IMC 0309, Reactive Inspection Decision Basis for Reactors

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Reactive Inspection Decision Basis for Reactors

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NRC INSPECTION MANUAL IRIB

INSPECTION MANUAL CHAPTER 0309

REACTIVE INSPECTION DECISION BASIS FOR POWER REACTORS

0309-01 PURPOSE

01.01 To provide amplifying direction and guidance to the Office of Nuclear Reactor Regulation (NRR) and the regional staff for implementing the requirements prescribed in Management Directive (MD) 8.3, “NRC Incident Investigation Program.”

01.02 To provide a detailed list of deterministic criteria that can be used on their own or in conjunction with a probabilistic risk assessment as a decision basis for implementing Incident Investigation Teams (IITs), Augmented Inspection Teams (AITs), and Special

Inspections (SIs).

01.03 To provide guidance on the use of risk metrics and probabilistic risk assessment to inform the need for a reactive inspection.

01.04 To discuss the availability of various tools to communicate with internal and external stakeholders on event response and assessment.

01.05 To provide a sample format to use when documenting reactive inspection decisions.

0309-02 BACKGROUND

It is the policy of the U.S. Nuclear Regulatory Commission (NRC) to ensure that significant events involving reactor and materials facilities licensed by the NRC are investigated in a timely, objective, systematic, and technically sound manner; that the information pertaining to each event is documented; and that the cause or causes of each event are ascertained. MD 8.3 is the agency-level governing document for this Inspection Manual Chapter (IMC). MD 8.3 includes deterministic and risk criteria for determining the agency’s appropriate event response and delineates office-level responsibilities for significant event responses. A significant event is any radiological, safeguards, or other safety-related event at an NRC-licensed facility that poses an actual or significant potential hazard to public health and safety, property, or the environment.

This IMC also refers to a significant event as an “event” or “incident.” Significant events include initiating events (e.g., complicated reactor trips) and significant degraded conditions. This IMC provides specific roles and responsibilities for the staff involved in the event response process as well as guidance for developing cooperative staff-level relationships among the participating offices. Inspection Procedure (IP) 71153, “Follow Up of Events and Notices of Enforcement Discretion,” is used to gather the information needed to evaluate events and to assess their significance. This information and the directions in this IMC are then used to make reactive inspection decisions. IP 93812, “Special Inspection,” and 93800, “Augmented Inspection Team,” provide implementing directions for reactive inspection responses. NUREG-1303, “Incident Investigation Manual,” details the procedures involved in conducting an IIT.

0309-03 RESPONSIBILITIES

03.01 Operating Experience Branch (IOEB)

IOEB is responsible for the initial NRR follow-up of significant events at power reactors and is the initial NRR point of contact to coordinate event evaluation. IOEB works with the regional offices and inspectors to develop event details. IOEB contacts appropriate technical branches and the project manager (PM) for support to address relevant technical and regulatory issues, including safety significance determinations. If an event or condition warrants headquarters involvement in the reactive inspection decision, IOEB participates in the decision-making process (see section 04.05).

03.02 Probabilistic Risk Assessment Operational Support and Maintenance Branch (APOB)

At the request of IOEB or the regional office, APOB evaluates the risk associated with

significant events at power reactors. The APOB risk analyst should seek a consensus

with the regional Senior Risk Analysts (SRAs) on the event’s risk significance so that

regional and headquarters managers receive consistent risk insights. Differences

between headquarters and regional risk assessments, that could affect the response

decision, should be explained to the decision makers. APOB provides the risk input to

NRR management through IOEB. If an event or condition warrants headquarters

involvement in the reactive inspection decision, APOB participates in the decisionmaking process (see section 04.05).

03.03 Other Technical Branches/NRR

At the request of IOEB, the Division of Operating Reactor Licensing (DORL), or the

regional offices, NRR technical branches provide technical support for resolving issues

identified during follow-up of significant events.

03.04 Division of Operating Reactor Licensing (DORL)

The DORL PM keeps abreast of significant events at assigned power reactor plant(s)

and provides logistical support for regional offices and other NRR staff during the shortterm event response. The PM promptly alerts IOEB to potentially significant events. If an event or condition warrants consideration of an AIT or IIT, the PM provides logistical

support by setting up a conference between headquarters and the regional office (see

section 04.05).

03.05 Regional Staff

The regional staff formulates recommendations to their respective Regional

Administrator (RA) regarding appropriate event response and places a completed

MD 8.3 determination in the Agencywide Documents Access and Management System

(ADAMS) once a decision is finalized. If an event or condition warrants consideration of

an AIT or IIT, staff will participate in the decision-making process (see section 04.05).

When the decision is made to launch a reactive inspection, the staff will develop an

inspection charter and place it in ADAMS.

03.06 Division of Preparedness and Response/Incident Response Directorate (DPR/IRD)

DPR/IRD is part of the Office of Nuclear Security and Incident Response (NSIR). If an

event or condition warrants consideration of an AIT or IIT, IRD will participate in the

decision-making process (see section 04.05).

