Emergency Planning and Preparedness Exercise Requirements for Nuclear Power Plants

NUCLEAR REGULATORY COMMISSION

10 CFR Part 50

RIN: 3150-AD40

Emergency Planning and Preparedness Exercise Requirements for

Nuclear Power Plants

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its

emergency planning regulations in order to update the Commission's

emergency planning exercise requirements for nuclear power plants and

clarify ambiguities that have surfaced in the implementation of the

regulations. These amendments also make the NRC regulations consistent

with FEMA regulations.

EFFECTIVE DATE: June 23, 1994.

FOR FURTHER INFORMATION CONTACT: Michael T. Jamgochian, Office of

Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission,

Washington, DC 20555, telephone (301-492-3918).

SUPPLEMENTARY INFORMATION:

Background

On August 19, 1980 (45 FR 55402), the NRC published a final rule

that revised its emergency planning regulations. The final rule became

effective on November 3, 1980. On July 6, 1984 (49 FR 27733), the NRC

amended its emergency planning regulations to relax the frequency of

participation by State and local governmental authorities in emergency

preparedness exercises at nuclear power reactor sites. The amendments

were based on the NRC's experience gained in observing and evaluating

emergency preparedness exercises since 1980.

Further experience has shown that the language setting forth the

requirements in 10 CFR part 50, Appendix E, Section IV.F.3 concerning

full or partial participation by State or local governments in the

biennial (offsite) exercise is unnecessarily complicated. The NRC

published a notice of proposed rulemaking in the Federal Register on

June 28, 1993 (58 FR 34539). Public comments were requested by

September 13, 1993. The proposed rule did not seek to change the

requirements set forth in Appendix E, Section IV.F.3 (a), (b), and (d)

but to clarify and simplify the text of the regulation. Offsite

authority responsibilities remain unchanged.

Under the proposed rule the offsite plans for each site were to be

exercised biennially with full participation by each offsite authority

having a role under the plan. Further, where the offsite authority has

a role under the plan for more than one site, it would be required to

participate in one exercise fully every two years and partially

participate in other offsite plan exercises in this period. The only

amended requirements were those set forth in Appendix E, Section

IV.F.3(e) where the interval for an ingestion exposure pathway exercise

was changed from 5 to 6 years, and Appendix E, Section IV.F.3(c) where

the requirement that all States within the plume exposure pathway

emergency planning zone (EPZ) for a given site fully participate in an

offsite exercise for that site at least once every 7 years was deleted.

Public Comments

A total of 12 comment letters were received, of which 5 were from

utilities, 6 were from State emergency management agencies and one from

NUMARC. All commenters generally agreed with the proposed rulemaking

except for one State agency.

Comment: The one commentor that opposed the rule change noted that,

We do not believe, however, the NRC has substantiated its claim

that the seven-year return requirement is unnecessary. Similar

arguments have surfaced in previous emergency planning issues, and

our response is the same: The high level of industry sensitivity to

emergency preparedness is a direct result of comprehensive

requirements for emergency preparedness programs and exercises.

Elimination of those requirements runs the risk of returning the

industry to pre-TMI levels of preparedness.

Response: The Commission does not agree that deleting the 7 year

return frequency ``* * * runs the risk of returning the industry to

pre-TMI levels of preparedness.'' The Commission is confident that this

will not occur because the Commission has found that multi-sites

states, when not fully participating in an exercise at a specific site

will usually partially participate at a significant level of activity

every 2 years at that specific site in order to support the

participation of the appropriate local governments. The Commission has

found that this level of exercise participation provides adequate

emergency response training for State and local governments. The

Commission believes that this rulemaking does not have an adverse

impact on public health and safety because State emergency response

personnel continuously respond to actual emergencies and experience has

shown that states through a combination of full and partial

participation exercises maintain an adequate level of response

capability. A formal requirement for a State to return to a specific

site every 7 years to participate in an exercise has proven to be

unnecessary. Nonetheless, nothing prevents a State from returning to a

specific site to participate in an exercise whenever it deems

warranted.

Comment: Several comments suggested additional clarification to the

emergency planning regulations.

Response: Although the Commission always appreciates suggestions on

clarifying its regulations, the Commission at this time believes that

all of the suggested changes would be inappropriate to include in this

rulemaking proceeding because the suggested revisions are beyond the

scope of this rulemaking.

