[Federal Register Volume 71, Number 48 (Monday, March 13, 2006)]
[Notices]
[Pages 12716-12717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2386]


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NUCLEAR REGULATORY COMMISSION


Proposed Generic Communication; Endorsement of Nuclear Energy 
Institute Guidance ``Enhancements to Emergency Preparedness Programs 
for Hostile Action''

AGENCY: Nuclear Regulatory Commission (NRC).

ACTION: Notice of opportunity for public comment.

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SUMMARY: The NRC is proposing to issue a regulatory issue summary (RIS) 
to endorse the Nuclear Energy Institute (NEI) guidance entitled 
``Enhancements to Emergency Preparedness Programs for Hostile Action'' 
(revised in November 2005) as an acceptable implementation methodology 
that licensees may use when adopting the program enhancements discussed 
in NRC Bulletin 2005-02, ``Emergency Preparedness and Response Actions 
for Security-Based Events.''
    The NEI document attached to this RIS may be found in the NRC's 
Agencywide Documents Access and Management System (ADAMS) Accession No. 
ML053290326. This document may also be found on the NRC's generic 
communications Web page at http://www.nrc.gov/reading-rm/doc-collections/gen-comm/docs4comment.html.
    This Federal Register notice (FRN) is available through the NRC's 
ADAMS Accession No. ML060610032.

DATES: Comment period expires May 12, 2006. Comments submitted after 
this date will be considered if it is practical to do so, but assurance 
of consideration cannot be given except for comments received on or 
before this date.

ADDRESSES: Submit written comments to the Chief, Rules and Directives 
Branch, Division of Administrative Services, Office of Administration, 
U.S. Nuclear Regulatory Commission, Mail Stop T6-D59, Washington, DC 
20555-0001, and cite the publication date and page number of this FRN. 
Written comments may also be delivered to NRC Headquarters, 11545 
Rockville Pike (Room T-6D59), Rockville, Maryland, between 7:30 a.m. 
and 4:15 p.m. on Federal workdays.

FOR FURTHER INFORMATION, CONTACT: Michael B. Norris at 301-415-4098 or 
by e-mail [email protected].

SUPPLEMENTARY INFORMATION:

NRC Regulatory Issue Summary 2006-XX

Endorsement of Nuclear Energy Institute Guidance ``Enhancements to 
Emergency Preparedness Programs for Hostile Action''

Addressees
    All holders of operating licenses for nuclear power reactors, 
except those who have permanently ceased operations and have certified 
that fuel has been permanently removed from the reactor vessel.
Intent
    The NRC is issuing this regulatory issue summary (RIS) to endorse 
the NEI guidance entitled ``Enhancements to Emergency Preparedness 
Programs for Hostile Action'' (revised in November 2005) as an 
acceptable implementation methodology that licensees may use when 
adopting the program enhancements discussed in NRC Bulletin 2005-02, 
``Emergency Preparedness and Response Actions for Security-Based 
Events.'' This RIS requires no action or written response by 
addressees.
Background Information
    Nuclear power plant emergency preparedness (EP) programs are 
designed to address a wide range of event scenarios. After the 
terrorist attacks of September 11, 2001, NRC evaluated the EP planning 
basis to ensure it continued to protect the public health and safety in 
the current threat environment. In 2002, NRC issued orders requiring 
compensatory measures for nuclear security and EP. The NRC staff has 
reviewed all of the responses to the 2002 orders. The NRC staff has 
observed licensee performance during security-event-based EP drills and 
exercises and security force-on-force exercises. The NRC staff has 
discussed security-related EP issues with Federal, State and local 
government officials and with licensees. The NRC staff determined that 
the EP planning basis continues to protect public health and safety, 
however, the NRC staff recognizes that enhancements are necessary to 
ensure effective plan implementation during security-related events. 
Examples of such enhancements include more timely NRC notification, 
improvement to onsite protective actions and revision of emergency 
action levels to identify security-related emergencies more succinctly.
    The NRC staff issued NRC Bulletin 2005-02 on July 18, 2005, to 
obtain information from licensees on progress in implementing security-
event-related

[[Page 12717]]