The flow of communication among the participating staff organizations and the

decision-making points is depicted in figure 1.

Figure 1: Flow Chart for AIT or IIT Decision-Making

0309-04 REQUIREMENTS

04.01 Initial Event Notification and Follow-up

When NRR is notified of a potentially significant event, or an event with potential generic

implications, IOEB will coordinate initial NRR event follow-up activities, working with the

regional office to understand the significance and generic implications of the event. The

DORL PM is kept informed of the event information and provides logistical support for

further appropriate NRR event follow-up activities. IOEB requests assistance from NRR

technical staff as needed. Regional staff may request technical support from NRR by

contacting IOEB.

04.02 Risk Significance

Power reactor events are evaluated for risk significance when one or more of the

deterministic criteria listed in table 1 are met. In NRR, APOB in coordination with the

responsible regional office promptly evaluates the risk of events or degraded conditions

when the risk estimate conducted by the regional SRA is ≥1E-5 conditional core damage

probability (CCDP) or ≥1E-6 conditional large early release probability (CLERP), or when

requested by the regional staff. In such cases, all currently available event or

degraded-condition-related risk information will be promptly provided to APOB for risk

evaluation. APOB communicates with its regional counterparts (e.g., the regional SRAs)

and IOEB to share pertinent risk information to reach a consensus on the risk

significance of the event or degraded condition. The regional SRAs inform regional

management of the risk significance, and APOB provides the NRR risk input and

uncertainty estimates to NRR management, typically through IOEB. Additionally, the

Office of Nuclear Regulatory Research can provide risk analysis support upon request.

04.03 Risk Measures and Quantitative Criteria for Reactive Inspections

a. Deterministic Screening. The purpose of this deterministic screening is to eliminate the

need to perform a detailed risk assessment for events that are low risk and well

understood. Appropriately managed plant configurations due solely to planned

maintenance under applicable rules and regulations (e.g., Title 10 of the Code of Federal

Regulations (10 CFR) 50.65(a)(4); 10 CFR 50.59, “Changes, tests, and experiments”;

and technical specifications) need not be considered.

Table 1: Reactor Safety Deterministic Screening Criteria for Risk Assessment

Criteria Deterministic Screening Criteria for Risk Assessment

1 Involved operations that exceeded, or were not included in, the design bases of the

facility

2 Involved a major deficiency in design, construction, or operation having potential

generic safety implications

3 Led to a significant loss of integrity of the fuel, the primary coolant pressure

boundary, or the primary containment boundary of a nuclear reactor

4 Led to the loss of a safety function or multiple failures in systems used to mitigate

an actual event

5 Involved possible adverse generic implications

6 Involved significant unexpected system interactions

7 Involved repetitive failures or events involving safety-related equipment or

deficiencies in operations

8 Involved questions or concerns pertaining to licensee operational performance

b. Risk Assessment. Evaluate the risk of significant events or conditions at power reactors

meeting any of the deterministic screening criteria in table 1, as follows: CCDP best

reflects loss of defense in depth due to the event, regardless of whether the cause is

deficient licensee performance. CCDP accounts for actual plant configuration, including

equipment unavailable because of maintenance and testing. IMC 0609, “Significance

Determination Process,” addresses CCDP determination. Although CCDP represents a

fundamentally different concept for events than for degraded conditions that do not

initiate an event, the same guidelines may be applied to both in order to assist

management in its risk-informed decision-making.

The lack of complete event information at the time of the NRC response decision

focuses attention on the uncertainty of influential assumptions and their effect on the risk

significance. IP 71153 discusses inspector inputs to risk analyses that are needed to

understand the risk significance. In determining risk significance of an event, NRC

should assess the potential influence on risk of the following:

• dominant core damage sequence(s)

• level of confidence in failure/unavailability values assumed for the sequence(s)

• influence on the CCDP estimate of contributing factors where the confidence

level is low

Table 2 provides recommended event response thresholds as a function of CCDP. The

overlap of options relative to CCDP levels provides the opportunity to select different

inspection or investigation options on the basis of such factors as uncertainty of the risk

estimate coupled with the deterministic insights. Risk insights should also be used in

considering the number of inspectors, their expertise, and the areas of focus.

Table 2: Event Response as a Function of CCDP

Estimated CCDP

CCDP < 1E-6 1E-6 –> 1E-5 1E-5 –> 1E-4 1E-4 –> 1E-3 CCDP > 1E-3

No Additional Inspection

SI

AIT

IIT

In addition to core damage risk, NRC should assess whether degraded conditions could

increase the likelihood of a large early release resulting from containment failure or

containment bypass. For events or degraded conditions associated with containment

performance or bypass, the risk of a large early release (e.g., the CLERP) is evaluated,

if practical, in addition to CCDP. Table 3 lists appropriate reactive inspection thresholds

as a function of CLERP.

Table 3: Event Response as a Function of CLERP

Estimated CLERP

CLERP < IE-7 1E-7 –> 1E-6 1E-6 –> 1E-5 1E-5 –> 1E-4 CLERP > 1E-4

No Additional Inspection

SI

AIT

IIT

If the risk assessment is ≥1E-5 CCDP or ≥1E-6 CLERP, regional management will

promptly contact NRR (IOEB), as coordination with headquarters will be necessary (see

figure 1 and section 04.05).

