ML12089A549

Entergy Pre-Filed Evidentiary Hearing Exhibit ENT000290, NRC Regulatory Issue Summary 2004-13 Consideration of Sheltering in Licensee'S Range of Protective Action Recommendations

ML12089A549
Person / Time
Site:	Indian Point
Issue date:	08/02/2004
From:	Reis T Office of Nuclear Reactor Regulation
To:	Atomic Safety and Licensing Board Panel
SECY RAS
Shared Package
ML12089A543	List: ML12089A544 ML12089A545 ML12089A546 ML12089A547 ML12089A548 ML12089A549 ML12089A550 ML12093A186 RIS 2004-13, Consideration Of Sheltering In Licensee'S Range Of Protective Action Recommendations RIS 2004-13, Entergy Pre-Filed Evidentiary Hearing Exhibit Ent000290, NRC Regulatory Issue Summary 2004-13 Consideration Of Sheltering In Licensee'S Range Of Protective Action Recommendations
References
RAS 22120, 50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01 RIS-04-013
Download: ML12089A549 (5)

See also: RIS 2004-13

Text

ENT000290

Submitted: March 29, 2012

UNITED STATES

NUCLEAR REGULATORY COMMISSION

OFFICE OF NUCLEAR REACTOR REGULATION

WASHINGTON, D.C. 20555-0001

August 2, 2004

NRC REGULATORY ISSUE SUMMARY 2004-13

CONSIDERATION OF SHELTERING IN LICENSEES RANGE OF

PROTECTIVE ACTION RECOMMENDATIONS

ADDRESSEES

All holders of operating licenses for nuclear power reactors, except those who have

permanently ceased operations and have certified that fuel has been permanently removed

from the reactor vessel.

INTENT

The U.S. Nuclear Regulatory Commission (NRC) is issuing this regulatory issue summary (RIS)

to clarify the regulatory requirement that licensees develop a range of protective actions that

includes sheltering for the public in the plume exposure pathway emergency planning zone

(EPZ). This RIS requires no action or written response on the part of addressees.

BACKGROUND INFORMATION

Section 50.47(b)(10) of Title 10 of the Code of Federal Regulations (CFR) states in part that

licensees are to develop a range of protective actions for the public in the plume exposure

pathway EPZ. In addition, 10 CFR 50.47(b)(10) states that in developing this range of

protective actions, consideration is to be given to sheltering, and that the guidelines for the

choice of protective actions be consistent with Federal guidance.

Following an inspection at Point Beach in August 2003 (ML040360104), the NRC staff

performed a review of licensee emergency plans, implementing procedures, and notification

forms to evaluate the extent licensees considered sheltering when recommending protective

actions to offsite organizations. During the review, the NRC staff has noticed that licensee

emergency plans, implementing procedures and notification forms consider sheltering in one of

three ways: (1) sheltering as an alternative to evacuation (shelter rather than evacuate),

(2) sheltering as a supplement to evacuation (evacuate downwind sectors and shelter the

remaining sectors until further instructions are provided), and (3) sheltering is not considered by

the licensee. The NRC staff has also noticed that some licensees have addressed sheltering

inconsistently in their emergency plan, implementing procedures, and notification forms. For

example, sheltering is considered as an alternative to evacuation in the emergency plan, but it

is not included as an option in the implementing procedures or on the notification form.

ML041210046

RIS 2004-13

Page 2 of 4

DISCUSSION

The decision to recommend a protective action involves a judgment in which the radiation dose

avoidance provided by the protective action is weighed in the context of the risks involved in

taking the action. Since the decision will most likely be made under emergency conditions,

considerable planning is necessary to reduce the complexity of decisions required to effectively

protect the public at the time of an emergency.

Plant conditions are the major determining factors in developing early protective action

recommendations. To be most effective, protective actions (evacuation or shelter) need to be

taken before or shortly after the start of a major radioactive release to the atmosphere.

According to the original version of Appendix 1, Emergency Action Level Guidelines for Nuclear

Power Plants, in NUREG-0654/FEMA-REP-1, Criteria for Preparation and Evaluation of

Radiological Emergency Response Plans and Preparedness in Support of Nuclear Power

Plants, the initial protective action for a General Emergency is to shelter the population close to

the plant while considering the advisability of evacuation. The guidance in the original version

of Appendix 1 further states that if core damage is in progress and containment failure is judged

to be imminent, shelter should be recommended for people in those areas that cannot be

evacuated before the plume arrives. Although the original guidance was never intended to

imply that the appropriate initial protective action for severe accidents was to only shelter the

population that is near the plant, it was not explicit on this point.

Subsequently, portions of Appendix 1 were revised in Supplement 3 Criteria for Protective

Action Recommendations for Severe Accidents, to NUREG-0654/FEMA-REP-1, Criteria for

Preparation and Evaluation of Radiological Emergency Response Plans and Preparedness in

Support of Nuclear Power Plants. Revised Appendix 1 states that for a General Emergency,

the preferred initial protective action is to evacuate immediately about two miles in all directions

from the plant and about five miles downwind, unless other conditions make evacuation

dangerous. Note 5 to Figure 1, Severe Damage or Loss of Control of Facility Public Protective

Actions, in Supplement 3, states that sheltering may be the appropriate action for controlled

releases of radioactive material from the containment, if there is assurance that the release is

short term (puff release) and the area near the plant cannot be evacuated before the plume

arrives.