EP program enhancements. The NRC staff's evaluation of licensee 
responses to the bulletin indicate that all licensees are considering 
or have implemented enhancements to their programs. NEI developed the 
attached guidance to clarify the various options available to licensees 
to implement these enhancements, and requested NRC endorsement in a 
letter dated November 22, 2005.
Summary of Issue
    The NRC staff endorses the NEI guidance entitled ``Enhancements to 
Emergency Preparedness Programs Hostile Action'' (May 2005, Revised 
November 18, 2005). The NEI guidance clarifies issues, enhances 
emergency action levels and provides implementation methods in support 
of Bulletin 2005-02. The NEI guidance remains consistent with the 
intent of the bulletin and is appropriate for licensee use.
    The NRC staff recognizes the need for U.S. Department of Homeland 
Security involvement in drill and exercise program enhancements to 
ensure appropriate evaluation of security-event-based exercises. It may 
be appropriate to revise the current Exercise Evaluation Methodology 
and extent-of-play agreements to ensure the necessary objectives are 
demonstrated.
    Licensees using the NEI guidance to change its emergency plan 
should ensure that plan changes are coordinated with offsite response 
organizations. Although the NEI guidance provides an acceptable method 
for implementing enhancements, a licensee may select other methods. If 
licensees adopt changes as written in the NEI guidance and Bulletin 
2005-02, the NRC staff believes that those changes, on their own, would 
probably not pose a decrease in effectiveness and could be performed 
under Title 10 of the Code of Federal Regulations (10 CFR) Sec.  
50.54(q) without prior NRC approval. However, licensees have the 
responsibility to ensure that changes do not decrease the effectiveness 
of the emergency plans and that the plans, as changed, continue to meet 
the standards of 10 CFR 50.47(b) and the requirements of Appendix E to 
10 CFR Part 50. Other methods for implementing the enhancements may 
also be acceptable, but should be evaluated by licensees to ensure they 
do not decrease effectiveness. Proposed changes that decrease the 
effectiveness of the approved emergency plans may not be implemented 
without application to, and approval by the NRC.
Backfit Discussion
    This RIS endorses NEI guidance entitled ``Enhancements to Emergency 
Preparedness Programs Hostile Action'', November 2005, as an adequate 
methodology to implement the enhancements discussed in Bulletin 2005. 
Any action on the part of addressees to use the guidance endorsed by 
this RIS is strictly voluntary. This RIS does not impose new or 
modified NRC staff requirements, or prescribe a unique way to comply 
with the regulations, nor does it require any action or written 
response. Therefore, this RIS is not a backfit under 10 CFR 50.109 and 
the NRC staff did not perform a backfit analysis.
Congressional Review Act
    This RIS is a rule as designated by the Congressional Review Act (5 
U.S.C. 801-808) and, therefore, is subject to the Act.
Federal Register Notification
    A notice of opportunity for public comment on this RIS was 
published in the Federal Register on XX XX XX. Comments were received 
from the public and comment resolution can be found in the Adams with 
accession No. YYYYYYY.
Paperwork Reduction Act Statement
    This RIS does not contain information collection requirements that 
are subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.). Existing collection requirements under 10 CFR Part 50 were 
approved by the Office of Management and Budget (OMB), approval number 
3150-0011. The NRC may not conduct or sponsor, and a person is not 
required to respond to, an information collection unless the requested 
document displays a currently valid OMB control number.
Contact
    Please direct any questions about this matter to the technical 
contact listed below.
    Christopher I. Grimes, Director, Division of Policy and Rulemaking, 
Office of Nuclear Reactor Regulation.
    Technical Contact: Michael B. Norris, NSIR/DPR/EPD, (301) 415-4098. 
E-mail: [email protected].
    Enclosure: NEI Guidance, ``Enhancements to Emergency Preparedness 
Programs Hostile Action'', May 2005, Revised November 18, 2005.

    Note: NRC generic communications may be found on the NRC public 
Web site, http://www.nrc.gov, under Electronic Reading Room/Document 
Collections.

End of Draft Regulatory Issue Summary

    Documents may be examined, and/or copied for a fee, at the NRC's 
Public Document Room at One White Flint North, 11555 Rockville Pike 
(first floor), Rockville, Maryland. Publicly available records will be 
accessible electronically from the Agencywide Documents Access and 
Management System (ADAMS) Public Electronic Reading Room on the 
Internet at the NRC Web site, http://www.nrc.gov/NRC/ADAMS/index.html. 
If you do not have access to ADAMS or if you have problems in accessing 
the documents in ADAMS, contact the NRC Public Document Room (PDR) 
reference staff at 1-800-397-4209 or 301-415-4737 or by e-mail to 
[email protected].

    Dated at Rockville, Maryland, this 3rd day of March 2006.

    For the Nuclear Regulatory Commission.
Christopher I. Grimes,
Director, Division of Policy and Rulemaking, Office of Nuclear Reactor 
Regulation.
[FR Doc. 06-2386 Filed 3-10-06; 8:45 am]
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