ML20266G250
| ML20266G250 | |
| Person / Time | |
|---|---|
| Issue date: | 09/22/2020 |
| From: | Robert Kahler Policy and Oversight Branch |
| To: | Evans K Conference of Radiation Control Program Directors (CRCPD) |
| Kahler R | |
| References | |
| Download: ML20266G250 (4) | |
Text
September 22, 2020 Ken Evans Chairperson Conference of Radiation Control Program Directors HS/ER-5 Committee on Emergency Response Planning 112 E. Maine Street, Suite 1 Frankfort, KY 40601
SUBJECT:
NUCLEAR REGULATORY COMMISSION RESPONSE TO THE CONFERENCE OF RADIATION CONTROL PROGRAM DIRECTORS HS/ER-5 COMMITTEE FOR EMERGENCY RESPONSE PLANNING LETTER, ORO EXEMPTION REQUEST FOR EXERCISES, DATED JULY 24, 2020
Dear Mr. Evans,
The purpose of this letter is to respond to the Conference of Radiation Control Program Directors (CRCPD) HS/ER-5 Committee for Emergency Response Planning letter entitled, ORO Exemption Request for Exercises, dated July 24, 20201 and to provide information regarding the U.S. Nuclear Regulatory Commissions (NRCs) exemption of exercises and compliance with regulations. The NRC staff values the CRCPD as providing the State Radiation Control Program Directors views on national radiological preparedness issues and truly appreciates our long-standing relationship.
In your letter, you stated that the HS/ER-5 committee strongly believes that the radiological emergency preparedness (REP) exercises should not be conducted during the declared national public health emergency (PHE) and that the NRC requirement should be suspended through an exemption for calendar years (CY) 2020 and 2021. The basis for your request included that offsite response organizations (ORO) are actively engaged in response to the PHE and conducting an exercise would detract from this response. Additionally, performance of an exercise, under the current health conditions, would unnecessarily pose health risks to responders. State representatives echoed these concerns during the NRCs June 23, 2020, public meeting2 and stated that while they are able to deal with multiple events at the same time, the conduct of drills or exercises, under the extraordinary circumstances of the COVID-19 1 Letter from CRCPD Committee on Emergency Response Planning to NRC, ORO Exemption Request for Exercises, July 24, 2020, Agencywide Documents Access and Management System (ADAMS) Accession No. ML20206K859.
2 NRC Public Meeting Announcement, Meeting with Potentially Affected Stakeholders to Discuss Potential Emergency Preparedness Biennial Exercise Exemptions due to impacts from the COVID-19 Public Health Emergency, June 5, 2020, ADAMS Accession No. ML20174A468.
K. Evans 2
PHE, would require additional planning to ensure the safety of participants and detract from their response to the actual health emergency.3 Please be assured, the NRC staff is mindful that State and local emergency response organizations across the Nation are currently focusing their time and resources on responding to the COVID-19 PHE as well as providing for public health and safety and the common defense and security. The NRC staff agrees that the COVID-19 PHE has increased resource demands on OROs that challenge the scheduling and performance of offsite CY 2020 biennial exercises and the conduct of required offsite biennial exercises would divert public resources from the current COVID-19 PHE. The NRC staff recognizes that even if an exemption were granted and OROs would not participate in a CY 2020 exercise, OROs would still be able to respond to an actual radiological emergency to provide for public health and safety.
The NRC staff agrees that it is worthwhile considering exemptions for ORO exercises in CY 2020 and CY 2021. The NRC staff signified this in its May 14, 2020, letter4 describing how a power reactor licensee could submit a request for a site-specific exemption from the NRC requirements to conduct biennial exercises, including full participation exercises, if a licensee were unable to conduct exercises due to impacts from the COVID-19 PHE. The NRC staff subsequently issued an Addendum5 to the May 14, 2020, letter to provide clarification and additional information to a power reactor licensee seeking a site-specific exemption from the conduct of the CY 2020 offsite biennial exercise required by Section IV.F.2.c of Appendix E to Title 10 of the Code of Federal Regulations (10 CFR) Part 50. We focused this Addendum on CY 2020 but may consider exemptions for CY 2021 at a later date should the PHE continue.
Under 10 CFR 50.12, the NRC may grant exemptions from the requirements of the regulations in 10 CFR Part 50 that are authorized by law, will not present an undue risk to the public health and safety, and are consistent with the common defense and security, and when special circumstances are present. Granting a licensees request for a site-specific exemption from the Section IV.F.2.c requirement on a case-by-case basis would indicate that reasonable assurance at that licensees facility and the surrounding areas is maintained. As such, the conduct of the offsite CY 2020 biennial exercise by OROs and an evaluation of the exercise by the Federal Emergency Management Agency (FEMA) to render a reasonable assurance finding to the NRC would not be needed for the duration of the exemption.
