[Federal Register Volume 80, Number 103 (Friday, May 29, 2015)]
[Notices]
[Pages 30739-30740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13079]
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NUCLEAR REGULATORY COMMISSION
[FEMA-2012-0026, NRC-2015-0133]
Preparation and Evaluation of Radiological Emergency Response
Plans and Preparedness
AGENCY: Nuclear Regulatory Commission.
ACTION: Draft NUREG; request for comment.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing for
public comment draft NUREG-0654/FEMA-REP-1, Revision 2, ``Criteria for
Preparation and Evaluation of Radiological Emergency Response Plans and
Preparedness in Support of Nuclear Power Plants.'' This guidance
document was originally issued in December 1980 by the NRC in
conjunction with the Federal Emergency Management Agency (FEMA). Both
agencies use the document to evaluate the adequacy of the emergency
plans and preparedness of commercial nuclear power plant (NPP)
licensees and applicants, as well as those of State, local, and Tribal
governments within the emergency planning zones (EPZs) surrounding
commercial NPPs. This revision reflects changes to the NRC's and FEMA's
regulations, guidance, and policies, as well as advances in technology
and methods for responding to radiological incidents that have occurred
since the document was originally issued. It also incorporates the four
supplemental documents and addenda to NUREG-0654/FEMA-REP-1, Revision
1, that have been issued in the intervening years, and is intended to
modernize the guidance while lessening administrative burden on users.
DATES: Submit comments by August 27, 2015. Comments received after this
date will be considered if it is practical to do so, but the NRC is
able to assure consideration only for comments received on or before
this date.
ADDRESSES: In order to avoid the receipt and review of duplicate
submissions, please submit your comments and any supporting material by
only one of the following means:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID FEMA-2012-0026. For
technical questions, contact the individual listed in the FOR FURTHER
INFORMATION CONTACT section of this document.
Mail comments to: Regulatory Affairs Division, Office of
Chief Counsel, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472-3100.
For additional direction on obtaining information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Don Tailleart, Office of Nuclear
Security and Incident Response, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-287-9257; email:
[email protected] or William Eberst, Technological Hazards
Division, National Preparedness Directorate, Federal Emergency
Management Agency; Washington, DC 20472-3100; telephone: 202-341-4917;
email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID FEMA-2012-0026 when contacting the NRC
about the availability of information for this action. You may obtain
publicly available information related to this action by any of the
following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID FEMA-2012-0026.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS,
please contact the NRC's Public Document Room (PDR) reference staff at
1-800-397-4209, 301-415-4737, or by email to [email protected]. The
draft guidance document is available in ADAMS under Accession No.
ML14246A519.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
Submitted comments may also be inspected at FEMA, Office of Chief
Counsel, 500 C Street SW., Washington, DC 20472-3100.
B. Submitting Comments
Please include Docket ID FEMA-2012-0026 in the subject line of your
comment submission, in order to ensure that FEMA is able to make your
comment submission available to the public in this docket.
All submissions received must include the agency name (FEMA) and
docket ID. Regardless of the method used for submitting comments or
material, FEMA will post all submissions, without change, to
www.regulations.gov and will include any personal information that you
provide. Therefore, submitting this information makes it public. You
may wish to read the Privacy Act notice, which can be viewed by
clicking on the ``Privacy Notice'' link on the homepage of
www.regulations.gov.
II. Discussion
In December 1980, the NRC issued NUREG-0654/FEMA-REP-1, Revision 1,
``Criteria for Preparation and Evaluation of Radiological Emergency
Response Plans and Preparedness in Support of Nuclear Power Plants,''
in conjunction with FEMA (45 FR 85862; December 30, 1980).
Revision 1 of NUREG-0654/FEMA-REP-1 provides guidance on meeting
the 16 planning standards for NPP emergency response plans found in the
NRC's regulations in paragraph 50.47(b) of Title 10 of the Code of
Federal Regulations (10 CFR) and FEMA's regulations set forth in 44 CFR
350.5(a). Both agencies use the guidance in determining compliance with
these planning standards and evaluating the overall adequacy of the
emergency plans and preparedness of commercial NPP licensees and
applicants, as well as State, local, and Tribal governments within the
EPZs surrounding commercial NPPs, for responding to a radiological
incident at an NPP.