In some cases, the adequacy of risk assessment models, assumptions, and

uncertainties may make it difficult to numerically quantify risk. In such cases,

recommendations should rely on the deterministic criteria and the NRC’s current

understanding of the event and its causes.

04.04 Deterministic Factors for Reactive Inspections

In addition to the significant events at power reactors discussed in section 04.03, there

are other significant events (related to reactor safety, radiation safety, or safeguards and

security) that may occur at an NRC-licensed facility. The factors that cause these other

types of incidents are not necessarily part of a licensee’s probabilistic risk assessment

(PRA) model, and their risk significance may not be easily quantified. Therefore, the

incidents must be examined using deterministic criteria, considering safety, margin,

defense in depth, and additional factors when deciding on the appropriate level of

reactive inspection. The NRC also considers additional factors such as openness, public

interest, and public safety as appropriate when deciding whether to dispatch an IIT, AIT,

or SI. These additional deterministic criteria are listed in section 04.05 (and in

Enclosure 2). Tables 4, 5, and 6 list these additional deterministic criteria. They are

organized by incident type (reactor safety, radiation safety, safeguards/security) and by

the reactive inspection warranted.

For these criteria, no quantitative risk assessment is required, and meeting any one of

the deterministic criteria is the basis for considering an IIT, AIT, or SI (as specified)

informed by consideration of safety, margin, defense in depth, and additional factors.

Issue Date: 12/14/23 8 0309

Table 4: Reactor Safety Deterministic Criteria

Reactor Safety—Deterministic Criteria

Criteria Consider IIT

1 Led to a site area emergency (MD 8.3)

2 Exceeded a safety limit of the licensee's technical specifications (MD 8.3)

3

Involved circumstances sufficiently complex, unique, or not well enough understood,

or involved safeguards concerns, or involved characteristics the investigation of which

would best serve the needs and interests of the Commission (MD 8.3)

Criteria Consider SI

4 Significant failure to implement the emergency preparedness program during an actual

event, including the failure to classify, notify, or augment onsite personnel

5

Involved significant deficiencies in operational performance which resulted in

degrading, challenging, or disabling a safety system function or resulted in placing the

plant in an unanalyzed condition for which available risk assessment methods do not

provide an adequate or reasonable estimate of risk

Table 5: Radiation Safety Deterministic Criteria

Radiation Safety Deterministic Criteria

Criteria Consider IIT

1

Led to a significant radiological release (levels of radiation or concentrations of

radioactive material in excess of 10 times any applicable limit in the license or

10 times the concentrations specified in 10 CFR Part 20, Appendix B, Table 2, when

averaged over a year) of byproduct, source, or special nuclear material to unrestricted

areas (MD 8.3)

2

Led to a significant occupational exposure or significant exposure to a member of the

public. In both cases, “significant” is defined as five times the applicable regulatory

limit (except for shallow-dose equivalent to the skin or extremities from discrete

radioactive particles) (MD 8.3)

3

Involved the deliberate misuse of byproduct, source, or special nuclear material from

its intended or authorized use, which resulted in the exposure of a significant number

of individuals (MD 8.3)

4 Involved byproduct, source, or special nuclear material, which may have resulted in a

fatality (MD 8.3)

Issue Date: 12/14/23 9 0309

Radiation Safety Deterministic Criteria

5

Involved circumstances sufficiently complex, unique, or not well enough understood,

or involved safeguards concerns, or involved characteristics the investigation of which

would best serve the needs and interests of the Commission (MD 8.3)

Criteria Consider AIT

6

Led to a radiological release of byproduct, source, or special nuclear material to

unrestricted areas that resulted in occupational exposure or exposure to a member of

the public in excess of the applicable regulatory limit (except for shallow-dose

equivalent to the skin or extremities from discrete radioactive particles) (MD 8.3)

7

Involved the deliberate misuse of byproduct, source, or special nuclear material from

its intended or authorized use and had the potential to cause an exposure of greater

than 5 rem to an individual or 500 mrem to an embryo or fetus (MD 8.3)

8

Involved the failure of radioactive material packaging that resulted in external radiation

levels exceeding 10 rads/hr or contamination of the packaging exceeding 1000 times

the applicable limits specified in 10 CFR 71.87 (MD 8.3)

9 Involved the failure of the dam for mill tailings with substantial release of tailings

material and solution off site (MD 8.3)

Criteria Consider SI

10

May have led to an exposure in excess of the applicable regulatory limits, other than

via the radiological release of byproduct, source, or special nuclear material to the

unrestricted area; specifically

• occupational exposure in excess of the regulatory limits in 10 CFR 20.1201

• exposure to an embryo/fetus in excess of the regulatory limits in

10 CFR 20.1208

• exposure to a member of the public in excess of the regulatory limits in

10 CFR 20.1301

10

May have led to an unplanned occupational exposure in excess of 40 percent of the

applicable regulatory limit (excluding shallow-dose equivalent to the skin or extremities

from discrete radioactive particles)