Comment: Several commenters noted that the proposed wording for the

ingestions pathway exercise was not consistent with the FEMA

requirement and could be interpreted differently than intended. They

suggested the following requirement, ``A State should fully participate

in the ingestion pathway portion of exercises at least once every six

years. In States with more than one site, the State should rotate this

participation from site to site.''

Response: The Commission agrees with the suggested wording and has

incorporated this comment in the final rule.

Discussion

The Commission finds that the current regulation has resulted in a

relatively complicated description of the requirements for exercise

participation by State and local governments who have offsite planning

responsibility for more than one nuclear power plant. This final rule

simplifies and clarifies this requirement. In addition, Appendix E is

revised to reflect that the interval for an ingestion exposure pathway

exercise be changed from at least once every 5 years to at least once

every 6 years (FEMA's ingestion pathway exercise requirement is at

least once every 6 years). The change in the interval would match the

biennial frequency required for exercises of offsite plans. Further,

Appendix E is also revised to eliminate the 7 year return frequency

requirement because it has proven to be unnecessary to achieve the

underlying purpose of the rule as well as being burdensome to states

which are within the plume exposure pathway for multiple sites (FEMA

does not have a return frequency requirement). Both changes assure

compatibility with FEMA requirements and thus avoid confusion among

licensees and State governments. Notwithstanding elimination of the 7

year return frequency requirement, the Commission believes that offsite

authorities should rotate their full participation in exercises among

sites if they are within the plume exposure pathway for more than one

site.

The Commission codified the 7 year return frequency in the July 6,

1984 (49 FR 27733), amendment to the emergency planning regulations.

This amendment provides that at least once every 7 years, all States

within the plume exposure pathway EPZ of a given site must fully

participate in an offsite exercise for that site. In doing so, the

Commission noted that ``the final rule is not totally consistent with

FEMA's final regulation (44 CFR part 350). This inconsistency lies in

the area of return frequency of multiple-site states as previously

discussed. The FEMA position on return frequency is a significant

departure from the NRC's proposed regulation of July 21, 1983 (48 FR

33307). The Commission believes that more study is needed before

deletion of the return frequency requirement can be justified.''

The Commission now believes that sufficient experience has been

gained in the observation and evaluation of emergency preparedness

exercises at nuclear power reactor sites to conclude that the 7 year

return frequency should be deleted.

The Commission has found that multi-site States, when not fully

participating in an exercise at a specific site will usually partially

participate at a significant level of activity every 2 years at that

specific site in order to support the participation of the appropriate

local governments. The Commission has found that this level of exercise

participation provides adequate emergency response training for State

and local governments. Additionally, a provision still exists in the

regulation which permits State or local government participation in any

licensee's drills or exercises. A State or local government may

consider its response capability to be less than optimal because of an

unusually large personnel turnover or because there have been limited

responses to real emergencies in the community. The regulation still

requires the licensees to provide for State or local government

participation if they indicate such a desire. This final revision does

not have any adverse impact on public health and safety because State

emergency response personnel continuously respond to actual emergencies

and experience has shown that states through a combination of full and

partial participation exercises maintain an adequate level of response

capability. A formal requirement for a State to return to a specific

site every 7 years to participate in an exercise has proven to be

unnecessary. This rulemaking deletes that unnecessary, unwarranted and

burdensome requirement. Nonetheless, nothing prevents a State from

returning to a specific site to participate in an exercise whenever it

deems warranted.

Lastly, this revision deletes past due dates (see section F(2) (a))

because they are now meaningless.

FEMA concurs with the amendments in this rulemaking.

Finding of No Significant Environmental Impact: Availability

The Commission has determined under the National Environmental

Policy Act of 1969, as amended, and the Commission's regulations in

subpart A of 10 CFR part 51, that this rule is not a major Federal

action significantly affecting the quality of the human environment;

and therefore, an environmental impact statement is not required. This

regulation updates and clarifies the emergency planning regulations

relating to exercises. It does not involve any modification to any

plant or revise the need for or the standards for emergency plans, and

there is no adverse effect on the quality of the environment. The

environmental assessment and finding of no significant impact on which

this determination is based are available for inspection at the NRC

Public Document Room, 2120 L Street NW (Lower Level), Washington, DC

20036.

Paperwork Reduction Act Statement

This final rule does not contain a new or amended information

collection requirement subject to the Paperwork Reduction Act of 1980

(44 U.S.C. 3501 et seq.). Existing requirements were approved by the

Office of Management and Budget approval number 3150-0011.

