ML032580518

Use of NEI 99-01, Methodology for Development of Emergency Action Levels, Revision 4, Dated January 2003

ML032580518
Person / Time
Issue date:	10/08/2003
From:	Beckner W NRC/NRR/DIPM
To:
Blount T 415-1501
References
NEI-99-01, TAC M76820 RIS-03-018
Download: ML032580518 (10)

See also: RIS 2003-18

Text

UNITED STATES

NUCLEAR REGULATORY COMMISSION

OFFICE OF NUCLEAR REACTOR REGULATION

WASHINGTON, D.C. 20555-0001

October 8, 2003

NRC REGULATORY ISSUE SUMMARY 2003-18

USE OF NEI 99-01,

METHODOLOGY FOR DEVELOPMENT OF EMERGENCY ACTION

LEVELS,

REVISION 4, DATED JANUARY 2003

ADDRESSEES

All holders of operating licenses for nuclear power reactors and licensees that 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 inform addressees that the NRC has reviewed Nuclear Energy Institute (NEI) 99-01

Methodology for Development of Emergency Action Levels, Revision 4, January 2003, and is

endorsing the report for use as guidance in developing or changing a standard emergency

classification and action level scheme. In addition, this RIS provides recommendations to

assist licensees in determining whether to seek prior NRC approval of deviations from the new

guidance. This RIS requires no action or written response on the part of an addressee.

BACKGROUND INFORMATION

The regulations governing the development and implementation of emergency action levels

(EALs) for nuclear power licensees are contained in 10 CFR Part 50:

• Section 50.47(b)(4) states, in part: A standard emergency classification and action level

scheme, the bases of which include facility system and effluent parameters, is in use by

the nuclear facility licensee...

ML032580518

RIS 2003-18

Page 2 of 5

• Section IV.B of Appendix E to 10 CFR Part 50 states in part: These emergency action

levels shall be discussed and agreed on by the applicant and State and local

governmental authorities and approved by the NRC...

• Section IV.C, of Appendix E to 10 CFR Part 50 states in part: Emergency action levels

(based not only on onsite and offsite radiation monitoring information but also on

readings from a number of sensors that indicate a potential emergency, such as the

pressure in containment and the response of the Emergency Core Cooling System) for

notification of offsite agencies shall be described...The emergency classes defined shall

include: (1) notification of unusual events, (2) alert, (3) site area emergency, and (4)

general emergency...

The guidance documents used to review EAL schemes are identified in Regulatory

Guide 1.101, Emergency Planning and Preparedness for Nuclear Power Reactors.

• Revision 2 of Regulatory Guide 1.101 states in part: The criteria and recommendations

contained in Revision 1 of NUREG-0654/FEMA-REP-1 are considered by the NRC staff

to be acceptable methods for complying with the standards in 10 CFR 50.47 that must

be met in onsite and offsite emergency response plans. NUREG-O654/FEMA-REP-1,

Revision 1, Criteria for Preparation and Evaluation of Radiological Emergency

Response Plans and Preparedness in Support of Nuclear Power Plants, includes the

following criteria for EALs:

Section Il.D.1: An emergency classification and emergency action level scheme

as set forth in Appendix 1 must be established by the licensee.

Section ll.D.2: The initiating conditions shall include the example conditions

found in Appendix 1 [of NUREG-0654]...

• Revision 3 of Regulatory Guide 1.101 endorsed NUMARC/NESP-007, Methodology for

Development of Emergency Action Levels, Revision 2, dated January 1992, as an

acceptable alternative to NUREG-0654 for developing EAL schemes. In Section D,

Implementation the regulatory guide states:

Except in those cases in which an applicant or licensee proposes

an acceptable alternative method for complying with specific

portions of the Commissions regulations, the method described in

this regulatory guide will be used in the evaluation of emergency

plans and preparedness for nuclear power reactors.

After using the NUMARC/NESP-007 guidance for sometime, the industry and NRC identified

improvements. Many of the industry-identified improvements were captured in NUMARCs

RIS 2003-18

Page 3 of 5

June 1993 Question and Answer (Q&A) document1. In addition, during its review of EAL

schemes developed using NUMARC/NESP-007, the NRC noted areas where the guidance

could be improved to permit less resource-intensive reviews.

SUMMARY OF ISSUE

The purpose of this RIS is to inform licensees that the NRC has revised Regulatory

Guide 1.101 to endorse the updated industry guidance in NEI 99-01, Revision 4. According to

10 CFR Part 50, Appendix E, Section IV.B, EALs developed by licensees must be agreed on by

offsite emergency response authorities and approved by NRC. Licensees may use NEI 99-01,

Revision 4 as an alternative to the NUREG-0654 methodology to develop EALs that are

agreeable to offsite emergency response authorities and acceptable to NRC. Additionally, the

RIS offers staff suggestions to aid licensees in determining whether to obtain prior NRC

approval of changes to their existing EAL scheme in accordance with 10 CFR Part 50,

Appendix E.

The emergency planning standard of 10 CFR 50.47(b)(4) requires that licensees use a

standard emergency classification and action level scheme. The method described in

Regulatory Guide 1.101, Revision 4, will be used in the evaluation of emergency plans and

preparedness for nuclear power reactors, except where an acceptable alternative method for

complying with specific portions of the Commissions regulations is proposed or in use. The

NRC staff will use the guidance documents identified in that regulatory guide to review the

scheme chosen.

The staff recognizes that all changes to EALs do not warrant NRC review and approval.

Licensees may make changes to their emergency plans without prior Commission approval

when the changes do not decrease the effectiveness of the plans and the plans, as changed,

continue to meet the standards of 10 CFR 50.47(b) and the requirements of Appendix E.