The NRC has the singular authority under the Atomic Energy Act of 1954, as amended,6 for making licensing decisions regarding the overall adequacy of emergency preparedness for a commercial nuclear power plant site. The NRC consults with FEMA on the adequacy of offsite emergency preparedness for the REP Program7 under the NRC/FEMA Memorandum of 3 NRC Public Meeting Summary, Summary of June 23, 2020, Public Meeting with Nuclear Industry to Discuss Potential Emergency Preparedness Biennial Exercise Exemptions Due to COVID-19 Impacts, July 20, 2020, ADAMS Accession No. ML20198M514.
4 ADAMS Accession No. ML20120A003.
5 ADAMS Accession No. ML20223A152.
6 42 U.S.C. §§ 2011-2297h (2012) and Title II of the Energy Reorganization Act of 1974, as amended, 42 U.S.C. §§ 5801-5891 (2012).
7 As defined in NUREG-0654/FEMA-REP-1, Rev. 2, Criteria for Preparation and Evaluation of Radiological Emergency Response Plans and Preparedness in Support of Nuclear Power Plants (ADAMS Accession No. ML19347D139), the REP Program refers to both FEMA and NRC programs that administer EP for commercial
[nuclear power plants] and surrounding areas and encompasses the plans, training, exercises, and resources necessary to prepare emergency response personnel to rapidly identify, evaluate, and respond to radiological emergencies.
K. Evans 3
Understanding.8 Upon the effective date of the NRC granting the site-specific exemption from the Section IV.F.2.c requirement, FEMA evaluation of the offsite biennial exercise is not required for any and all FEMA REP Program requirements that the offsite biennial exercise would fulfill for the duration of the exemption.
With regard to the conduct of an offsite biennial exercise,Section IV.F.2.c reads, Offsite plans for each site shall be exercised biennially with full participation by each offsite authority having a role under the radiological response plan (emphasis added). Full participation is defined in Appendix E to 10 CFR Part 50 as the following:
appropriate offsite local and State authorities and licensee personnel physically and actively take part in testing their integrated capability to adequately assess and respond to an accident at a commercial nuclear power plant. Full participation includes testing major observable portions of the onsite and offsite emergency plans and mobilization of State, local and licensee personnel and other resources in sufficient numbers to verify the capability to respond to the accident scenario.
As stated in the NRC staffs September 2, 2020, Addendum, if a licensee were granted an exemption from Section IV.F.2.c, then that exemption would not prevent a State or local authority, at its discretion, from demonstrating key skills in drills and exercises for the 8-year exercise cycle or prevent a State or local authority from conducting the exercise in CY 2020 or CY 2021.
In the case where NRC grants a licensee an exemption from Section IV.F.2.c, but FEMA denies an ORO request for relief from the exercise frequency for that licensees facility, the OROs need to determine the level of participation in an exercise, if any, when negotiating extent of play with FEMA. However, because the NRC granted the exemption, the conduct of the offsite full participation exercise would not be required for the REP Program.
Offsite authorities in all states are currently demonstrating response capabilities, including making decisions on protective actions for the public, in response to the COVID-19 PHE.9 Additionally, the NRC continues to monitor U.S. nuclear power plants to ensure they operate safely during the COVID-PHE and that defense-in-depth is maintained to prevent accidents from happening and to mitigate their consequences. The NRC commends offsite authorities for their continued commitment to maintaining radiological response readiness during these unprecedented times. The NRC looks forward to the continued relationship with the CRCPD on radiological preparedness and response.
Sincerely, Digitally signed by Robert E.
Kahler Date: 2020.09.22 12:23:52
-04'00' Robert E. Kahler, Chief Policy and Oversight Branch Division of Preparedness and Response Office of Nuclear Security and Response 8 ADAMS Accession No. ML15344A371.
9 COVID-19 Resources for State Leaders, Executive Orders - By State, accessed September 17, 2020, https://web.csg.org/covid19/executive-orders/.
Rober t E. Kahler
K. Evans 4
SUBJECT:
NUCLEAR REGULATORY COMMISSION RESPONSE TO THE CONFERENCE OF RADIATION CONTROL PROGRAM DIRECTORS HS/ER-5 COMMITTEE FOR EMERGENCY RESPONSE PLANNING LETTER, ORO EXEMPTION REQUEST FOR EXERCISES, DATED JULY 24, 2020 DATED September 22, 2020 DISTRIBUTION:
DPR r/l ADAMS Accession Number: ML20266G250
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NAME RKahler HBenowitz KBrock DATE 09/21/20 09/21/20 09/21/20 OFFICIAL RECORD COPY