ML23159A078

PR-050 - 53FR27174 - Licensee Action During National Security Emergency

ML23159A078
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Issue date:	07/19/1988
From:	Stello V NRC/EDO
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PR-050, 53FR27174
Download: ML23159A078 (1)

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ADAMS Template: SECY-067 07/19/1988 PR-050 - 53FR27174 - LICENSEE ACTION DURING NATIONAL SECUIRTY EMERGENCY PR-050 53FR27174 RULEMAKING COMMENTS Document Sensitivity: Non-sensitive - SUNSI Review Complete

STATUS OF RULEMAKING I

PROPOSED RULE:

I PR-050 RrE NAME:

LICENSEE ACTION DURING NATIONAL SECUIRTY EMERGENCY I

?ROPOSED RULE FED REG CITE:

53FR27174 PROPOSED RULE PUBLICATION DATE:

07/19/88 i

PRIGINAL DATE FOR COMMENTS: 08/18/88 I

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NUMBER OF COMMENTS:

EXTENSION DATE:

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rINAL RULE FED. REG. CITE: 54FR07178 FINAL RULE PUBLICATION DATE: 02/17/89 i

NpTES ON EDO SIGNED FINAL RULE ON 2/6/89. FILE LOCATED ON Pl.

ATUS F RULE I

Tb FIND THE STAFF CONTACT OR VIEW THE RULEMAKING HISTORY PRESS PAGE DOWN KEY i

HISTORY OF THE RULE I

PART AFFECTED: PR-050 I

RfLE TITLE:

LICENSEE ACTION DURING NATIONAL SECUIRTY EMERGENCY

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PROPOSED RULE I

SECY PAPER:

! I Ff[NAL RULE SECY PAPER:

I CONTACTl: JOAN ARON I

CONTACT2:

I PROPOSED RULE SRM DATE:

FINAL RULE SRM DATE:

I I

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DATE PROPOSED RULE SIGNED BY SECRETARY:

DATE FINAL RULE SIGNED BY SECRETARY:

07/07/88 02/06/89 STAFF CONTACTS ON THE RULE MAIL STOP: MNBB3302 PHONE: 492-9001 MAIL STOP:

PHONE:

881""

DOCKET NO. PR-050 (53FR27174)

In the Matter of LICENSEE ACTION DURING NATIONAL SECUIRTY EMERGENCY DATE DATE OF TITLE OR DOCKETED DOCUMENT DESCRIPTION OF DOCUMENT 07/07/88 07 /07/88 FEDERAL REGISTER NOTICE - PROPOSED RULE 08/17/88 08/15/88 COMMENT OF NUCLEAR MANAGEMENT AND RESOURCES COUNCIL (JOE F. COLVIN) (

1)

I 08/18/88 08/17 /88 COMMENT OF PUBLIC SERVICE ELECTRIC AND GAS COMPANY (B. A. PRESTON) (

3) i

08/19/88 08/18/88 COMMENT OF YANKEE ATOMIC ELECTRIC COMPANY (DONALD W. EDWARDS) (

4)

08/30/88 08/22/88 COMMENT OF GPU NUCLEAR COPORATION (J. L. SULLIVAN, JR.) (

2) 02/24/89 02/06/89 FEDERAL REGISTER NOTICE - FINAL RULE e:

• Copy to Secy-o ----.

Original sent to tile~

Office ot the Fedeiul Register for publication NUCLEAR REGULATORY COMMISSION 10 CFR PART 50

'89 FEB 24 A 8 :43 AGENCY:

Nuclear Regulatory Commission.

ACTION:

Final Rule.

7590-01

SUMMARY

The Nuclear Regulatory Commission is amending its regulations to allow a licensee to take action that departs from 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 iiermitted 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:

MAR 2 0 1989 FOR FURTHER INFORMATION CONTACT:

Joan Aron, Office for Analysis and Evaluation of Operational Data, U.S. Nuclear Regulatory Commission, Washington, D.C.

20555.

Telephone (301) 492-9001.

!>. NUCLE.A.R REGULATORY COMMISSIO~

DOCKET!t*JG & SliRVICE SECTION OrFICE OF THE SECRETARY OF. THE COMMISSION Document Stal'istics Aron t: --*===

2 SUPPLEMENTARY INFORMATION:

Background

On April 1, 1983, the Commission published in the Federal Register (48 FR 13966), a final rule that set out §50.54 of 10 CFR entitled, "Conditions of Licenses, 11 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 designated by the national command authority through the NRC and no action consistent with license conditions and technical specifications that can meet national security objectives is immediately apparent.