Regulatory Analysis

The Commission has prepared a regulatory analysis on this

regulation. The analysis examines the costs and benefits of the

alternatives considered by the Commission. The analysis is available

for inspection in the NRC Public Document Room, 2120 L Street NW.

(Lower Level), Washington, DC 20036. Single copies of the analysis may

be obtained from Michael Jamgochian, Office of Nuclear Regulatory

Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555.

Telephone: (301) 492-3918.

Regulatory Flexibility Act Certification

The regulation does not have a significant impact on a substantial

number of small entities. The final rule updates and clarifies

ambiguities in the emergency planning regulations relating to

exercises. Nuclear power plant licensees do not fall within the

definition of small business in Section 3 of the Small Business Act, 15

U.S.C. 632, the Small Business Size Standards of the Small Business

Administration in 13 CFR part 121, or the Commission's Size Standards

published at 56 FR 56671 (November 6, 1991). Therefore, in accordance

with the Regulatory Flexibility Act of 1980, 5 U.S.C. 605(b), the

Commission hereby certifies that this final rule, will not have a

significant economic impact on a substantial number of small entities

and that, therefore, a regulatory flexibility analysis need not be

prepared.

Backfit Analysis

This regulation does not impose any new requirements on production

or utilization facilities. The regulation deletes the requirement that

all states within the plume exposure pathway EPZ for a given site fully

participate in an offsite exercise for that specific site at least

every 7 years. It also relaxes the requirement to perform an ingestion

exposure pathway exercise from every 5 years to every 6 years. These

changes would permit, but do not require, licensees to change their

emergency plans and procedures. Therefore, these changes are not

considered backfits as defined in 10 CFR 50.109 (a)(1).

List of Subjects in 10 CFR Part 50

Antitrust, Classified information, Criminal penalties, Fire

protection, Incorporation by reference, Intergovernmental relations,

Nuclear power plants and reactors, Radiation protection, Reactor siting

criteria, Reporting and recordkeeping requirements.

For the reasons set out in the preamble, and under the authority of

the Atomic Energy Act of 1954, as amended, the Energy Reorganization

Act of 1974, as amended, and 5 U.S.C. 552 and 553, the NRC is adopting

the following amendments to 10 CFR part 50.

PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION

FACILITIES

1. The authority citation for part 50 continues to read as follows:

Authority: Secs. 102, 103, 104, 105, 161, 182, 183, 186, 189, 68

Stat. 936, 937, 938, 948, 953, 954, 955, 956, as amended, sec. 234,

83 Stat. 1244, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2201,

2232, 2233, 2236, 2239, 2282): secs. 201, as amended, 202, 206, 88

Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).

Section 50.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat.

2951 as amended by Pub. L. 102-486, Sec. 2902, 106 Stat 3123, (42

U.S.C. 5851). Section 50.10 also issued under secs. 101, 185, 68

Stat. 936, 955, as amended (42 U.S.C. 2131, 2235), sec. 102, Pub. L.

91-190, 83 Stat. 853 (42 U.S.C. 4332). Section 50.13, 50.54 (dd) and

50.103 also issued under sec. 108, 68 Stat. 939, as amended (42

U.S.C. 2138). Sections 50.23, 50.35, 50.55, and 50.56 also issued

under sec. 185, 68 Stat. 955 (42 U.S.C. 2235). Sections 50.33a,

50.55a and Appendix Q also issued under sec. 102, Pub. L. 91-190, 83

Stat. 853 (42 U.S.C. 4332). Sections 50.34 and 50.54 also issued

under sec. 204, 88 Stat. 1245 (42 U.S.C. 5844). Sections 50.58,

50.91, and 50.92 also issued under Pub. 97-415, 96 Stat. 2073 (42

U.S.C. 2239). Section 50.78 also issued under sec. 122, 68 Stat. 939

(42 U.S.C. 2152). Sections 50.80, 50.81 also issued under sec. 184,

68 Stat. 954, as amended (42 U.S.C. 2234). Appendix F also issued

under sec. 187, 68 Stat. 955 (42 U.S.C. 2237).

