RIS 2010-04, Monitoring the Status of Regulated Activities During a Pandemic

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Monitoring the Status of Regulated Activities During a Pandemic
ML100539611
Person / Time
Issue date: 05/25/2010
From: Dan Dorman, Robert Lewis, Mcginty T, Vonna Ordaz
NRC/FSME/DMSSA, NRC/NMSS/SFST, Division of Policy and Rulemaking
To:
Russell, A, NRR/DPR, 415-8553
References
G20100046, OEDO-2010-0041 RIS-10-004
Download: ML100539611 (5)


UNITED STATES

NUCLEAR REGULATORY COMMISSION

OFFICE OF NUCLEAR REACTOR REGULATION

OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS

OFFICE OF FEDERAL AND STATE MATERIALS

AND ENVIRONMENTAL MANAGEMENT PROGRAMS

WASHINGTON, DC 20555-0001 May 25, 2010

NRC REGULATORY ISSUE SUMMARY 2010-04 MONITORING THE STATUS OF REGULATED ACTIVITIES

DURING A PANDEMIC

ADDRESSEES

All holders of operating licenses for nuclear power reactors and research and test reactors under the provisions of Title 10 of the Code of Federal Regulations (10 CFR) Part 50, Domestic Licensing of Production and Utilization Facilities, except those that have ceased operations and have certified that fuel has been permanently removed from the reactor vessel and have no spent fuel stored on-site.

All U.S. Nuclear Regulatory Commission (NRC) fuel cycle facilities licensed under 10 CFR Part 40, Domestic Licensing of Source Material or 10 CFR Part 70, Domestic Licensing of Special Nuclear Material and gaseous diffusion plants certified under 10 CFR Part 76, Certification of Gaseous Diffusion Plants.

All holders of site-specific licenses for independent spent fuel storage installations (ISFSIs)

under the provisions of 10 CFR Part 72, Licensing Requirements for the Independent Storage of Spent Nuclear Fuel, High-level Radioactive Waste, and Reactor-related Greater than Class C

Waste, and all holders of 10 CFR Part 50 licenses with ISFSIs under the general license provisions of 10 CFR Part 72.

All NRC materials licensees authorized to possess Category 1 or Category 2 quantities of radioactive materials, under the provisions of 10 CFR Parts 30, Rules of General Applicability to Domestic Licensing of Byproduct Material, 40, and 70.

INTENT

The NRC is issuing this regulatory issue summary (RIS) to inform addressees of the NRCs desire for information on the evolving pandemic situations at licensee sites and the impact of a pandemic situation on operational decisions and requests for regulatory relief. The NRC

intends to use this information to align NRC resources to be prepared to address potential safety and operational issues at affected licensee sites, and to support decision-making within the NRC. The NRC, therefore, is soliciting licensees to voluntarily provide information regarding the above.

The NRC is also sharing this RIS with the Agreement States via a separate communication and is encouraging the Agreement States to share it with their licensees.

BACKGROUND INFORMATION

The NRCs overarching mission is to license and regulate the nations civilian use of byproduct, source, and special nuclear materials to ensure adequate protection of public health and safety, promote the common defense and security, and protect the environment.

Across the spectrum of government operations, there has been a concerted effort to prepare for and respond to pandemic outbreaks, including the H1N1 influenza virus. All government agencies have or are preparing pandemic plans to ensure the operation of the government during a pandemic. Part of this preparation and planning is an effort by the federal government to ensure the U.S. infrastructure is maintained to the fullest extent possible.

The Homeland Security Council, in the National Framework for 2009-H1N1 Influenza Preparedness and Response, described surveillance as the first of the pillars of preparedness and further defined the term to mean enhanced efforts to achieve timely and accurate situational awareness of evolving disease and the impact on critical sectors to inform policy and operational decisions. Under that definition, the NRC is in a situational awareness mode whenever there is a threat of a pandemic, because: (1) of the agencys need to be ready to respond quickly to any emergency that could threaten the agencys mission or the nuclear activities that it regulates, and (2) impacts to the electric grid may have an impact on plant safety.

SUMMARY OF ISSUE

S

The NRC is interested in maintaining situational awareness of licensees ability to cope with the challenges associated with a pandemic. This information will serve two functions:

1. The NRC must be prepared to respond quickly if a safety or security event develops.

2. The NRC is obligated to keep its stakeholders informed.

Information of Interest During a pandemic, the NRC is interested in maintaining situational awareness of the status of its regulated activities and requests that licensees voluntarily inform the staff of any potential impacts on those activities. Accordingly, answers to the following two questions should be considered during routine business contacts with NRC staff (e.g., during routine communications with the NRC licensing project manager or resident inspector or during inspections conducted by the NRC), or as licensees desire to report information: 1. Does the licensee anticipate operational challenges at the facility or in the conduct of activities in the next 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> in the following areas as a result of the pandemic?

a. safety b. security c. safeguards d. emergency preparedness

2. Does the licensee anticipate the need to request regulatory action as a result of the pandemic in the next 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br />?

Responses to these questions will be voluntary. If either question results in a yes answer, the NRC expects the licensee to provide additional information specific to the needs of the licensee, as soon as possible. In such cases, the appropriate NRC staff will follow-up with the licensee.