• 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.

3 Summary of Public Comments A summary of the public comments follows:

(1) Flexibility.

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

(2) Need for the amendment.

One commenter questioned the need for the proposed amendment, claiming that §§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 national security objectives.

The final rule does not duplicate existing requirements.

Section 2.204 deals with the Commission's ability to issue an order for modification of a licensee and §50.103 deals with the Commission's ability to suspend a license, recapture special nuclear material or order the operation of a facility during a state of war or national emergency.

Paragraph (x) of §50.54 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

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 to licensees but for the purpose of attaining national security objectives during a declared national security emergency.

(3) Implementation.

One commenter questioned the lack of discussion relative to implementation requirements and suggested a delay in issuing the final rule until proper implementation guidance can be formulated.

The final rule provides a basis for the licensee to take action in accordance with governmental directives in a national security emergency, when this action is immediately needed to implement national*'securi-ty

• objectives as designated by the national command authority through the NRC and no action consistent with license conditions and technical specifications that can meet national security objectives is immediately apparent.

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 emergency."

One commenter requested definition of a "national security emergency.

11 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 degrades or seriously threatens the national security of the United States or

5 has been declared by the Congress.

11 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 §50.73(a)(2)(c) by revised to include the reporting requirements of the amended section 50.54(dd).

At present, there is no reporting requirement include in section 50.54(dd) and none is contemplated for thi immediate future.

Thus~ there is no need to revise §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).

Therefore, 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 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.

6 Regulatory Analysis The Commission previously has granted authority pursuant to 10 CFR 50.54(x) to nuclear power reactor licensees 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 public health and safety and no action consistent with license conditions and technical specifications that can provide adequate or equivalent protection is immediately apparent.

This final rule will provide the same flexibility to licensees for the purpose of attaining national security objectives in accordance with governmental directives during a declared national security emergency.

The final rule does not significantly impact state and local governments and geographic locations; health, safety, and the environment; or costs to licensees, the NRC, or other Federal agencies.

The final rule is in the interest of the common defense and security of the United States because it would facilitate operation of nuclear facilities in a national security emergency during which some deviation from facility technical specifications may be appropriate.

This constitutes the regulatory analysis for this final rule.

Regulatory Flexibility Certification As required by the Regulatory Flexibility Act of 1980, 5 U.S.C. 605(b),

the Commission certifies that this rule will not have a significant economic impact upon a supstantial number of small entities.

The {;.~po~ea rule affects

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 11 small entities 11 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)(l).

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 amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 553, the NRC is adopting the following amendment to 10 CFR.

-Rf-Part 50.

8 PART 50 DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES

1.

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

AUTHORITY:

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 Stat. 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.

936, 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 tssued !Jnder_se_c.108, 68 Stat. 939, as amended (42 U.S.C. 2138).

Sections 50.23, 50.35, 50.55, and e

50.56 also issued under sec. 185, 68 Stat. 955 (42 U.S.C. 2235).

Sections 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 Stat. 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 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).

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 955 (42 U.S.C. 2237).

9 For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273),

§§50.46(a) and (b), and 50.54(c) are issued under sec. 161b, 68 Stat. 948, as amended (42 U.S.C. 2201(b)); §§50.7(a), 50.10 (a)-(c), 50.34(a) and (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)(l), (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 §§50.49(d), (h), and (j), 50.54(w),(z),(bb),(cc),

and (dd), 50.55(e), 50.59(b), 50.6l(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(0), 68 Stat. 950, as amended (42 U.S.C. 2?01(o)).

2.

In §50.54, a new paragraph (dd) is added to read as follows:

§50.54 Conditions of licenses.

(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:

(1) when this action is immediately needed to implement national security objectives as designated by the national command authority through the Commission, and

10 (2) no action consistent with license conditions and technical specifi-cations that can meet national security objectives is immediately apparent.

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.

The authority under this paragraph must be exercised in accordance with law, including section 57e of the Act, and 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 Rockville, Maryland this l, ff..day of~

1989.

