[Federal Register Volume 59, Number 71 (Wednesday, April 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8844]


[[Page Unknown]]

[Federal Register: April 13, 1994]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 50

[Docket No. PRM-50-60]

 

Virginia Power; Filing of Petition for Rulemaking

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of receipt of petition for rulemaking.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is publishing for 
public comment a notice of receipt of petition for rulemaking dated 
December 30, 1993, which was filed with the Commission by Virginia 
Power. The petition was assigned Docket No. PRM-50-60 on January 19, 
1994. The petitioner requests that the Commission amend its emergency 
preparedness requirements to change the frequency with which each 
licensee conducts independent reviews of its emergency preparedness 
program from annually to biennially.

DATES: Submit comments June 27, 1994. Comments received after this date 
will be considered if it is practical to do so, but assurance of 
consideration cannot be given except as to comments received on or 
before this date.

ADDRESSES: Submit comments to the Secretary, U.S. Nuclear Regulatory 
Commission, Attention: Docketing and Service Branch, Washington, DC 
20555. For a copy of the petition, write to the Rules Review Section, 
Rules Review and Directives Branch, Division of Freedom of Information 
and Publications Services, Office of Administration, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555.

FOR FURTHER INFORMATION CONTACT: Michael T. Lesar, Chief, Rules Review 
Section, Rules Review and Directives Branch, Division of Freedom of 
Information and Publications Services, Office of Administration, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555, Telephone: 301-
492-7758 or Toll Free: 800-368-5642.

SUPPLEMENTARY INFORMATION:

Background

    The Commission's regulations currently require that each licensee 
conduct an independent audit of its emergency preparedness program by 
personnel who have no direct responsibility for the subject areas at 
least every 12 months.

Petitioner's Request

    Virginia Power requests that the NRC amend its regulations to 
require that each licensee conduct, at a minimum, a biennial, rather 
than annual, independent audit of its emergency preparedness program. 
The petitioner states that, if warranted by performance, the resources 
previously dedicated to the conduct of mandatory audits in this area 
could now be more effectively used to address performance issues of 
safety significance. The petitioner indicates that audit functions 
concerning emergency preparedness would in turn become more 
performance-based rather than schedule-driven according to the present 
annual requirement.
    The petitioner notes that this request is consistent with the 
recommendation of the NRC Regulatory Review Group Summary and Overview 
Report (August 31, 1993).

Grounds for Request

    The petitioner states that the changes requested are identified as 
present requirements which are resource intensive but of marginal 
importance to safety. The petitioner offers the following reasons for 
the request.

    1. The underlying purpose of the existing rule is to ensure the 
continued emergency preparedness program effectiveness in taking the 
required actions necessary to provide for the health and safety of 
the public in the event of plant emergencies. This can be readily 
attained by a more performance-based approach to emergency 
preparedness overview. The frequency of audits need not be set on an 
annual basis if performance warrants a different frequency. The 
proposed rule provides for a nominal frequency of 24 months based on 
existing performance.
    2. Industry performance to date indicates excellent 
implementation and effective emergency preparedness programs. 
Industry-wide SALP ratings for emergency preparedness have improved 
from an average of 2.29 in 1980 to 1.26 in 1992. A two-year audit 
schedule would permit the licensee an increased degree of 
flexibility to concentrate available audit resources in areas of 
observed weakness based on performance rather than conducting a 
mandatory annual audit of marginal safety significance.
    3. The existing requirement to conduct an annual audit is not of 
itself necessary to achieve the underlying purpose of 10 CFR 
50.54(t). Performance-based overview with a two-year maximum 
interval is sufficient and the proposed rule does not preclude an 
increased audit frequency if performance warrants. Based on the 
existing performance within the industry, biennial audits represent 
an acceptable minimum frequency.
    4. The proposed rulemaking is philosophically consistent with 
the recommendations concerning audits of programs such as Fitness 
for Duty included in the NRC Regulatory Review Group Summary and 
Overview (Final) issued in August 1993.
    5. Regulatory Guide 1.33, Quality Assurance Program Requirements 
(Operation), prescribes a two-year audit frequency for most 
operational phase activities commensurate with the activity's 
operational safety significance. As emergency preparedness programs 
serve to ensure the proper operation of each facility, so the audits 
of these programs serve to monitor program effectiveness. The 
proposed rule is consistent with this previously defined regulatory 
position and the present safety significance as evidenced by 
industry performance.
    6. Granting the proposed rule to reduce the frequency of audits 
based on continued good performance is warranted based on the 
present good performance of industry plans and programs, the 
documented trend of identifying fewer significant issues associated 
with emergency preparedness audits, and by virtue of meeting the 
intent of the regulations in the balance of their requirements.
    7. Consideration of relaxing this requirement is warranted in 
light of the completion and implementation of enhanced emergency 
equipment and systems, the continuing rise in the level of industry 
proficiency and performance, and the increased industry sensitivity 
to emergency preparedness.
    8. The existing requirements to conduct annual audits are not of 
themselves necessary to achieve the underlying purpose of Appendix E 
to 10 CFR part 50. Biennial audits are sufficient to provide an 
acceptable formal confirmation of program effectiveness.

