ML061530290

Endorsing NEI White Paper, Enhancements to Emergency Preparedness Programs for Hostile Action

ML061530290
Person / Time
Issue date:	07/19/2006
From:	Ho Nieh NRC/NRR/ADRA/DPR
To:
Norris M, NSIR, 415-4098
References
RIS-06-012
Download: ML061530290 (5)

See also: RIS 2006-12

Text

UNITED STATES

NUCLEAR REGULATORY COMMISSION

OFFICE OF NUCLEAR REACTOR REGULATION

WASHINGTON, DC 20555-0001

July 19, 2006

NRC REGULATORY ISSUE SUMMARY 2006-12

ENDORSEMENT OF NUCLEAR ENERGY INSTITUTE GUIDANCE

ENHANCEMENTS TO EMERGENCY PREPAREDNESS PROGRAMS

FOR HOSTILE ACTION

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 endorse the Nuclear Energy Institute (NEI) guidance entitled Enhancements to Emergency

Preparedness Programs for Hostile Action, dated May 2005 (revised in November 18, 2005).

The NRC finds this document to contain an acceptable implementation methodology for

licensees to apply in adopting the program enhancements discussed in NRC Bulletin 2005-02,

Emergency Preparedness and Response Actions for Security-Based Events. This RIS

requires no action or written response by addressees.

BACKGROUND INFORMATION

Nuclear power plant emergency preparedness (EP) programs are designed to address a wide

range of event scenarios. After the terrorist attacks of September 11, 2001, NRC evaluated the

EP planning basis to ensure it continued to protect the public health and safety in the current

threat environment. In 2002, NRC issued Orders requiring compensatory measures which

include nuclear security and EP. The NRC staff has reviewed all of the responses to these

2002 Orders. The NRC staff has observed licensee performance during security-event-based

EP drills and exercises and security force-on-force exercises. The NRC staff has discussed

security-related EP issues with Federal, State and local government officials and with licensees.

The NRC staff determined that the EP planning basis continues to protect public health and

safety, however, the NRC staff recognizes that enhancements are desirable to ensure effective

plan implementation during security-related events. Examples of such enhancements include

more timely NRC notification, improvement to onsite protective actions and revision of

emergency action levels to identify security-related emergencies more succinctly.

ML061530290

RIS 2006-12

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The NRC staff issued NRC Bulletin 2005-02 on July 18, 2005, to obtain information from

licensees on progress in implementing security-event-related EP program enhancements. The

NRC staffs evaluation of licensee responses to the bulletin indicate that all licensees are

considering or have implemented enhancements to their programs. NEI developed the

enclosed guidance, entitled Enhancements to Emergency Preparedness Programs for Hostile

Action (May 2005, revised November 18, 2005), to clarify the various options available to

licensees to implement these enhancements, and NEI also requested NRC endorsement of

these options in a letter dated November 22, 2005.

SUMMARY OF ISSUE

The NEI guidance clarifies issues, enhances emergency action levels, and provides

implementation methods in support of Bulletin 2005-02. The NRC staff finds that the NEI

guidance remains consistent with the intent of the bulletin and is appropriate for licensee use.

As such, the NRC staff endorses this NEI guidance document with the following clarifications:

1. The NRC staff recognizes the need for the U.S. Department of Homeland Security

(DHS) to be involved in the review and endorsement of proposed enhancements to the

drill and exercise program that impact the demonstration and evaluation of offsite

response organization capabilities in response to a security event-based scenario. In

coordination with DHS, the NRC staff will evaluate changes to the scenario scope or

extent of play for the proposed security event-based EP biennial exercise after NEI

submits forthcoming industry guidelines for the development of EP drill and exercise

threat-based scenarios. Licensees are not expected to schedule security-based biennial

exercises until NRC endorses, in coordination with DHS, forthcoming industry guidelines

and completes revisions to regulation and guidance, as deemed applicable.

2. Attachment 4 (Example Tools for the Development of Onsite Protective Actions) to the

NEI guidance states in the discussion of possible actions, that the phrase take cover is

an action intended to allow the use of an immediately available structure to provide

personnel protection. These structures should be in designated locations that are

located away from potential target buildings as discussed in NRCs Safeguards Advisory

for Operating Power Reactors (SA 05-02). In addition, the examples of the protective

action decision-making tools also should provide site-specific guidance for these

locations.

3. Attachment 5 (Integration and Demonstration of Emergency Response Security

Events) to NEI guidance expects that over a 3-year period, each site will initiate an

integrated drill, using a security event-based scenario, during a year when the licensee

does not have to demonstrate a biennial EP exercise in accordance with Appendix E to

Title 10 of the Code of Federal Regulations (10 CFR) Part 50. However, the project

timeline in Attachment 5 incorrectly specifies this period as July 2006 through December

2008, which is only a 30-month period. Based on discussions with NEI, the appropriate

period for conducting site integrated drills is from September 2006 through August 2009

to allow the opportunity for NEI to provide further guidance and training to industry.

