Emergency License Amendment

An Emergency License Amendment is a way to change the TS requirements in a short amount of time. This is normally necessary when an emergent plant problem would normally require a plant shutdown and you don't have enough time to go through a formal 50.90 Amendment process. Therefore, the extent of the change is usually just a temporary LCO allow outage time extension in order to enact repairs.

The faster version of this is the NOED process, which involves a phone call request an minimal review time.

The slower version of this is the Exigent Amendment process which allows for a public comment period of 30 days.

An Emergency License Amendment involves sending a letter to the NRC with an expected turn around of a few days. It is meant for problems with LCO times greater then 3 days.

10 CFR 50.91

10 CFR 50.91, Notice for Public Comment; State Consultation

(a)(5) Where the Commission finds that an emergency situation exists, in that failure to act in a timely way would result in derating or shutdown of a nuclear power plant, or in prevention of either resumption of operation or of increase in power output up to the plant's licensed power level, it may issue a license amendment involving no significant hazards consideration without prior notice and opportunity for a hearing or for public comment. In such a situation, the Commission will not publish a notice of proposed determination on no significant hazards consideration, but will publish a notice of issuance under § 2.106 of this chapter, providing for opportunity for a hearing and for public comment after issuance. The Commission expects its licensees to apply for license amendments in timely fashion. It will decline to dispense with notice and comment on the determination of no significant hazards consideration if it determines that the licensee has abused the emergency provision by failing to make timely application for the amendment and thus itself creating the emergency. Whenever an emergency situation exists, a licensee requesting an amendment must explain why this emergency situation occurred and why it could not avoid this situation, and the Commission will assess the licensee's reasons for failing to file an application sufficiently in advance of that event.

(a)(7) Where the Commission finds that significant hazards considerations are involved, it will issue a Federal Register notice providing an opportunity for a prior hearing even in an emergency situation, unless it finds an imminent danger to the health or safety of the public, in which case it will issue an appropriate order or rule under 10 CFR part 2.

(b)(4) The Commission will make a good faith attempt to consult with the State before it issues a license amendment involving no significant hazards consideration. If, however, it does not have time to use its normal consultation procedures because of an emergency situation, it will attempt to telephone the appropriate State official. (Inability to consult with a responsible State official following good faith attempts will not prevent the Commission from making effective a license amendment involving no significant hazards consideration, if the Commission deems it necessary in an emergency situation.)

see also

• NEI 06-02, License Amendment Request Guidelines

Ways to avoid following the TS.

Time	Type	oe
Normal
> 1 year	Long - NRC is just taking a long time
1 year	Normal - NRC normal review time is expected to be within a year
< 1 year	Shorten - Licensee request a shorter turnaround to meet plant events
< 6 months	Expedited - Licensee requests a fast turnaround. NRC doesn't appreciate this.
Asking permission on a short timeline
< 30 days	Exigent License Amendment	The NRC needs to give a 30 day public comment period unless there is cause.
< 14 days	Emergency License Amendment	The NRC may grant permission without public comment.Public comment period is done afterward.
< 1 day	Notice of Enforcement Discretion (NOED)	NRC chooses not to penalize a licensee for violating TS
Without NRC Permission
Immediately	50.54(x)	A plant Operator has permission to violate TS for a good reason.
Discovered after the fact	You discover that equipment was Inoperable prior to discovery. This usually means a condition prohibited by tech specs.
Resources:
NEI 06-02, License Amendment Request Guidelines