[Federal Register Volume 64, Number 15 (Monday, January 25, 1999)]
[Proposed Rules]
[Page 3791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1593]



[[Page 3791]]

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

NUCLEAR REGULATORY COMMISSION

10 CFR Part 50

[Docket No. PRM-50-66]


Nuclear Information and Resource Service; Receipt of Petition for 
Rulemaking

AGENCY: Nuclear Regulatory Commission.

ACTION: Petition for rulemaking; Notice of receipt.

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

SUMMARY: The Nuclear Regulatory Commission (NRC) has received and 
requests public comment on a petition for rulemaking filed by the 
Nuclear Information and Resource Service. The petition has been 
docketed by the Commission and has been assigned Docket No. PRM-50-66. 
The petitioner requests that the NRC amend its regulations to require 
every nuclear utility to conduct a full-scale emergency planning 
exercise that involves coping with a date-sensitive, computer-related 
failure resulting from a Year 2000 issue (Y2K). The petitioner requests 
that the NRC take this action to ensure that nuclear power plant 
licensees have developed and can implement adequate contingency and 
emergency plans to address major system failures that may be caused by 
a Y2K problem.

DATES: Submit comments by February 24, 1999. 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: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555. Attention: Rulemakings and 
Adjudications Staff.
    Deliver comments to 11555 Rockville Pike, Rockville, Maryland, 
between 7:30 am and 4:15 pm on Federal workdays.
    For a copy of the petition, write: Chief, Rules and Directives 
Branch, Division of Administrative Services, Office of Administration, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
    You may also provide comments via the NRC's interactive rulemaking 
website through the NRC home page (http://www.nrc.gov). This site 
provides the capability to upload comments as files (any format), if 
your web browser supports that function. For information about the 
interactive rulemaking website, contact Ms. Carol Gallagher, (301) 415-
5905 (e-mail: [email protected]).

FOR FURTHER INFORMATION CONTACT: David L. Meyer, Office of 
Administration, U.S. Nuclear Regulatory Commission, Washington, DC 
20555. Telephone: 301-415-7162 or Toll-Free: 1-800-368-5642 or E-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The Nuclear Regulatory Commission received three related petitions 
for rulemaking, each dated December 10, 1998, submitted by the Nuclear 
Information Resource Service concerning various aspects of Y2K issues 
and nuclear safety. This petition requests that the NRC amend its 
regulations to require nuclear power plant and major fuel cycle 
facilities to develop and implement adequate contingency and emergency 
plans to address potential system failures. The two related petitions 
would require that nuclear facilities be shut down if they are not 
compliant with Y2K issues (PRM-50-65) and that nuclear facilities 
provide reliable back-up sources of power for nuclear facilities (PRM-
50-67).
    Because of the nature of these petitions and the date-specific 
issues they address, the petitioner requests that the petitions be 
filed expeditiously and that public comment on the actions be limited 
to 30 days.

The Petitioner's Suggested Amendment

    The petitioner requests that the NRC adopt the following text as a 
rule:

    All licensees subject to 10 CFR Part 50 and Appendix E will 
conduct a full-scale emergency planning exercise (as normally 
required under 10 CFR 50.47) during 1999. This exercise shall 
include a component that includes failure of one or more computer or 
other digital systems (this is popularly known as the ``Y2K bug'') 
on January 1, 2000, or other relevant date. Licensees that do not 
conduct, or that fail, this exercise shall close their facilities 
licensed under this part by December 1, 1999, until such time as the 
licensees have conducted a successful exercise.
    The NRC shall publish and provide to each licensee, within 30 
days of the date of this rule, a Regulatory Guide that outlines 
potential emergency exercise scenarios. The NRC shall publish and 
provide to each licensee, by December 1, 1999, a Regulatory Guide 
that describes the various scenarios that have been undertaken and 
the successful (and unsuccessful) responses to the problem posed.

Discussion

    The petitioner states that although the probability of Y2K-related 
events occurring that would require emergency response and the 
implementation of contingency plans is unknown, it would fall within 
the range of safety matters for which NRC requires emergency planning 
exercises. Furthermore, the petitioner asserts that addressing Y2K-
related problems will require the use of potentially unfamiliar 
contingency plans, relying on ingenuity to circumvent failure of 
essential communications systems or the failure of off-site emergency 
responders to perform their tasks effectively, and coping with issues 
not normally tested during emergency exercises.
    The petitioner believes that it is prudent to require each licensee 
to conduct an exercise and that each exercise address a different 
aspect of the Y2K problem. The petitioner suggests that some exercises 
should test problems initiated by Y2K-related failures and that others 
should test problems exacerbated by Y2K-related failures. The 
petitioner believes that this would provide some familiarity with the 
possible range of issues that could develop and create an overall 
industry capability to address potential Y2K problems.
    Under the petitioner's suggested regulation, the licensees would 
develop exercise scenarios that would be approved by the NRC in an 
expedited fashion and the NRC would publish and distribute regulatory 
guides that would outline potential emergency response scenarios and 
describe the scenarios that were tested and the successful responses to 
the problem posed.
    The petitioner believes that this action would provide reasonable 
assurance that nuclear power plant licensees have developed and can 
implement adequate contingency and emergency plans to address major 
system failures that may be caused by the Y2K problem.
    The petitioner also believes that other major fuel cycle facilities 
should be subject to a similar rule.

    Dated at Rockville, Maryland, this 15th day of January, 1999.

    For the Nuclear Regulatory Commission.
Annette Vietti-Cook,
Secretary of the Commission.
[FR Doc. 99-1593 Filed 1-22-99; 8:45 am]
BILLING CODE 7590-01-P