11 Led to unplanned changes in restricted area dose rates in excess of 20 rem per hour

in an area where personnel were present or which is accessible to personnel

12

Led to unplanned changes in restricted area airborne radioactivity levels in excess of

500 derived air concentration (DAC) in an area where personnel were present or

which is accessible to personnel and where the airborne radioactivity level was not

promptly recognized and/or appropriate actions were not taken in a timely manner

Radiation Safety Deterministic Criteria

13

Led to an uncontrolled, unplanned, or abnormal release of radioactive material to the

unrestricted area

• for which the extent of the offsite contamination is unknown; or,

• that may have resulted in a dose to a member of the public from loss of

radioactive material control in excess of 25 mrem (10 CFR 20.1301(e)); or,

• that may have resulted in an exposure to a member of the public from effluents

in excess of the as low as reasonably achievable (ALARA) guidelines contained

in Appendix I to 10 CFR Part 50

14

Led to a large (typically greater than 100,000 gallons), unplanned release of

radioactive liquid inside the restricted area that has the potential for ground-water, or

offsite, contamination

15

Involved the failure of radioactive material packaging that resulted in external radiation

levels exceeding 5 times the accessible area dose rate limits specified in

10 CFR Part 71, or 50 times the contamination limits specified in 49 CFR Part 173

16

Involved an emergency or non-emergency event or situation, related to the health and

safety of the public or on-site personnel or protection of the environment, for which a

10 CFR 50.72 report has been submitted that is expected to cause significant,

heightened public or government concern

Table 6: Security Deterministic Criteria

Security Deterministic Criteria

Criteria Consider IIT

1

Involved circumstances sufficiently complex, unique, or not well enough understood,

or involved safeguards concerns, or involved characteristics the investigation of which

would best serve the needs and interests of the Commission (MD 8.3)

2 Failure of licensee significant safety equipment or adverse impact on licensee

operations as a result of a safeguards initiated event (e.g., tampering)

3 Actual intrusion into the protected area

Criteria Consider AIT

4 Involved a significant infraction or repeated instances of safeguards infractions that

demonstrate the ineffectiveness of facility security provisions (MD 8.3)

5 Involved repeated instances of inadequate nuclear material control and accounting

provisions to protect against theft or diversions of nuclear material (MD 8.3)

6 Confirmed tampering event involving significant safety or security equipment

7

Substantial failure in the licensee’s intrusion detection or package/personnel search

procedures which results in a significant vulnerability or compromise of plant safety or

security

Criteria Consider SI

8

Involved inadequate nuclear material control and accounting provisions to protect

against theft or diversion, as evidenced by inability to locate an item containing special

nuclear material (such as an irradiated rod, rod piece, pellet, or instrument)

9 Involved a significant safeguards infraction that demonstrates the ineffectiveness of

facility security provisions

10 Confirmation of lost or stolen weapon

11 Unauthorized, actual non-accidental discharge of a weapon within the protected area

12 Substantial failure of the intrusion detection system (not weather related)

13

Failure to the licensee’s package/personnel search procedures which results in

contraband or an unauthorized individual being introduced into the protected area

14

Potential tampering or vandalism event involving significant safety or security

equipment where questions remain regarding licensee performance/response or a

need exists to independently assess the licensee’s conclusion that tampering or

vandalism was not a factor in the condition(s) identified

04.05 Recommendation and Decision

If the review of the event under sections 04.03 and 04.04 yields an SI, the RA will decide

whether to initiate the SI. In this case, regional management may consult with NRR and

NSIR but is not required to do so.

If the review of the event under section 4.03 and 04.04 yields an AIT recommendation or

falls within the SI/AIT overlap region, the regional staff shall promptly contact IOEB and

provide event details. IOEB will direct the DORL PM to coordinate a conference with

representatives from the regional office, DORL, APOB, IOEB, and NSIR/DPR to discuss

whether an SI or AIT is more appropriate. In such cases, the RA, in consultation with the

NRR Office Director and NSIR Office Director, makes the final decision on whether to

proceed with an SI or AIT.

If the review of the event under section 4.03 and 04.04 yields an IIT recommendation or

falls within the AIT/IIT overlap region, the Directors of NRR and NSIR will consult with

the RA and provide a recommendation to the Executive Director for Operations (EDO).

In such cases, the EDO, in consultation with the RA, will make the ultimate decision on

whether to proceed with an AIT or IIT.

The regional office will notify the licensee of its intentions once a final decision is made

to launch an SI or AIT.