Please note this RIS does not eliminate the need for licensees to meet the reporting requirements contained in applicable regulations. Further, there are no information collection expectations other than information that is typically exchanged through routine business activities or is already required by NRC regulations. The information provided will enable the NRC to effectively respond to licensees with potential challenges.

As discussed above, materials licensees can provide this information during routine communications with the NRC. In addition, the NRC will provide a separate communication to materials licensees identifying the appropriate means to submit the information on potential pandemic impacts.

NRC recognizes that during a pandemic, licensees resources may be strained. Therefore, NRC understands that licensees will provide information to the best of their ability, given the circumstances.

BACKFIT DISCUSSION

This RIS requests that addressees voluntarily provide information as appropriate to assist the NRC staff in managing the impacts of a pandemic on regulated activities. This effort by the NRC is a part of the continuing Federal effort in pandemic planning, and it supports situational awareness of potential issues at NRC-licensed facilities.

The staff is not imposing any new positions nor is it imposing any new regulatory requirements on licensees. Any information provided by a licensee is strictly voluntary. No action is required on the part of any licensee; therefore, this document does not constitute a backfit under applicable backfit regulations. Consequently, the staff did not perform a backfit analysis.

FEDERAL REGISTER NOTIFICATION

A notice of opportunity for public comment on this RIS was published in the Federal Register on December 9, 2009 (74 FR 65165 - 65167), with a 45-day public comment period. Comments were received from one industry stakeholder. The NRC staff considered all comments. The staffs evaluation of the comments is publicly available through NRCs Agencywide Documents Access and Management System, under Accession No. ML100321489.

CONGRESSIONAL REVIEW ACT

This RIS is not a rule as designated by the Congressional Review Act (5 U.S.C. §§ 801-808)

and, therefore, is not subject to the Act.

PAPERWORK REDUCTION ACT STATEMENT

This RIS does not contain new or amended information collection requirements subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Existing information collection requirements were approved by the Office of Management and Budget, control numbers

3150-0011 and 3150-0012.

PUBLIC PROTECTION NOTIFICATION

The NRC may not conduct or sponsor, and a person is not required to respond to, a request for information or an information collection requirement unless the requesting document displays a current valid Office of Management and Budget control number.

CONTACT

S

Please direct any questions about this matter to one of the technical contacts listed below.

/RA/ /RA/

Vonna L. Ordaz, Director Timothy J. McGinty, Director Division of Spent Fuel Storage Division of Policy and Rulemaking and Transportation Office of Nuclear Reactor Regulation Office of Nuclear Material Safety and Safeguards

/RA/ /RA/

Daniel H. Dorman, Director Robert J. Lewis, Director Division of Fuel Cycle Safety Division of Materials Safety and State and Safeguards Agreements Office of Nuclear Material Safety Office of Federal and State Materials and and Safeguards Environmental Management Programs Technical Contacts - Office of Nuclear Reactor Regulation (NRR)

Andrea Russell, NRR

(301) 415-8553 E-mail: andrea.russell@nrc.gov Thomas Alexion, NRR

(301) 415-1326 E-mail: thomas.alexion@nrc.gov Technical Contacts - Office of Nuclear Material Safety and Safeguards (NMSS)

Steven Ward, NMSS

(301) 492-3426 E-mail: steven.ward@nrc.gov Kevin Witt, NMSS

(301) 492-3323 E-mail: kevin.witt@nrc.gov Tehnical Material Contacts - Office of Federal and State Materials and Environmental Management Programs (FSME) and the Regions Duncan White, FSME

(301) 415-2598 E-mail: duncan.white@nrc.gov John Kinneman, Region I

(610) 337-5274 E-mail: john.kinneman@nrc.gov Steven Reynolds, Region III

(630) 829-9800

E-mail: steven.reynolds@nrc.gov Art Howell, Region IV

(817) 860-8106 E-mail: art.howell@nrc.gov Tehnical Material Contacts - Office of Federal and State Materials and Environmental Management Programs (FSME) and the Regions Duncan White, FSME

(301) 415-2598 E-mail: duncan.white@nrc.gov John Kinneman, Region I

(610) 337-5274 E-mail: john.kinneman@nrc.gov Steven Reynolds, Region III

(630) 829-9800

E-mail: steven.reynolds@nrc.gov Art Howell, Region IV

(817) 860-8106 E-mail: art.howell@nrc.gov Adams Accession No. ML100539611 TAC ME2242 OFFICE DPR/PM DPR/PM Tech Editor OGC/CRA NSIR/DPR/IR/DD OE

NHilton NAME ARussell TAlexion CHsu JAdler BMcDermott LLopez for DATE 04/27/10 02/23/10 12/03/09 03/25/10 11/16/09 11/18/09 OFFICE NRR/PMDA OIS NRR/DORL/D NSIR/DPR/D OGC/NLO PGCB/LA

MLeach NAME JHolonich JGiitter BMcDermott HBenowitz CHawes LHill TDonnell for for DATE 11/20/09 11/19/09 11/20/09 11/16/09 04/26/10 04/27/10

OFFICE PGCB/PM PGCB/BC NMSS/DSFST/D FSME/MSSA NMSS/FCSS/D NRR/DPR/D

SStuchell NAME MMurphy VOrdaz RLewis DDorman TMcGinty (MMurphy for)

DATE 11/30/09 04/28/10 04/30/10 05/12/10 05/04/10 05/25/10

OFFICIAL RECORD COPY