Supporting Information

    The petitioner states that emergency preparedness programs 
throughout the industry are designed to achieve and maintain an 
adequate level of emergency response capability and that required 
audits are conducted to ascertain the effective implementation of the 
basic elements existing within emergency preparedness plans and 
organizations. The petitioner states that the audit process is designed 
to ensure and confirm the ability to respond properly to an emergency 
condition. According to the petitioner, the intent of the petition for 
rulemaking would be to verify that an acceptable level of emergency 
preparedness is attained and maintained consistent with each approved 
program.
    The petitioner states that in addition to the audits, onsite and 
offsite graded exercises also serve as a direct assessment of program 
effectiveness. The petitioner notes that this petition for rulemaking 
complements the petition for rulemaking published on March 4, 1993 (58 
FR 12339), concerning modification of the requirement to change the 
exercise emergency plans from annual to biennial. The petitioner 
indicates that the audit and exercise can alternate yearly as the 
formal means to verify program effectiveness and that neither action 
precludes additional audits if performance trends indicate additional 
overview is warranted.
    The petitioner states that because audits indicate to management 
where additional attention and resources might be needed based on 
performance trends, excellent performance could also indicate where 
less attention and resources are required. Therefore, the petitioner 
believes that based on industry's performance, annual audits of 
emergency preparedness programs are no longer commensurate with any 
safety benefit derived by the audit function.

Proposed Amendments to 10 CFR Part 50

    The petitioner proposed that in Sec. 50.54, paragraph (t) be 
revised to read as follows:


Sec. 50.54   Conditions of licenses.

* * * * *
    (t) A nuclear power reactor licensee shall provide for the 
development, revision, implementation, and maintenance of its emergency 
preparedness program. To this end, the licensee shall provide for a 
review of its emergency preparedness program nominally every 24 months 
by persons who have no direct responsibility for implementation of the 
emergency preparedness program. The review shall include an evaluation 
for adequacy of interfaces with State and local governments and of 
licensee drills, exercises, capabilities, and procedures. The results 
of the review, along with recommendations for improvements, shall be 
documented, reported to the licensee's corporate and plant management, 
and retained for a period of five years. The part of the review 
involving the evaluation for adequacy of interface with State and local 
governments shall be available to the appropriate State and local 
governments.
* * * * *

Conclusion

    The petitioner states that the existing rule is not necessary to 
ensure an adequate emergency preparedness program. It provides an 
overview to direct management attention and resources to observed 
performance deficiencies. The petitioner indicates that the proposed 
rule would continue to require an adequate minimum provision for 
program overview based on existing industry performance. Therefore, the 
petitioner believes that annual audits are no longer commensurate with 
the benefit gained based on the commendable performance by the industry 
in this area.

    Dated at Rockville, Maryland, this 7th day of April 1994.

    For the Nuclear Regulatory Commission.
John C. Hoyle,
Assistant Secretary of the Commission.
[FR Doc. 94-8844 Filed 4-12-94; 8:45 am]
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