For the Nuclear Regulatory Commission Victor S Executive Director for Operations

DL ;}(Ef NUMBER PR

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AHUrOSED RULE o u

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---*-..,-Trelephone (617) 872-8100 YANKEE ATOMIC ELECTRIC COMPANY r:::_..JFI< ;171¥ TWX 710-380-7619 GLA 88-105 FYC 88-012 G:4) 1671 Worcester Road, Framingham, ~s'fflJf,u,gts ~~~43 Secretary of the Commission u.s. Nuclear Regulatory Commission Washington, DC 20555 Attention:

Docketing and Service Branch

Subject:

Proposed Rule Regarding Licensee Action During a National Security Emergency (53FR27174)

Dear Sir:

Yankee Atomic Electric Company (YAEC) appreciates the opportunity to comment on the proposed rule regarding licensee action during a national security emergency.

Yankee Atomic Electric Company owns and operates a nuclear power plant in Rowe, Massachusetts.

Our Nuclear Services Division also provides engineering and licensing services to other nuclear power plants in the Northeast, including Vermont Yankee, Maine Yankee and Seabrook.

The Commission has proposed a rule which in essence allows a licensee to deviate from technical specifications during a national emergency when such action is needed to implement national security objectives.

It appears to us that individually, or at least collectively, 10CFR Sections..204, 50.54(x), and 50.103 offer more than sufficient authority right now to accomplish this objective.

These regulations afford the Commission the authority and flexibility to order immediate modifications to a facility license in light of public health, safety, or defense concerns, thus pre-c l uding the need for the subject proposed rule.

In recent years, the Commission has taken a proactive stance on licensing and regulatory reform.

The Commission has supported efforts such as re-fining existing, unwieldy licensing requirements and narrowing the scope of very cumbersome technical specifications.

In doing so, we believe that the Commission recognized the need to carefully scrutinize its activities to preclude development of requirements that would accomplish little more than add to the existing regulatory morass.

Promulgation of this rule seems contrary to this philosophy.

We advocate caution in creating new regulations.

During a time when agency resources must be allocated to many competing activities, we would hope that the Commission would carefully weigh rulemaking activities and dispense with those of lesser value.

Many other rulemakings, such as the one for license renewal, deserve the Commission's increased attention.

JMG/amd 1*;;~

Donald W. Edwards Director, Industry Affairs SEP - 6 t9D§

['cknowledged by carct * * * *--.-..

iJ.S. NUCLEAR REGULATORY COMMISSION DOCKETING & SKVICE SECTION OFFICE OF HIE SECRETARY OF THE COMMISSION Postmark D.> '~

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~l=R. 1JJ?rfo Public Service Electric and Gas Company P.O. Box 236 U. NiW Hancocks Bridge, New Jersey 0803'8 Nuclear Department August 17, 1988 NLR -

N88132 Mr. Samuel J. Chilk, Secretary U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Attention:

Docketing and Service Branch

Dear Mr. Chilk:

COMMENTS ON NRC PROPOSED RULEMAKING LICENSEE FLEXIBILITY DURING NATIONAL CRISIS SALEM AND HOPE CREEK GENERATING STATIONS DOCKET NOS. 50-272, 50-311, 50-354 "88 AUG 18 P 3 :Ql Public Service Electric and Gas Company has reviewed the proposed rule (FR 27174, Dated July 19, 1988) and submits the following comments for consideration.

Although we are in agreement that licensees should be afforded reasonable flexibility in complying with plant Technical Specifications during a national crisis, we do not support issuance of the proposed rule in its present form due to a lack of discussion relative to implementation requirements.

In our opinion, the cornerstone of effective crisis management is proper advance planning and, where practical, personnel training.

For example, Emergency Plans in place at nuclear facilities across the country are designed to provide the necessary framework for formulating an appropriate response to postulated operational events.

Plant operators are trained and tested on the procedures contained in these plans in order to provide a high degree of assurance that the health and safety of the public is safeguarded.

We therefore encourage the NRC to defer issuance of a final rule until such time as proper implementation guidance can be formulated.

