[Federal Register Volume 59, Number 58 (Friday, March 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7065]


[[Page Unknown]]

[Federal Register: March 25, 1994]


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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.

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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
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    \3\Use of site specific simulators or computers is acceptable 
for any exercise.
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    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.
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    \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.
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    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.
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    \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.
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    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