through a Presidential Directive on December 7, 1979.

FOUNDATION FOR A JOINT (FEMA /NRC) REP PROGRAM Following FEMA assuming the lead Federal role in offsite radiological emergency planning and preparedness, the Congress, NRC and FEMA initiated actions that established the legal and regulatory foundation for a joint FENA/NRC REP program.

A description of these actions follows.

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Publication of FEMA Rules. MMA established the regulatory basis for its REP program through the publication of rules 44 CFR 150 (6/24/80) and 44 CFR 351 4 (10/22/80)in the Federal Register. Proposed rule 44 CPR 350 established the  !

procedures and policies for FEMA's review, evaluation and approval of State and i local government radiological emergency plannintand preparedness for cennercial nuclear power plant accidents. This rule was" subs'equently published in proposed fem again on 8/19/82, and as a final rule on 9/28/83.

FEMA regulation 44.SFR 351 was initially published on 10/22/80, for interim use and public ccanent regarding assigning Federal agency responsibilities ,

for assisting State and local governments in emergency planning and preparedness i for all types of peacetime radiological incidents. The regulation was subs ently published as a final regulation in the Federal Register on 3/11/82. ral organizations assigned responsibilities include: Department of Comerc 4 De of Defense, Department of Energy, Department of Health and Human Se , nt c as mE

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of Transportation, Environmental Protection Agency, NRC and the U.S. Department of Agriculture.

This regulation establishes two fomal mechanisms for coordinating the provision of Federal assistance to State and local governments: The Federal Radiological Preparedness Coordinating Ccmittee (FRPCC) for coordinating Federal agency activities at the national level and the 10 Regional Assistance Comittees (RAC) at the Federal Regional level. Subsequent to the publication of this final regulation, the Department of Interior became a member of the FFLDCC and each of the RAC's.

I NRC Appropriation Authorization. Congress, through the 1980 NRC Appropriation Authorization (P.L.96-295, 6/30/80), established a new legal basis for the licensing of cmmercial nuclear power plants with respect to the role of emergency planning and preparedness. (1) Adequate emergency planning and preparedness (including cffsite) was made a condition of licensure. (2) The criterion of

" reasonable assurance" was established as the basis for making determinations on the adequacy of offsite preparedness. (3) The NRC was required to consult with FEMA in making licensing determinations. (4) The basis was established for licensing camercial nuclear power plants with State, local or utility emergency response and preparedness plans. (5) Congress, through this Authori-zation, directed the President to prepare and publish a National Contingency Plan which would provide for an expeditious, efficient and coordinated Federal response to an accident at a conmercial nuclear power plant. This legislation established the legal basis for a new Federal approach to licensing comercial nuclear power plants with far-reaching implications for Federal, State and local governants and licensees. Of the five provisions highlighted above, items 1, 2 and 4 have been incorporated into subsequent NRC Appropriation Authorizations (P.L.97-415 on 1/4/83, and P.L.98-553 on 10/30/84).

NRC Regulation Amendment. An amendment was published to NRC regulation 10 CFR 50 (Appendix E) and 10 CFR 70, on 8/19/80, for the purpose of upgrading its emergency planning regulations. This amended regulation incorporated the 1980 NRC Appropriation Authorization provision by requiring utilities to submit to the NRC their offsite emergency response plans as well as those of related State and local governments when making application for a license. While the NRC does have legislative authority to require util'ities to submit emergency '

response plans and implement preparedness measures, neither the NRC nor FEMA, ,

under their respective legislation and regulations, have the authority to require  !

State and local govgrnents to participate in radiological emergency planning and preparedness for ecumercial nuclear power plant accidents. ,

Publication of Joint (FEMA /NRC) Guidance. FEMA and the NRC jointly published tneir guidance document, NURED-0654/ FEMA-REP-1, Rev.1, in November 1980.

