ML050340531
| 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.
RIS 2004-13, Sup 1
Page 2 of 2
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.
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