ML032580518
| 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...
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
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.
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.
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
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
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
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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