ML093210234

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NRC Regulatory Issue Summary 2009-xx Monitoring the Status of Regulated Activities During a Pandemic
ML093210234
Person / Time
Issue date: 12/07/2009
From:
Generic Communications Projects Branch
To:
Alexion T W, NRR/DPR, 415-1326
References
Download: ML093210234 (7)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION OFFICE OF NUCLEAR REACTOR REGULATION WASHINGTON, DC 20555-0001

[Month, Day], 2009 NRC REGULATORY ISSUE

SUMMARY

2009-xx MONITORING THE STATUS OF REGULATED ACTIVITIES DURING A PANDEMIC ADDRESSEES All holders of operating licenses for nuclear power reactors and research and test reactors (RTRs) 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.

All U.S. Nuclear Regulatory Commission (NRC) fuel cycle facilities licensed under 10 CFR Part 40 or 70 and gaseous diffusion plants certified under 10 CFR Part 76.

All 10 CFR Part 72 specific licensees and certificate holders and holders of operating licenses for nuclear power reactors who have permanently ceased operations and have certified that fuel has been permanently removed from the reactor vessel that are not 10 CFR Part 72 specific licensees.

All holders of radioactive materials licenses under the provisions of 10 CFR Parts 30, 40, and 70, regarding Rules of General Applicability to Domestic Licensing of Byproduct, Source, and Special Nuclear Material with Category 1 and 2 sources.

INTENT The U.S. Nuclear Regulatory Commission (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.

ML093210234

RIS 2009-xx Page 2 of 6 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 at all times when 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 ISSUES 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 The NRC is interested in maintaining situational awareness of the status of its regulated activities during a pandemic 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 />?

RIS 2009-xx Page 3 of 6 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.

It should be noted that 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.

For materials licensees that have less frequent contact with NRC, the NRC regional offices are establishing an e-mail address that can be used to voluntarily submit the information discussed above. Materials licensees will receive a separate communication, by e-mail or phone, identifying the appropriate e-mail address for submitting information concerning 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 XXXX XX, 2009. There were XX comments from stakeholders, which were considered before issuance of this RIS (Agencywide Documents Access and Management System Accession No.

MLXXXXXXXX).

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.

RIS 2009-xx Page 4 of 6 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.

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

E. William Brach, 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 Daniel Dorman, Director Robert 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

RIS 2009-xx Page 5 of 6 Technical Contacts - Office of Nuclear Reactor Regulation (NRR)

Joseph Golla, NRR (301) 415-1002 E-mail: joseph.golla@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

RIS 2009-xx Page 6 of 6 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

RIS 2009-xx Page 6 of 6 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. ML093210234 TAC ME2242 OFFICE DPR/PM DPR/PM Tech Editor OGC/CRA NSIR/DPR/IR/DD OE NHilton LLopez NAME JGolla TAlexion NSanchez BMcDermott for DATE 11/30/09 11/30/09 mm/dd/09 11/16/09 11/16/09 11/18/09 OFFICE NRR/PMDA OIS NRR/DORL/D NSIR/DPR/D OGC/NLO PGCB/LA MLeach NAME JHolonich LHill JGiitter BMcDermott JSuttenberg CHawes TDonnell for for DATE 11/20/09 11/19/09 11/20/09 11/16/09 11/17/09 11/30/09 OFFICE PGCB/PM PGCB/BC NMSS/DSFST/D FSME/MSSA NMSS/FCSS/D NRR/DPR/D SStuchell RLewis DDorman NAME MMurphy EBrach TMcGinty MMurphy for MBurgess for MBailey for DATE 11/30/09 11/30/09 11/18/09 11/19/09 11/25/09 11/30/09 OFFICIAL RECORD COPY