04.06 Documentation

Enclosure 1 provides a form for regional personnel to use when documenting their

decision whether to pursue a reactive inspection based on evaluation of the deterministic

and risk criteria in section 04.03. Enclosure 2 provides a form for regional personnel to

use when documenting their decision whether to pursue a reactive inspection based on

evaluation of the deterministic criteria in section 04.04. To fully document the basis for

not performing a reactive inspection, both enclosures 1 and 2 should be completed. As

noted in enclosure 2, the regions may customize the form to fit regional protocols, but

the deterministic criteria should not be changed. The form, along with specific

instructions for its completion by regional staff, should be included in regional office

instructions or implementing procedures. Basic guidelines include:

• As appropriate and known, describe the event or degraded conditions, apparent

system interactions, operational responses, impacts on safety and safety functions,

site conditions, and modes of operation in the Brief Description of the Significant

Event or Degraded Condition section. Reference any event notifications received in

response to the event or degraded condition.

• If none of the deterministic criteria were met, provide sufficient detail to justify the

conclusion in the criteria Remarks section as appropriate. Also, state that no

deterministic criteria were met in the Response Decision section of the form.

• If one or more of the deterministic criteria were met, provide sufficient detail to justify

the conclusion in the criteria Remarks section. When applicable under section 04.03,

request an SRA perform a risk assessment and document results in the Conditional

Risk Assessment section of the form.

Issue Date: 12/14/23 13 0309

• Avoid documenting a commitment to perform additional event-related inspection

when the MD 8.3 evaluation determines no additional reactive inspection is

warranted.

• Additional guidance for when it may be appropriate to not perform an MD 8.3

evaluation as well as examples of completed MD 8.3 evaluations are included in

exhibit 1.

After documenting the agency’s reactive inspection decision, its basis, and a sufficient

response for each criterion, place the documented decision in ADAMS and profile using

template “NRR-123: Management Directive (MD) 8.3, Reactive Inspection Evaluation”

(ML18233A547) generally no more than 7 calendar days after the event or discovery of

the degraded condition. Submit the document to the Document Processing Center after

it is either determined that the document is sensitive or, when non-sensitive, coincident

with the publication of the associated inspection report documenting related inspection.

[C1]

04.07 Inspection Charter

The purpose of the charter is to delineate the general scope of the reactive inspection

and to facilitate fact gathering and understanding. Available risk insights and apparent

causal indications should be used to develop the charter’s scope. The charter may

reasonably include an examination of the conditions preceding the event, event

chronology, system responses, human factors, safety culture, equipment performance,

quality assurance, radiological considerations, safeguards considerations, event

precursors, event response, operating experience, and safety or security impacts in

determining the causes of the significant event and in support of appropriate agency

follow-up actions. The charter should assess immediate corrective actions and

compensatory measures taken to address immediate safety or security concerns. The

charter should be consistent with the risk insights and the event’s complexity.

Reactive inspections are focused on fact-gathering and a thorough independent review

of events. When the inspection is complete, the inspector should consider providing

feedback to headquarters on any suggested changes to prevent or reduce the frequency

of the significant events or enhance oversight processes.

The charter should not attempt to assess the adequacy of any longer-term corrective

actions used to improve licensee performance and prevent recurrence of significant

conditions, as these follow-up activities are addressed using supplemental or baseline

inspections. Performing these activities during a reactive inspection may delay prompt

dissemination of the facts and circumstances surrounding the significant event and

impose an unwarranted regulatory burden on licensees.

For SIs and AITs, the inspection charter is generally communicated as an enclosure to a

memorandum from the RA to the leader, with copies provided to the NRR office director,

Office of Public Affairs (OPA), Regional Public Affairs Officer, affected licensee, and

NSIR office director when related to security or emergency planning. The charter may be

modified during a reactive inspection in consultation with management, if the inspection

develops significant new information that warrants review.

04.08 Communications

Communication tools that are available to enhance the effectiveness and efficiency of

the agency’s communications with its stakeholders. The NRC has developed the “Event

Response and Assessment Communications Plan,” which is available in the ADAMS

Main Library internal folder entitled “Communication Plans.”

The communication tools available for event or degraded condition response and

assessment include the following:

• a communications team

• central tracking of controlled correspondence

• a notification sequence for significant regulatory documents

• formalized questions and answers for common and expected significant events for

use by the OPA during initial event response

• a dedicated web page for each event

If it is determined that a communications team is warranted, DORL typically plays the

key NRR role in developing and coordinating the communications team and subsequent

communications activities. Specific communication activity assignments are determined

by the communications team. IOEB, the Regional Offices, and other NRR branches

support such DORL activities, as needed. Communication activities typically continue

beyond the initial phase of investigative response until their goals have been

accomplished.

Reactive inspections may generate high public interest. The RA in consultation with the

OPA, may elect to open a reactive inspection exit meeting to the public. Alternately, the

RA may decide it is more appropriate to have a separate public meeting, press

conference, or both in lieu of a public meeting with the licensee.

04.09 Allegations

If, during the course of evaluating events using this procedure, the inspector(s) suspect

that there might be an element of willfulness or intentional wrongdoing, they will

(1) prepare and submit an allegation receipt form to the appropriate regional office with

the inspector(s) as the concerned individual(s), (2) inform the appropriate regional

manager(s) of the suspicion, and (3) handle the potential willfulness or intentional

wrongdoing in accordance with the allegation process. This should be done regardless

of whether a reactive inspection is conducted.