This documnt contains the established Federal criteria for evaluating offsite (utility, State and local government) radiological emergency planning 1

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• 1 FD4A/NRC Memoranda of Understanding (MOU). On 12/16/80, FEMA and the NRC j publisned in the Federal Register two separate MOU's: (1) "Mmorandum of l Understanding Between NRC and FD4A Relating to Radiological Emergency Plan- l ning and Preparedness" and (2) "MOU Between the Federal Emergency Management i Agency and the Nuclear Regulatory Carmission for Incident Response." These two MOU's provide the general framework of cooperation between FEMA and tEC for their respective responsibilities and roles for both radiological emergency planning and preparedness and radiological emergency response to radiological incidents. The MOU (on Planning and Preparedness) provides the specific framework for F94A's support to NRC's licensing process through which FD M provides findings on the adequacy of offsite planning and prepared-ness. "hese findings are used by the NRC in making licensing determinations.

The linkage of FS4A's REP program with the NRC licensing process provides significant leverage in securing the participation of utilities and State and local governments in integrated radiological emergency planning and preparedness for commercial nuclear power plant accidents and participation by State and local governents in FD4A's voluntary "350" program. "he MOU on radiological emergency planning and prepar' dness was revised and reissued on 4/18/85.

Federal Response Planning;. In response to Congress directing the President to prepare and publish a National Contingency Plan under the 1980 tEC Appropriation Authorization, the President delegated responsibility for this Plan to the Director of FE!% in Executive order 12241 on 9/29/80, and directed that the Plan be published periodically in the Federal Register.

Accordingly, F94A published the " National Radiological Emergency Preparedness /

Response Plan for Comercial Nuclear Power Plant Accidents / Master Plan" (referred to as the " Master Plan") in the Federal Register on 12/23/80.

While the Master Plan was developed only for commercial nuclear power plant accidents, FD4A subsequently developed and published an interim Federal Plan, the Federal Radiological Emergency Response Plan (FP.ERP) in the Federal Register on 9/12/84. This Plan was appropriate for all types of radiological emergencies including those occurring at commercial nuclear power plants. A fully operational FRERP was published by FEMA in the Federal Register on 11/8/85. mis Plan has the concurrence of 12 Federal agencies. , , .

The interim FRERP was tested in March 1984 during an exercise at the St. Lucie power plant in Florida and the fully operational FRERP was tested in June 1987 at the Zion power plant in Illinois. This Plan has been tested in several other exercises involving different types of radiological emergencies and was used in an actual radiological emergency involving the reentry of a Russian satellite (one of the Cosmos 1402 series) that contained a small nuclear generator.

IMPLEMENTATION OF FD4A REP PROGRAM Purpose. S e purpose inherent in establishing and carrying out FEMA's REP program is twofold: (1) To assure that the public health and safety of citi:: ens livira:; around nuclear power plants is adequately protected frce the offsite consequences of radiological accidents and (2) to secure public i

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understanding and cooperation in radiological emergency preparedness.

FEMA activities undertaken with the NRC and other Federal agencies to fulfill these purposes include the provision of radiological emergency planning and preparedness assistance to State and local governments and the enhancement of Federal capabilities to provide supplemental Federal assistance and resources to State and local governments, if needed, for radiological emergencies.

Organizational Responsibilities for REP. Organizational responsibility for FEMA's REP program is snared by three major units within FEMA: (1) State and Iocal Programs and Support (SLPS)/ Office of Natural and Technological Hazards:

Administers activiti" for coordinating the provision of Federal radiological emergency planning and preparedness assistance to State and local government for peacetime radiological incidents and for coordinating the development and implementation of the FRERP to provide the framework for Federal response assist-ance and support to states for all types of radiological emergencies; (2) National Preparedness Programs: Provides administrative linkage and direction for FEMA's Emergency Support Team and Emergency Response Team in implementing FEMA's respon- ,

sibilities under the FRERP; and (3) National Emergency Training Center / Emergency Management Institute: Provides numerous training courses related to radiological emrgency preparedness and generic emergency management concems. These respon-sibilities are carried out through both Headquarters and Regional staff.