That guidance at a minimum should address the following issues:

Security of communications between NRC/Governmental agencies and licensees during national crises; Guidance on developing and integrating reasonable national crisis contingency procedures into existing licensee programs; SEP - 6 ige*

1c:aged by card *****.,....... -..,*i'J'JiM' The Energy People 3

95-2168 (75M) 12-83

1,9. NUCLEAR REGULATORY COMMISSION DOCKET ING & S~VI CE SECT ION OHICE OF THE SECRET ARY OF THE CO\\\\MISSION

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S. J. Chilk 2

August 17, 1988 The division of responsibility between the NRC and the licensee during a national crisis; A definition of when the threat to the public due to the continued operation of the plant during a crisis is judged to be greater than that posed by the crisis itself; The assumption of liability in the event of miscommunications or adverse plant consequences occurring during or as a result of a national crisis.

We appreciate the opportunity to provide these comments.

If there are any questions please feel free to contact us.

i.crle B. A. Prest~

Manager - Licensing and Regulation

S. J. Chilk 3

August 17, 1988 BC:

Assistant Vice President - Nuclear Operations Support General Manager - Salem Operations General Manager - Hope Creek Operations General Manager - Licensing and Reliability General Manager - Nuclear Quality Assurance General Manager - Nuclear Safety Review Manager - Licensing and Regulation Operations Manager - Salem Operations Manager - Hope Creek Associate General Solicitor SEM/EO (Cover Letter Only )

J. Caldwell (ATS }

Microfilm Copy File No. 1.2. 1, 4.2

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Nuclear GPU Nuclear Corporation Mr. Samuel J. Chilk Secretary of the Commission U.S. Nuclear Regulatory Commission Washington, DC 20555

Dear Mr. Ch ilk:

• aa AUG 30 AlO :46 August 22, 1988 C300-88-0414 One Upper Pond Road Parsippany, New Jersey 07054 201-316-7000 TELEX 136-482 Writer's Direct Dial Number:

Subject:

Request for Comments on Licensee Action During a National Security Emergency Proposed Rule The staff of GPU Nuclear Corporation herewith submits comments on the subject proposed rule.

Comments were requested in a July 19, 1988 Federal Register Notice (53 FR 27174).

As a general comment, we agree with the thrust of this proposed rule.

However, there are two items that should be clarified.

The first item is the need for a definition of a "national security emergency ; the proposed 50.54(dd) states how a national security emergency is to be established but not what one is.

The second item requiring attention is a revision to 10 CFR 50.73 (a)(2)(c) which now requires l icensees to report "[A]ny deviation from the plant's Technical Specifications authorized pursuant to Section 50.54(x) of this part;" this should be revised to include the reporting requirements of the proposed 50.54(dd).

JLS/RPJ/jbw 7259f /017 3f Sincef PJi *.

. L. Sullivan,~

Licensing & Regulatory Affairs Director SEP - 6 198f ___.

acl(nowledged by card.:~.;;;;* ;;_;:;.;,.;;;_;,;;;;a.;;*a*~

GPU Nuclear Corporation is a subsidiary of General Public Utilities Corporation

u. S. NUCLEAR REGUlATCRY C"OMMI SSI DOCKETING & ~fi.v 1n

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NUCLEAR MANAGEMENT AND RESOURCES COUNCIL I Ou\\~f<i :,

1776 Eye Street. NW.

• Suite 300

• Washington, DC 20006-2496 Joe F. Colvin Executive Vice President &

Chief Operating Officer Mr. Samuel J. Chilk Secretary

[202) 872-1280 U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Attention:

Docketing and Service Branch Re:

Proposed Rule - Licensee Action During National Security Emergency 53 FR 27174 (July 19, 1988)

Request for Comments

Dear Mr. Chilk:

'88 AUG 17 Pl2 :10 August 15, 1988 These comments are submitted on behalf of the Nuclear Management and Resources Council, Inc. ("NUMARC") in response to the request of the U.S.

Nuclear Regulatory Commission ("NRC") for comments on the NRC Policy State-ment - Licensee Action During National Security Emergency - 53 FR 27174 (July 19, 1988).

NUMARC is the organization of the nuclear power industry that is responsible for coordinating the combined efforts of all utilities licensed by the NRC to construct or operate nuclear power plants, and of other nuclear industry organizations, in all matters involving generic regulatory policy issues and on the regulatory aspects of generic operational and technical issues affecting the nuclear power industry.

Every utility responsible for constructing or operating a commercial nuclear power plant in the United States is a member of NUMARC.

In addition, NUMARC's members include major architect-engineering firms and all of the major nuclear steam supply system vendors.