0309-05 REFERENCES

“Event Response and Assessment Communications Plan,” October 3, 2000 (ML003774969)

IMC 0609, “Significance Determination Process”

IP 71153, “Follow Up of Events and Notices of Enforcement Discretion”

Issue Date: 12/14/23 15 0309

IP 93800, “Augmented Inspection Team”

IP 93812, “Special Inspection”

MD 8.2, “NRC Incident Response Program”

MD 8.3, “NRC Incident Investigation Program”

NUREG-1303, “Incident Investigation Manual”

END

Exhibit 1: Additional Guidance and Examples

Below is a list of events and conditions that generally would not warrant an MD 8.3 evaluation

unless they are exacerbated by other issues that contributed to those events and conditions or

complexities that occurred because of those events and conditions:

1. Uncomplicated reactor trips or scrams (manual or auto).

2. Scaffolding found to have potentially impacted only a single safety related system operation.

3. Safety system instrumentation found out of calibration via periodic testing or surveillance.

4. Inadvertent discharge of Freon, fire water, carbon dioxide or Halon having no adverse

impact on plant operations.

5. Tritium leaks found because of scheduled testing or investigation by the licensee.

6. Loss of spent fuel cooling with little or no pool temperature rise (delta of 15ºF and highest

temp below 140ºF).

7. Balance of plant transients that do not result in a plant trip/scram.

8. Short-term losses of shutdown cooling/decay heat removal which were readily recovered

(Less than 20 percent of Margin to Time to Boil).

9. Isolated surveillance testing failures (not readily known to be repetitive, generic, or common

mode in nature).

10. Loss of secondary containment (BWR).

Examples of MD 8.3 determinations [C2]:

Search ADAMS for Document Type “MD 8.3 Reactive Inspection Evaluation”

Issue Date: 12/14/23 Encl1-1 0309

Enclosure 1: Decision Documentation for Reactive Inspection

(Deterministic and Risk Criteria Analyzed)

Decision Documentation for Reactive Inspection

(Deterministic and Risk Criteria Analyzed)

PLANT: EVENT DATE: EVALUATION DATE:

Brief Description of the Significant Event or Degraded Condition:

Y/N DETERMINISTIC CRITERIA

Involved operations that exceeded, or were not included in, the design bases of the

facility

Remarks:

Involved a major deficiency in design, construction, or operation having potential

generic safety implications

Remarks:

Led to a significant loss of integrity of the fuel, primary coolant pressure boundary, or

primary containment boundary of a nuclear reactor

Remarks:

Led to the loss of a safety function or multiple failures in systems used to mitigate an

actual event

Remarks:

Involved possible adverse generic implications

Remarks:

Involved significant unexpected system interactions

Remarks:

Involved repetitive failures or events involving safety-related equipment or deficiencies

in operations

Remarks:

Involved questions or concerns pertaining to licensee operational performance

Remarks:

Issue Date: 12/14/23 Encl1-2 0309

CONDITIONAL RISK ASSESSMENT

RISK ANALYSIS BY: DATE:

Brief Description of the Basis for the Assessment (may include assumptions, calculations,

references, peer review, or comparison with licensee’s results):

The estimated conditional core damage probability (CCDP) is ___________________ and

places the risk in the range of a _______________ and ____________________ inspection.

Issue Date: 12/14/23 Encl1-3 0309

RESPONSE DECISION

USING THE ABOVE INFORMATION AND OTHER KEY ELEMENTS OF CONSIDERATION

AS APPROPRIATE, DOCUMENT THE RESPONSE DECISION TO THE EVENT OR

CONDITION, AND THE BASIS FOR THAT DECISION

DECISION AND DETAILS OF THE BASIS FOR THE DECISION:

BRANCH CHIEF REVIEW: DATE:

DIVISION DIRECTOR REVIEW: DATE:

ADAMS ACCESSION NUMBER:

EVENT NOTIFICATION REPORT NUMBER (as applicable):

Profiled using template NRR-123 (ML18233A547)

Note: The above tables are provided as examples only. The regions have discretion to modify

these tables in their implementing procedures or office instructions.

Issue Date: 12/14/23 Encl2-1 0309

Enclosure 2: Decision Documentation for Reactive Inspection and Examples

(Deterministic-only Criteria Analyzed)

Decision Documentation for Reactive Inspection

(Deterministic-only Criteria Analyzed)

PLANT: EVENT DATE: EVALUATION DATE:

Brief Description of the Significant Event or Degraded Condition:

REACTOR SAFETY

Y/N IIT Deterministic Criteria

Led to a Site Area Emergency

Remarks:

Exceeded a safety limit of the licensee's technical specifications

Remarks:

Involved circumstances sufficiently complex, unique, or not well enough understood,

or involved safeguards concerns, or involved characteristics the investigation of

which would best serve the needs and interests of the Commission

Remarks:

Y/N SI Deterministic Criteria

Significant failure to implement the emergency preparedness program during an

actual event, including the failure to classify, notify, or augment onsite personnel

Remarks:

Involved significant deficiencies in operational performance which resulted in

degrading, challenging, or disabling a safety system function or resulted in placing

the plant in an unanalyzed condition for which available risk assessment methods

do not provide an adequate or reasonable estimate of risk.