2. Appendix E to part 50 is amended by revising Section IV.F. to

read as follows:

Appendix E to Part 50--Emergency Planning and Preparedness for

Production and Utilization Facilities

* * * * *

IV. Content of Emergency Plans

* * * * *

F. Training.

1. The program to provide for: (a) The training of employees and

exercising, by periodic drills, of radiation emergency plans to

ensure that employees of the licensee are familiar with their

specific emergency response duties, and (b) The participation in the

training and drills by other persons whose assistance may be needed

in the event of a radiation emergency shall be described. This shall

include a description of specialized initial training and periodic

retraining programs to be provided to each of the following

categories of emergency personnel:

i. Directors and/or coordinators of the plant emergency

organization;

ii. Personnel responsible for accident assessment, including

control room shift personnel;

iii Radiological monitoring teams;

iv. Fire control teams (fire brigades);

v. Repair and damage control teams;

vi. First aid and rescue teams;

vii. Medical support personnel;

viii. Licensee's headquarters support personnel;

ix. Security personnel.

In addition, a radiological orientation training program shall

be made available to local services personnel; e.g., local emergency

services/Civil Defense, local law enforcement personnel, local news

media persons.

2. The plan shall describe provisions for the conduct of

emergency preparedness exercises as follows: Exercises shall test

the adequacy of timing and content of implementing procedures and

methods, test emergency equipment and communications networks, test

the public notification system, and ensure that emergency

organization personnel are familiar with their duties.3

---------------------------------------------------------------------------

\3\Use of site specific simulators or computers is acceptable

for any exercise.

---------------------------------------------------------------------------

a. A full participation4 exercise which tests as much of

the licensee, State and local emergency plans as is reasonably

achievable without mandatory public participation shall be conducted

for each site at which a power reactor is located. This exercise

shall be conducted within two years before the issuance of the first

operating license for full power (one authorizing operation above 5%

of rated power) of the first reactor and shall include participation

by each State and local government within the plume exposure pathway

EPZ and each state within the ingestion exposure pathway EPZ. If the

full participation exercise is conducted more than one year prior to

issuance of an operating licensee for full power, an exercise which

tests the licensee's onsite emergency plans shall be conducted

within one year before issuance of an operating license for full

power. This exercise need not have State or local government

participation.

---------------------------------------------------------------------------

\4\``Full participation'' when used in conjunction with

emergency preparedness exercises for a particular site means

appropriate offsite local and State authorities and licensee

personnel physically and actively take part in testing their

integrated capability to adequately assess and respond to an

accident at a commercial nuclear power plant. ``Full participation''

includes testing major observable portions of the onsite and offsite

emergency plans and mobilization of state, local and licensee

personnel and other resources in sufficient numbers to verify the

capability to respond to the accident scenario.

---------------------------------------------------------------------------

b. Each licensee at each site shall annually exercise the onsite

emergency plan.

c. Offsite plans for each site shall be exercised biennially

with full participation by each offsite authority having a role

under the plan. Where the offsite authority has a role under a

radiological response plan for more than one site, it shall fully

participate in one exercise every two years and shall, at least,

partially participate5 in other offsite plan exercises in this

period.

---------------------------------------------------------------------------

\5\``Partial participation'' when used in conjunction with

emergency preparedness exercises for a particular site means

appropriate offsite authorities shall actively take part in the

exercise sufficient to test direction and control functions; i.e.,

(a) protective action decision making related to emergency action

levels, and (b) communication capabilities among affected State and

local authorities and the licensee.

---------------------------------------------------------------------------

d. A State should fully participate in the ingestion pathway

portion of exercises at least once every six years. In States with

more than one site, the State should rotate this participation from

site to site.

e. Licensees shall enable any State or local government located

within the plume exposure pathway EPZ to participate in annual

exercises when requested by such State or local government.

f. Remedial exercises will be required if the emergency plan is

not satisfactorily tested during the biennial exercise, such that

NRC, in consultation with FEMA, cannot find reasonable assurance

that adequate protective measures can be taken in the event of a

radiological emergency. The extent of State and local participation

in remedial exercises must be sufficient to show that appropriate

corrective measures have been taken regarding the elements of the

plan not properly tested in the previous exercises.

g. All training, including exercises, shall provide for formal

critiques in order to identify weak or deficient areas that need

correction. Any weaknesses or deficiencies that are identified shall

be corrected.

h. The participation of State and local governments in an

emergency exercise is not required to the extent that the applicant

has identified those governments as refusing to participate further

in emergency planning activities, pursuant to 10 CFR 50.47(c)(1). In

such cases, an exercise shall be held with the applicant or licensee

and such governmental entities as elect to participate in the

emergency planning process.

* * * * *

Dated at Rockville, MD, this 14th day of March, 1994.

For the Nuclear Regulatory Commission.

James M. Taylor,

Executive Director for Operations.

[FR Doc. 94-7065 Filed 3-24-94; 8:45 am]

BILLING CODE 7590-01-P