Licensees adopting this latest guidance should consider the application of 10 CFR 50.54(q) and

Appendix E,Section IV.B, as appropriate. In this regard licensees should consider the

following:

A. NUREG-0654 users converting to NEI 99-01, Revision 4, should seek NRC prior

approval since this is a change in scheme.

B. NUREG-0654 users updating their existing EAL guidance to include shutdown or

decommissioning EALs should seek prior approval since these changes can significantly

modify existing classification schemes.

C. NUREG-0654 users implementing Independent Spent Fuel Storage Installation (ISFSI)

EALs in addition to an existing scheme should implement changes under 10 CFR

50.54(q) since the changes in this category are enhancements to the existing

classification scheme.

D. NUMARC-007 users implementing decommissioning EALs should seek NRC prior

approval since decommissioning is a significant change in operating condition.

1

In a letter dated June 10, 1993, the NRC concluded that the answers in the Q&A

document met the intent of Revision 3 of Regulatory Guide 1.101.

RIS 2003-18

Page 4 of 5

E. NUMARC-007 users implementing shutdown EALs or ISFSI EALs or updating EALs to

include lessons learned from NEI 99-01, Revision 4, should implement changes under

10 CFR 50.54(q) since these changes are enhancements to the existing classification

scheme.

F. Licensees with hybrid EALs schemes that do not meet any one of the above conditions

should submit changes for prior approval with the exception of implementing ISFSI

EALs in addition to an existing scheme.

The following staff suggestions are intended to enhance the review process. They are not

mandatory or expected to form the basis for a licensees submittal, nor do they address all the

possible issues. Licensees should:

1. Identify the basis document for the current and proposed EAL schemes.

2. Provide a clear, unambiguous statement of the status of the State and local authoritys

agreement to the proposed EAL revision.

3. Provide a cross-reference relating the proposed EAL scheme to the appropriate

standard EAL scheme numbering system.

4. For each deviation from the guidance state why the deviation is appropriate for the

facility, why it does not decrease effectiveness, and how the revised EAL continues to

protect health and safety within the proposed scheme. Such deviations include

instances where the licensee elects not to implement one or more EALs from the

applicable basis document, or proposes an EAL not found in the basis document.

Licensees should follow their regulatory action submittal process and consider the items above

within that framework.

BACKFIT DISCUSSION

This RIS requires no action or written response. Any action on the part of addressees to adopt

the EAL development methodology in NEI 99-01, Revision 4, in accordance with the guidance

contained in this RIS is strictly voluntary and, therefore, is not a backfit under 10 CFR 50.109.

Consequently, 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 it is informational. NRC worked with NEI, industry representatives, members

of the public, and other stakeholders in developing Revision 4 to Regulatory Guide 1.101 to

endorse NEI 99-01. Proposed Revision 4 to Regulatory Guide 1.101 was issued for public

comment as Draft Regulatory Guide DG-1075 in March 2000.

RIS 2003-18

Page 5 of 5

PAPERWORK REDUCTION ACT NOTIFICATION

This RIS does not request any information collection.

If you have any questions about this matter, please contact the person listed below.

/RA/

William D. Beckner, Chief

Reactor Operations Branch

Division of Licensing Program Management

Office of Nuclear Reactor Regulation

Technical Contact: Thomas Blount, NRR

301-415-1501

E-mail: txb1@nrc.gov

Attachment: List of Recently Issued NRC Regulatory Issue Summaries

ML032580518

DOCUMENT NAME: *See previous concurrence

C:\ORPCheckout\FileNET\ML032580518.wpd

OFFICE IEPB:EPHP:DIPM Tech Editor OES:IROB:DIPM IEPB:EPHP:DIPM

NAME TBBlount* PKleene* CDPetrone* EWWeis*

DATE 07/24/2003 07/28/2003 07/31/2003 07/31/2003

OFFICE C:IEPB:DIPM OGC SC:OES:IROB:DIPM C:IROB:DIPM

NAME TRQuay* AFernandez* TReis WDBeckner

DATE 07/31/2003 09/08/2003 09/11/2003 10/08/2003

Attachment

RIS 2003-18

Page 1 of 1

LIST OF RECENTLY ISSUED

NRC REGULATORY ISSUE SUMMARIES

_____________________________________________________________________________________

Regulatory Issue Date of

Summary No. Subject Issuance Issued to

_____________________________________________________________________________________

2003-17 Complying with 10 CFR 35.59, 10/03/2003 All U.S. Nuclear Regulatory

Recentness of Training, for Commission (NRC) medical-use

Board-certified Individuals Whose licensees and NRC master

Training and Experience Were materials license medical-use

Completed More than 7 Years Ago permittees.

2003-16 NRC Threat Advisory and 10/07/2003 (1) All Nuclear Regulatory

Protective Measures System Commission (NRC) power reactor

licensees. (2) All NRC research

and test reactors. (3) All NRC

decommissioning power reactors

and independent spent fuel

storage installations using wet

storage. (4) All NRC independent

spent fuel storage installations

using dry storage. (5) All NRC

Category I fuel facilities. (6) All

NRC Category III fuel facilities.

(7) The NRC regulated uranium

conversion facility. (8) All NRC

regulated gaseous diffusion

plants. (9) All NRC power reactor

licensees, research and test

reactor licensees, independent

spent fuel storage installation

licensees, and special nuclear

material licensees, who possess

spent nuclear fuel; and all general

licensees under 10 CFR 70.20a

who transport spent nuclear fuel

greater than 100 grams.

2003-15 Consolidation of the Region I and 09/05/2003 All materials licensees.

Region Ii Materials Program

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