NUMARC supports the NRC's initiative in amending its regulations to anticipate actions that may be required during a national emergency.

The NRC's conclusion is apt that licensees may need the ability to depart from a license condition or a technical specification in a national emergency due to nuclear war or natural disaster when such action is immediately necessary to protect the public health and safety and when no action is immediately apparent that could provide adequate or equivalent protection consistent with the license conditions and technical specifications. Although the likelihood of a national emergency being declared due to nuclear war or natural disaster is and remains hopefully remote, prudence requires that appropriate steps be taken in advance so that the country, and the public health and safety, can be best protected.

The NRC's proposed rule provides licensees with desirable regulatory authority and operational flexibility to accommodate exigencies that may be associated with a declared national emergency.

SEP - 6 1989 Acknowledged by card'. *:..;;;~-;;;~*:;:;.iliiii'II.,

U.S. NUCLEAR REGUlATORY COMMISS 00c,cETING & S VICE SECTION OFFICE OF THE SECRETARY OF THE COMMISSION Postrn

~ Oate Copies Received Add' I Copies R*,..

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We appreciate the opportunity to comment on this proposed rule and would welcome the opportunity to discuss our comments further with appropriate NRC staff personnel.

Sincerely, JFC:plg

27174\\-

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DOCKET NUMBER

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PROPOSED RULE -.5b'F,(;i..117 j;J (7590-01]

NUCLEAR REGULATORY COMMISSION 10 CFR PART 50 Licensee Action Duri ng National Security Emergency AGENCY:

Nuclear Regulatory Commission.

ACTION:

Proposed rule.

SUt-t'iARY: The Nuclear Regul atory Commission proposes to amend its regulations to allow a licensee to take action that departs from approved technical speci-fications 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 all ow the licensee to implement national security objectives as designated by the national command authority through the NRC.

DATE: Conaent period expires Conrnents received after this date will be considered if it is practical to do so, but the Cpnvnis-sion is able to assure consideration only for comments received on or b~fore this date.

ADDRESSES:

Mail written comments to:

Secretary, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, A tention:

Docketing and Service Branch.

2 De 1 i ver written coments to:

\\

\\\\ 11555 Rockville Pike, Rockville,

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One White Flint Nor:.", Room 16H, Maryland.

Comments m:J also be delivered 1717 H Street, N.W.,,ashington, 0.C.

\\{o the NRC Pub 1 ic DocLl!lent Room,

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j-:oR FURTHER INFORMATION CONTACT:

Joan Aron, Office fc* Analysis and l

.**evaluation of Operational Data, U.S. Nuclear Regulator:i Commission,

{

J Washington, O.C.

20555.

Telephone (301) 492-9001.

~*

SUPPLEMENTARY INFORMATION:

Background

On April 1, 1983, the Commission published in the rederal Register (48 FR 13966), a final rule that set out§ 50.54 of 10 :FR entitled, "Conditions of Licenses," that contains a provision pernitting a licensee to take reasonable action that departs from a 1 i cense c~ndi t ion or a.

._9 technical specification (contained in a 1 icense issued Jnder this part)

n 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, thl's provisfon does not apply to a national security emergency.

The proposed additioo would allow a licensee to take action that departs from approved techiical specificatj'ons in a national security emergency when this action is i11111ediately needed to implement national security objectives as directed by tie national command authority through tfie NRC.

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3 Enviroiwental Impact:

Categorical Exel us ion

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The NRC has determined that this proposed regulation is the type of

\\l action described in categorical exclusion 10 CFR 51.22 (c)(2).

Therefore,

\\neither an environmental iapact statement nor an environmental assessment

~s been prepared for this proposed regulation.

1. I I,

PapeNork Reduction Act Statement

}

This proposed rule does not contain a new or amended information collection I

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"f/i)"

I requirement subject to The Paperwork Reduction Act of 1980 ( 44 U.S. C. 3501

.(

.t-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 S0.54(x) to nuclear power reactor licensees to take reasonable action thaV departs from a license condition or a technical specification in an emer,9ency when the action is iaediately necessary to protect the public health ~nd safety and no action consistent with license conditions and technical speci-fications that can provide adequate or equivalent protection is im~diately apparent. This proposed rule will provide the same flexibility to 'licensees for the purpose of attaining national security objectives in accordance with governmenbl directives airing a declared national emergency due to nuclear

4

(

'-'ar or natural disaster. The proposed change does not ::gnificantly impact state and local governments and geographic locations; rHHh, safety, and the environment; or cosu to licensees, the NRC, or ot/-e Federal agencies.