RIS 2006-12

Page 2 of 4

Licensees using the NEI guidance to change their emergency plans should ensure that plan

changes are coordinated with offsite response organizations. Although the NEI guidance

provides an acceptable method for implementing enhancements, licensees may select other

methods. If licensees adopt the changes as written in Bulletin 2005-02 and the NEI guidance,

the NRC staff believes that those changes, on their own, would likely not pose a decrease in

effectiveness and could be performed under 10 CFR 50.54(q) without prior NRC approval.

However, licensees have the responsibility to ensure that changes do not decrease the

effectiveness of the emergency plans and that the changed plans continue to meet the

standards of 10 CFR 50.47(b) and the requirements of Appendix E to 10 CFR Part 50. The

NRC staff recognizes that other methods for implementing the enhancements also may be

acceptable, but note that licensees should review these methods to ensure they do not

decrease the effectiveness of the emergency plans. Without application to and approval by the

NRC, licensee may not implement proposed changes that decrease the effectiveness of the

approved emergency plans.

BACKFIT DISCUSSION

This RIS endorses NEI guidance entitled Enhancements to Emergency Preparedness

Programs for Hostile Action, revised November 2005, as an adequate methodology to

implement the enhancements discussed in Bulletin 2005-02. Any action on the part of

licensees to use the guidance endorsed by this RIS is strictly voluntary. This RIS neither

imposes any new or modified NRC staff requirements, nor prescribes a unique way to comply

with the regulations, nor does it require any action or written response. Therefore, this RIS is

not a backfit under 10 CFR 50.109 and the NRC staff did not perform a backfit analysis.

CONGRESSIONAL REVIEW ACT

This RIS is a rule as designated by the Congressional Review Act (5 U.S.C. §§ 801-808) and,

therefore, is subject to the Act.

FEDERAL REGISTER NOTIFICATION

A notice of opportunity for public comment on this RIS was published in the Federal Register

(71 FR 12716) on March 13, 2006. Comments were received from the public and comment

resolution can be found in the Agencywide Documents Access and Management System under

Accession No. ML061510364.

PAPERWORK REDUCTION ACT STATEMENT

This RIS does not contain information collection requirements that are subject to the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Existing collection requirements under

10 CFR Part 50 were approved by the Office of Management and Budget (OMB), approval

number 3150-0011. The NRC may not conduct or sponsor, and a person is not required to

respond to, an information collection unless the requested document displays a currently valid

OMB control number.

RIS 2006-12

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CONTACT

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

/RA/

Ho K. Nieh, Acting Director

Division of Policy and Rulemaking

Office of Nuclear Reactor Regulation

Technical Contacts: Michael B. Norris, NSIR/DPR Joseph D. Anderson, NSIR/DPR

(301) 415-4098 (301) 415-4114

E-mail: mbn@nrc.gov E-mail: jda1@nrc.gov

Enclosure: NEI Guidance, Enhancements to Emergency Preparedness Programs Hostile

Action, May 2005 (revised November 18, 2005) (Agencywide Document Access

and Management System (ADAMS) Accession No. ML053290326)

Note: NRC generic communications may be found on the NRC public Web site,

http://www.nrc.gov, under Electronic Reading Room/Document Collections.

RIS 2006-12

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CONTACT

PACKAGE: ML061530299, RIS: ML061530290, ENCLOSURE: ML053290326 (TAC MC8203)

OFFICE DPR:NSIR Tech Editor TL:DPR:NSIR BC:DPR:NSIR DD:DPR:NSIR D:DPR:NSIR

NAME MNorris HChang JAnderson EWeiss NMamish ELeeds

DATE 06 / 01 /2006 06 / 07 /2006 06 / 01 /2006 06 / 05 /2006 06 / 07 /2006 06 / 09 /2006

OFFICE BC:ITSB:DIRS D:DORL OE OGC (SBREFA) OGC (NLO) PMAS

NAME TKobetz CHaney DSolorio NSanchez STreby JHarves

DATE 06 / 22 /2006 06 / 28 /2006 06 / 27 /2006 07 / 12 /2006 07 / 12 /2006 06 / 28 /2006

OFFICE OIS LA:PGCB:DPR:NRR PGCB:DPR:NRR BC:PGCB:DPR:NRR D:DPR(A):NRR

NAME MJanney CHawes AWMarkley CJackson HNieh

DATE 06 / 28 /2006 38882 07/12/2006 07/18/2006 07 /19 /2006