Scope of FEMA's REP Program. FEMA's REP program functions impact on a very large number of facilities and constituents. Our offsite activites enecrnpass 76 cocrercial nuclear power plants of which 70 are licensed to operate and 6 are still under construction at the present time. A total of 471 State and local government jurisdictions are involved in radiological emergency planning and preparedness for these 76 nuclear power plants. . 'Ihis large number of jurisdic-tions indicates the magnitude of our REP program responsibilities inherent in reviewing, evaluating and approving the radiological emergency planning and preparedness of these jurisdictions. In addition, FEMA coordinates the radio-logical emergency preparedness activities of more than 10 Federal agencies through the FRPCC and the 10 RAC's. -

FEMA's 350 Process. FEMA utilizes the so-called "350 process" established in the FEMA rule, 44 CFR 350, for reviewing and evaluating State and local radiological emergency preparedness for ccmnercial nuclear power plant accidents. 'Ihere are two different types of findings made under the 350 process, 350 and interim findings. Both findings are made on the basis of the same criteria (NUREG-0654/ FEMA-REP-1) for reviewing and evaluating offsite planning and preparedness and are carried out for the same purpose, i.e., to provide reasonable-assurance that the public health and safety of citizens living around nuclear power plants are protected from radiological accidents.

'Ihere are differences between the two types of findings. First, while the the authority underlying 350 findings is 44 CFR 350, the authority for interim findings is provided in both 44 CFR 350 and by the FEMA /NRC MOU (on Planning and Preparedness) as an extension of the 350 procesu. Second, while 350 findings are mide on the basis of evaluating emergency response plans and periodic exercises together with the testing of alert and notification systems and the conduct of public meetings, interim findings can be made on the basis of either evaluating plans or both plans and preparedness within the

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context of exercises.' mird, under the 350 process, fomal sutunission of State and local emergency plans is made by the Govemor or designee to FEMA; however, under the POU process, State and local plans can be sutunitted indirectly to FEMA from a utility through the NRC. Finally, interim findings are sometimes referred to as " snapshots" of radiological emergency planning

- and preparedness as they represent FEMA's determination at a specific point in time whereas 350 findings reflect determinations made within the context-of the ongoing 350 process. Even though these differences do exist, 350 and interim findings are part of the same review and evaluation process and interim findings are always followed by the 350 review, evaluation and approval process.

The initial 350 approval process is carried out over a long period of time '

(usually 2 to 3 years) because of the complex interrelationships of the jurisdictions involved in the planning and preparedness effort for each facility.' Under NUREn-0654/ FEMA-REP-1, integrated planning and preparedness by all involved State and local jurisdictions is necessary to assure adequate protection of public health and safety of citizens living around those facilities. B is entails all involved governmental jurisdictions within certain geographical areas of each plant developing a response plan, participating in periodic exercises and participating in meetings if they have significant emergency planning and preparedness responsibilities for power plant accidents.

These geographical areas are referred to as emergency planning zones (EPZ).

Be plume pathway EPZ includes all State and local governments within approximately a 10-mile radius of a nuclear plant. Be ingestion pathway EPZ encompass all states within approximately a 50-mile radius of a plant.

The initial 350 process results in FEMA making a determination of whether offsite radiological emergency preparedness is adequate to grant 350 approval to State and local governments at a particular site. The initial 350 actions are followed by the' continued 350 process in which the adequacy of offsite preparedness is reconfirmed through periodic exercises, drills and tests of the alert and notification systems.

Accomplishments of FEMA's REP Program. As of August 1987, some of the major accomplishments of the REP program are as follows: 350 approvals have been granted for 49 sites and 19 nere are under review; 148 interim findings have been provided to the NRC; initial alert and notification system reviews have been ccznpleted for 41 sites and 46 ongoing alert and notification system operability and maintainance reviews have been conducted; at least 3 exercises have been conducted and evaluated at all sites except for a few plants that have been recently licensed.

Other REP Program Activities. In addition to REP activities associated with accidents at ccmnercial nuclear power plants, the REP program addresses other j types of radiological accidents including those occurring in these contexts: 1 (1) Fuel cycle facilities and materials license holders licensed by the NRC and NRC Agreement States, (2) Department of Defense (D0D) nuclear facilities and nuclear weapon / device shipments, (3) Department of Energy (DOE) nuclear facilities and nuclear weapon / device shipments and (4) the transport of radioactive materials. .

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