ML050340531

Consideration of Sheltering in Licensee'S Range of Protective Action Recommendations, Dated August 2004

ML050340531
Person / Time
Issue date:	03/10/2005
From:	Hiland P NRC/NRR/DIPM/IROB
To:
References
D 91686, TAC MC5775 RIS-04-013, Suppl 1
Download: ML050340531 (3)

See also: RIS 2004-13

Text

UNITED STATES

NUCLEAR REGULATORY COMMISSION

OFFICE OF NUCLEAR REACTOR REGULATION

WASHINGTON, D.C. 20555-0001

March 10, 2005

NRC REGULATORY ISSUE SUMMARY 2004-13, SUPPLEMENT 1,

CONSIDERATION OF SHELTERING IN LICENSEES RANGE OF

PROTECTIVE ACTION RECOMMENDATIONS, DATED AUGUST 2004

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 Nuclear Regulatory Commission (NRC) is issuing this Regulatory Issue Summary (RIS) to

supplement previously issued information in RIS 2004-13, Consideration of Sheltering in

Licensees Range of Protective Action Recommendations, dated August 2, 2004. The NRC is

confirming its position that licensees develop a range of protective actions that includes the

consideration of sheltering, and will begin evaluating the use of enforcement action for

licensees in noncompliance. This RIS requires no action or written response by an addressee.

BACKGROUND INFORMATION

The NRC issued RIS 2004-13 in August 2004 to clarify the regulatory requirement that

licensees develop a range of protective actions that includes the consideration of sheltering for

the public in the plume exposure pathway emergency planning zone (EPZ). The regulations

governing protective action recommendations (PARs) are contained in 10 CFR 50.47(b)(10).

RIS 2004-13 describes in detail the requirements regarding the consideration of sheltering as a

PAR. The details of RIS 2004-13 remain applicable.

SUMMARY OF ISSUE

In RIS 2004-13, the NRC clarified its position that licensees shall develop a range of protective

actions that includes the consideration of sheltering. In addition to the technical discussion in

RIS 2004-13, the events of September 11, 2001 have caused the NRC to increase the focus on

the range of protective actions appropriate in today's threat environment. The NRC has

decided to use discretion and not take enforcement action for this issue for a period extending

90 days following the issuance of this supplement. This action is intended to give licensees

sufficient time to evaluate this issue and update their emergency plans as necessary.

ML050340531

RIS 2004-13, Sup 1

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BACKFIT DISCUSSION

This RIS supplement confirms the regulatory requirement in 10 CFR 50.47(b)(10) that licensees

develop a range of protective actions that includes the consideration of sheltering for the public

in the plume exposure pathway EPZ. This RIS supplement does not impose new or modified

staff requirements or uniquely prescribe a way to comply with regulations or require any action

or written response. Therefore, the RIS supplement 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 it is informational and pertains to a staff position that does not represent a

departure from current regulatory practice.

SMALL BUSINESS REGULATORY ENFORCEMENT FAIRNESS ACT OF 1996

The NRC has determined that this action is not subject to the Small Business Regulatory

Enforcement Fairness Act of 1996.

PAPERWORK REDUCTION ACT NOTIFICATION

This RIS does not contain 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.). Existing

requirements are covered under 10 CFR Part 50 (3150-0011).

CONTACT

If you have any questions regarding this matter, please contact Nathan Sanfilippo using the

telephone or email contact information listed below.

/RA/

Patrick L. Hiland, Chief

Reactor Operations Branch

Division of Inspection Program Management

Office of Nuclear Reactor Regulation

Technical Contact: Nathan T. Sanfilippo, NSIR

301-415-3951

email: nts1@nrc.gov

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

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

ML050340531

OFFICE DPR:NSIR Tech Editor DPR:NSIR DPR:NSIR SC:IROB:DIPM D:DLPM CRGR OE

NAME NTSanfilippo PKleene ACMcMurtray NLMamish THBoyce TMarsh SBahadur FJCongel

DATE 02/04/2005 02/02/2005 02/09/2005 02/11/2005 02/14/2005 02/23/2005 03/03/2005 03/01/2005

OFFICE OGC (NLO) PMAS OIS OES:IROB:DIPM SC:OES:IROB:DIPM C:IROB:DIPM

NAME LJChandler DLMcCain BCStMary AWMarkley ELBenner PLHiland

DATE 02/17/2005 03/03/2005 03/02/2005 03/03/2005 03/092005 03/10/2005