Remarks:

Issue Date: 12/14/23 Encl2-2 0309

RADIATION SAFETY

Y/N IIT Deterministic Criteria

Led to a significant radiological release (levels of radiation or concentrations of

radioactive material in excess of 10 times any applicable limit in the license or 10

times the concentrations specified in 10 CFR Part 20, Appendix B, Table 2, when

averaged over a year) of byproduct, source, or special nuclear material to

unrestricted areas

Remarks:

Led to a significant occupational exposure or significant exposure to a member of

the public. In both cases, “significant” is defined as five times the applicable

regulatory limit (except for shallow-dose equivalent to the skin or extremities from

discrete radioactive particles)

Remarks:

Involved the deliberate misuse of byproduct, source, or special nuclear material from

its intended or authorized use, which resulted in the exposure of a significant

number of individuals

Remarks:

Involved byproduct, source, or special nuclear material, which may have resulted in

a fatality

Remarks:

Involved circumstances sufficiently complex, unique, or not well enough understood,

or involved safeguards concerns, or involved characteristics the investigation of

which would best serve the needs and interests of the Commission

Remarks:

Y/N AIT Deterministic Criteria

Led to a radiological release of byproduct, source, or special nuclear material to

unrestricted areas that resulted in occupational exposure or exposure to a member

of the public in excess of the applicable regulatory limit (except for shallow-dose

equivalent to the skin or extremities from discrete radioactive particles)

Remarks:

Issue Date: 12/14/23 Encl2-3 0309

Involved the deliberate misuse of byproduct, source, or special nuclear material from

its intended or authorized use and had the potential to cause an exposure of greater

than 5 rem to an individual or 500 mrem to an embryo or fetus

Remarks:

Involved the failure of radioactive material packaging that resulted in external

radiation levels exceeding 10 rads/hr or contamination of the packaging exceeding

1000 times the applicable limits specified in 10 CFR 71.87

Remarks:

Involved the failure of the dam for mill tailings with substantial release of tailings

material and solution off site

Remarks:

Y/N SI Deterministic Criteria

May have led to an exposure in excess of the applicable regulatory limits, other than

via the radiological release of byproduct, source, or special nuclear material to the

unrestricted area; specifically

• occupational exposure in excess of the regulatory limits in 10 CFR 20.1201

• exposure to an embryo/fetus in excess of the regulatory limits in

10 CFR 20.1208

• exposure to a member of the public in excess of the regulatory limits in

10 CFR 20.1301

Remarks:

May have led to an unplanned occupational exposure in excess of 40 percent of the

applicable regulatory limit (excluding shallow-dose equivalent to the skin or

extremities from discrete radioactive particles)

Remarks:

Led to unplanned changes in restricted area dose rates in excess of 20 rem per hour

in an area where personnel were present or which is accessible to personnel

Remarks:

Led to unplanned changes in restricted area airborne radioactivity levels in excess of

500 DAC in an area where personnel were present or which is accessible to

personnel and where the airborne radioactivity level was not promptly recognized

and/or appropriate actions were not taken in a timely manner

Remarks:

Issue Date: 12/14/23 Encl2-4 0309

Led to an uncontrolled, unplanned, or abnormal release of radioactive material to the

unrestricted area

• for which the extent of the offsite contamination is unknown; or,

• that may have resulted in a dose to a member of the public from loss of

radioactive material control in excess of 25 mrem (10 CFR 20.1301(e)); or,

• that may have resulted in an exposure to a member of the public from

effluents in excess of the ALARA guidelines contained in Appendix I to

10 CFR Part 50

Remarks:

Led to a large (typically greater than 100,000 gallons), unplanned release of

radioactive liquid inside the restricted area that has the potential for ground-water, or

offsite, contamination

Remarks:

Involved the failure of radioactive material packaging that resulted in external

radiation levels exceeding 5 times the accessible area dose rate limits specified in

10 CFR Part 71, or 50 times the contamination limits specified in 49 CFR Part 173

Remarks:

Involved an emergency or non-emergency event or situation, related to the health

and safety of the public or on-site personnel or protection of the environment, for

which a 10 CFR 50.72 report has been submitted that is expected to cause

significant, heightened public or government concern

Remarks:

Issue Date: 12/14/23 Encl2-5 0309

SAFEGUARDS/SECURITY

Y/N IIT Deterministic Criteria

Involved circumstances sufficiently complex, unique, or not well enough understood,

or involved safeguards concerns, or involved characteristics the investigation of

which would best serve the needs and interests of the Commission

Remarks:

Failure of licensee significant safety equipment or adverse impact on licensee

operations as a result of a safeguards initiated event (e.g., tampering).