[[Page 30740]]
Since the publication of NUREG-0654/FEMA-REP-1, Revision 1, in
1980, four supplemental documents and one set of addenda have been
issued that update and modify specific planning and procedural
elements. These documents are available online at the Federal
rulemaking Web site, www.regulations.gov, under Docket ID FEMA-2012-
0026. There have also been changes to the NRC's and FEMA's regulations,
guidance, and policies, as well as advances in technology and methods
for responding to radiological incidents. The NRC and FEMA are revising
NUREG-0654/FEMA-REP-1, Revision 1, to incorporate information from the
supplements and addenda; address regulatory, guidance, and policy
changes; and include various emergency planning and preparedness
lessons learned since its initial publication.
The NRC is developing an emergency preparedness handbook (a NUREG
document) in conjunction with the revision of NUREG-0654/FEMA-REP-1.
The handbook will provide amplifying guidance on meeting the intent of
the NUREG-0654/FEMA-REP-1, Revision 2 evaluation criteria applicable to
commercial NPP applicants and licensees, and the level of detail that
applicant and licensee emergency plans should provide regarding each
evaluation criterion. A preliminary draft version of the handbook will
be available for viewing in ADAMS under Accession No. ML15140A415
during the public comment period for NUREG-0654/FEMA-REP-1, Revision 2;
a final draft version of the handbook will be issued at a later time.
The NRC and FEMA held two public meetings on August 22, 2012, and
September 13, 2012, as well as two public stakeholder engagement
sessions on October 29-31, 2013, and June 25, 2014. The public meetings
were conducted in order to: (1) solicit input from stakeholders and
interested members of the public on the scope of future revisions to
NUREG-0654/FEMA-REP-1, Revision 1; (2) describe the proposed timeline
for the revisions to NUREG-0654/FEMA-REP-1, Revision 1; (3) promote
transparency, public participation, and collaboration during the NUREG-
0654/FEMA-REP-1, Revision 1, revision process; and (4) allow direct
input from stakeholders and the public on changes being made during the
initial writing process. Presentation material and meeting notes are
available for review on the Federal rulemaking Web site,
www.regulations.gov, under Docket ID FEMA-2012-0026.
III. Backfitting and Issue Finality
Issuance of NUREG-0654/FEMA-REP-1, Revision 2, in final form, would
not constitute backfitting under 10 CFR 50.109 and would not otherwise
be inconsistent with the issue finality provisions in 10 CFR part 52.
As discussed in section I.B., ``Scope,'' under the subsection titled
``Use by NRC,'' of NUREG-0654/FEMA-REP-1, Revision 2, the NRC has no
current intention to impose NUREG-0654/FEMA-REP-1, Revision 2, on
current holders of a construction permit, operating license, early site
permit, or combined license.
NUREG-0654/FEMA-REP-1, Revision 2, if finalized, could be applied
to applications for certain 10 CFR part 50 operating licenses or
construction permits and 10 CFR part 52 combined licenses and early
site permits. Such action would not constitute backfitting as defined
in 10 CFR 50.109 or be otherwise inconsistent with the applicable issue
finality provision in 10 CFR part 52, inasmuch as such applicants are
not, with certain exceptions, within the scope of entities protected by
10 CFR 50.109 or the relevant issue finality provisions in 10 CFR part
52. This is because neither the Backfit Rule nor the issue finality
provisions under 10 CFR part 52--with certain exclusions discussed
below--was intended to apply to every NRC action that substantially
changes the expectations of current and future applicants. The
exceptions to the general principle are applicable whenever an
applicant references a 10 CFR part 52 license (e.g., an early site
permit), NRC regulatory approval (e.g., a design certification rule),
or both, with specified issue finality provisions. The staff does not,
at this time, intend to impose the positions represented in the draft
NUREG (if finalized) in a manner that is inconsistent with any issue
finality provisions. If, in the future, the staff seeks to impose a
position in the draft NUREG (if finalized) in a manner that does not
provide issue finality as described in the applicable issue finality
provision, then the staff must address the criteria for avoiding issue
finality as described in the applicable issue finality provision.
Dated at Rockville, Maryland, this 20th day of May, 2015.
For the U.S. Nuclear Regulatory Commission.
Brian E. Holian,
Director, Office of Nuclear Security and Incident Response.
[FR Doc. 2015-13079 Filed 5-28-15; 8:45 am]
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