10 CFR 50.47(b)(10) requires that the consideration of sheltering be included in the range of

protective action recommendations consistent with Federal guidance. In addition to the Federal

guidance discussed above, EPA 400-R-92-001, Manual of Protective Action Guides and

Protective Actions for Nuclear Accidents (EPA 400), dated May 1992, also contains information

on evacuation and sheltering. Section 5.5.3, General Guidance for Evacuation and Sheltering,

states that the process of evaluating, recommending, and implementing evacuation or shelter

for the public is far from an exact science, particularly in view of time constraints that prevent

thorough analysis at the time of an emergency. The effectiveness of evacuation and shelter can

be improved considerably by planning and testing. Also, EPA 400 states that sheltering may be

appropriate (when available) for areas not designated for immediate evacuation because: 1) it

positions the public to receive additional instructions; and 2) it may provide protection equal to

or greater than evacuation.

RIS 2004-13

Page 3 of 4

SUMMARY OF ISSUE

The NRC staff has identified a generic misinterpretation of the regulatory requirement to include

sheltering in a licensee's range of protective action recommendations (PARs) consistent with

Federal guidance. The NRC staff has found that some emergency plans specifically state that

the licensee will provide only evacuation as a PAR. In those cases, the appropriate protective

action recommendation consistent with Federal guidance may not be made to State and/or local

authorities. Even if the licensee has established an understanding with State and local

authorities not to recommend a sheltering protective action, 10 CFR 50.47(b)(10) still requires

that sheltering be considered in developing the range of protective action recommendations in

the licensee's emergency plan.

Federal guidance states that sheltering may be the appropriate action for controlled releases of

radioactive material from the containment, if there is assurance that the release is short term

(puff release) and the area near the plant cannot be evacuated before the plume arrives.

Federal guidance also states that sheltering may be appropriate (when available) for areas not

designated for immediate evacuation because: 1) it positions the public to receive additional

instructions; and 2) it may provide protection equal to or greater than evacuation. Additionally, a

licensee's emergency plan, implementing procedures, and notification forms need to include the

consideration of sheltering consistent with Federal guidance.

BACKFIT DISCUSSION

This RIS clarifies the regulatory requirements in 10 CFR 50.47(b)(10) related to the need for

licensees to develop a range of protective actions (including sheltering) for the public in the

plume exposure pathway EPZ. This RIS does not impose new or modified staff requirements or

uniquely prescribe a way to comply with the regulations, or require any action or written

response. Therefore, this RIS does not constitute a backfit under 10 CFR 50.109 and the staff

did not perform a backfit analysis.

FEDERAL REGISTER NOTIFICATION

A notice of opportunity for public comment on this RIS was not published in the Federal Register

because this RIS is informational and pertains to a staff position that does not represent a

departure from current regulatory practice.

RIS 2004-13

Page 4 of 4

PAPERWORK REDUCTION ACT STATEMENT

This RIS does not request any information collections and, therefore, is not subject to the

requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

If you have any questions about this matter, please contact Robert Kahler by telephone or by

e-mail at the numbers listed below.

/RA/

Terrence Reis, Acting Chief

Reactor Operations Branch

Division of Inspection Program Management

Office of Nuclear Reactor Regulation

Technical Contact: Robert Kahler, NSIR

(301) 415-2992

Email: rek@nrc.gov

Attachment: List of Recently Issued Regulatory Issue Summaries

Attachment

RIS 2004-13

Page 1 of 1

LIST OF RECENTLY ISSUED

NRC REGULATORY ISSUE SUMMARIES

____________________________________________________________________________________

Regulatory Issue Date of

Summary No. Subject Issuance Issued to

____________________________________________________________________________________

2004-12 Clarification on Use of Later 07/28/2004 All holders of operating licenses

Editions and Addenda to the for nuclear power reactors except

ASME OM Code and Section XI those who have permanently

ceased operations and have

certified that fuel has been

permanently removed from the

reactor vessel.

2003-18, Use of Nuclear Energy INSTITUTE 07/13/2004 All holders of operating licenses

Supplement 1 (NEI) 99-01, Methodology for for nuclear power reactors and

Development of Emergency Action licensees that have permanently

Levels, Revision 4, Dated January ceased operations and have

2003 certified that fuel has been

permanently removed from the

reactor vessel.

2004-11 Supporting Information Associated 06/29/2004 All submitters of proprietary

with Requests For Withholding information to the Nuclear

Proprietary Information Regulatory Commission.

2004-10 Preparation And Scheduling of 06/14/2004 All holders of operating licenses

Operator Licensing Examinations for nuclear power reactors, except

those who have permanently

ceased operations and have

certified that fuel has been

permanently removed from the

reactor vessel.

2004-09 Status on Deferral of Active 06/07/2004 All holders of materials licenses for

Regulation of Ground-water uranium and thorium recovery

Protection At In Situ Leach facilities.

Uranium Extraction Facilities

2004-08 Results of the License Termination 05/28/2004 All holders of operating licenses

Rule Analysis for nuclear power reactors,

research and test reactors, as well

as decommissioning sites.

Note: NRC generic communications may be received in electronic format shortly after they are

issued by subscribing to the NRC listserver as follows:

To subscribe send an e-mail to <listproc@nrc.gov >, no subject, and the following

command in the message portion:

subscribe gc-nrr firstname lastname

______________________________________________________________________________________

OL = Operating License

CP = Construction Permit