Remarks:

Actual intrusion into the protected area

Remarks:

Y/N AIT Deterministic Criteria

Involved a significant infraction or repeated instances of safeguards infractions that

demonstrate the ineffectiveness of facility security provisions

Remarks:

Involved repeated instances of inadequate nuclear material control and accounting

provisions to protect against theft or diversions of nuclear material

Remarks:

Confirmed tampering event involving significant safety or security equipment

Remarks:

Substantial failure in the licensee’s intrusion detection or package/personnel search

procedures which results in a significant vulnerability or compromise of plant safety

or security

Remarks:

Issue Date: 12/14/23 Encl2-6 0309

Y/N SI Deterministic Criteria

Involved inadequate nuclear material control and accounting provisions to protect

against theft or diversion, as evidenced by inability to locate an item containing

special nuclear material (such as an irradiated rod, rod piece, pellet, or instrument)

Remarks:

Involved a significant safeguards infraction that demonstrates the ineffectiveness of

facility security provisions

Remarks:

Confirmation of lost or stolen weapon

Remarks:

Unauthorized, actual non-accidental discharge of a weapon within the protected

area

Remarks:

Substantial failure of the intrusion detection system (not weather related)

Remarks:

Failure to the licensee’s package/personnel search procedures which results in

contraband or an unauthorized individual being introduced into the protected area

Remarks:

Potential tampering or vandalism event involving significant safety or security

equipment where questions remain regarding licensee performance/response or a

need exists to independently assess the licensee’s conclusion that tampering or

vandalism was not a factor in the condition(s) identified

Remarks:

Issue Date: 12/14/23 Encl2-7 0309

RESPONSE DECISION

USING THE ABOVE INFORMATION AND OTHER KEY ELEMENTS OF CONSIDERATION

AS APPROPRIATE, DOCUMENT THE RESPONSE DECISION TO THE EVENT OR

CONDITION, AND THE BASIS FOR THAT DECISION

DECISION AND DETAILS OF THE BASIS FOR THE DECISION:

BRANCH CHIEF REVIEW: DATE:

DIVISION DIRECTOR REVIEW: DATE:

ADAMS ACCESSION NUMBER:

EVENT NOTIFICATION REPORT NUMBER (as applicable):

Profiled using template NRR-123 (ML18233A547 (non-public))

Note: The above tables are provided as examples only. The regions have discretion to modify

these tables in their implementing procedures or office instructions.

Issue Date: 12/14/23 Att1-1 0309

Attachment 1: Revision History for IMC 0309

Commitment

Tracking

Number

Accession

Number

Issue Date

Change Notice

Description of Change Description of

Training /

Knowledge

Management

Required and

Completion

Date

Comment Resolution

and Closed

Feedback Form

Accession Number

(Pre-Decisional, NonPublic Information)

ML033230210

11/05/03

CN 03-036

Initial Issue. Provides guidance for implementing

Management Directive 8.3, "NRC Incident Investigation

Program," at operating power reactors.

N/A N/A

N/A 09/12/06 Revision history reviewed for the last four years. N/A N/A

N/A ML070860410

04/04/07

CN 07-012

IMC 0309 is revised to provide deterministic criteria for

performing reactive inspections in areas such as reactor

safety, radiation safety, and safeguards/security.

Deterministic and risk-informed decision criteria from MD 8.3

are included in IMC 0309. Enclosures 1 and 2 are added to

provide a sample format for documenting reactive inspection

decisions.

None ML070860416

N/A ML072550088

01/10/08

CN 08-002

Defines the SI/AIT risk overlap region as the basis for region

interaction with NRR, and NSIR in determining the level of

event response. Provides deterministic criteria for events

involving potential tampering with safety or security related

equipment.

None ML073370664

N/A ML082820075

03/23/09

CN 09-010

Enclosures 1 and 2 when deciding not to perform a reactive

inspection. Delete 2 IIT deterministic criteria that are

redundant with MD 8.10.

None ML082820096

N/A ML092790408

02/02/10

CN 10-004

Added guidance on holding public meetings and established

a mailbox for MD 8.3 evaluations and reactive inspection

charters.

None None

Issue Date: 12/14/23 Att1-2 0309

Commitment

Tracking

Number

Accession

Number

Issue Date

Change Notice

Description of Change Description of

Training /

Knowledge

Management

Required and

Completion

Date

Comment Resolution

and Closed

Feedback Form

Accession Number

(Pre-Decisional, NonPublic Information)

N/A ML111801157

10/28/11

CN 11-023

Added additional deterministic criteria to cover significant

operational performance issues where risk assessment tools

do not provide reasonable estimates of risk (FF 0309-1650).

Added vandalism to the deterministic criteria for security (FF

0309-1414) and expanded the scope of the consideration to

events involving safety and security significance for security

events (FF 0309-1616).

None None

C1 & C2 ML23234A176

12/14/23

CN

Added a 7-day time requirement for completing MD 8.3

evaluations. Implemented OIG-23-A-06 audit

(ML23130A375) recommendations 1 and 2 as accepted by

management in (ML23157A268 non-public) to publicly share

non-sensitive reactive inspection decisions [C1] and to

provide examples [C2]. Added guidance for charter

development and allegations. Reorganized and reformatted.

None ML23277A255

None