The proposed rule is in the interest of the common defe-.se and security of the United States because it would assist the NRC in ma::itaining the public health and safety in a national security emergency duri~ ~ich some deviation from facility technical specifications may be appropr.ia:.e.

This constitutes the regulatory analysis for this proposed rule.

le~latory flexibility Certificati::-:

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

the Commission certifies that this rule, if adopted, w;*1 not have a significant econoaic i1pact upon a substantial number c~ saall entities.

The proposed rule affects only licensing and operation :~ nuclear power plants. The coapanies that own these plants do not fal* within the scope of the definition of 1s1all entities" set forth in the ~egulatory Flexibility Act or the Small Business Size Standards set out in reg.lations issued by the Small Business Aministration at 13 CFR Part 121. -Secause these companies are dominant in their service areas, this proposed rule does not fall within the purview of the Act..

Backfit Analysis The IRC has d!teraiad that the backfit rule, 10 c=~ 50.109, does not apply to this prqmed nlt and, therefore, that a back.~a analysis is not

/

l C...,

required for this proposed rule, because :hese amendments do not involve any provisions which would iapose bacHits as defined in 10 CFR 50.109(a)(l).

list of Subjects ir 10 CFR Part 50 Ant it rust, Classified In format ion, Fi re Protect ion, Incorporation by Reference, Intergoverrantal Relations, N~clear power plants and reactor, Penalty, Radiation prouction, Reactor si~ing criteria, Reporting and recordkeepi ng requirements.

For the reasons set out in the preair.::le 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 ; ropes i ng to adopt the f o 11 owing amendment to 10 CRf Part 50.

PART 50 DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES

1.

The authority citation for Part 5J is revised to read as follows:

AUTHORITY:

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 Stat. 1244, as amendal (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).

6 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. 936, 955 as amended (42 U.5.C. 2131, 2235); sec. 102, Puc. L.91-190, 83 Stat. 853 (42 U.S.C. 4332).

~ctions 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 50.56 also issued under.sec. 185, 68 Stat. 955 {42 U.S.C. 2235).

Sections 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 issL:ed under sec. 204, 88 Stat. 1245 (42 U.S.t. 5844).

Sections 50. 58 50. 9: and 50. 92 also issued under Pub. L. 97-4159 95 Stat. 2073 (42 U.S.C. 2239).

Section 50.80 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 955 (42 U.S.C. 2237).

For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S. C. 2273), §§50.46(a) and (b),

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

4lt 2201(b)); §§50. 7(a), 50.10 (a)-(c), 50. 34(a) and (e), 50. 44(a)-(c), 50. 46(a}

and (b), 50.47 (b), 50.-ta(a), (c), (d}, and (e), 50.49(a), 50.54(a)(i), (i)(l),

(1)-(n}, {p), (q), (t). (v)lt and (y), 50.55(f), 50.SSa(a), (c)-(e), (g),

and (h}, 50. 59{c), 50.IO(a), 50. 62(c), 50. 64(b), and 50. 80(a) and (b) are issued under sec. 161i.18 Stat. 949, as amended (42 U.S.C. 2201 (i));

and §§50.49(d), (h), al(j), 50.54(w),(z),(bb),(cc), and (dd), 50.55(e),

- 50. 59(b), 50.6l{b), 51-il(d), 50. 70(a), 50. 71(a)-(c) and {e), 50. 72(a) 50. 73{a) and (b), 50.74, 50.78. ild Sl.90 are issued under sec. 161(0), 68 Stat. 950,

_ as amended (42 U.S.C. llll(o)).

_e 7

2.

In §50.54, a new paragraph (dd) is added to read as follows:

§50.54 Conditions of licenses.

( dd) A 1 i censee may take reasonab 1 e action that departs from a 1 i censee 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 emergency is estab-1 i shed by a law enacted by the Congress or by an order or directive is sued by the President pursuant to statutes or the Constitution of the United 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 Rockville, Maryland this _

day of ___, 1988.

For the Nuclear Regulatory Connission.

Victor Stello, Jr.,

Executive Director for Operations