Information Notice 2024-02, Impact on Licensee Emergency Plans from Changes Made by Offsite Response Organizations to Alert and Notifications Systems
| ML23271A246 | |
| Person / Time | |
|---|---|
| Issue date: | 03/25/2024 |
| From: | Kathryn Brock, Russell Felts Office of Nuclear Security and Incident Response, NRC/NRR/DRO/IOEB |
| To: | |
| References | |
| IN-24-002 | |
| Download: ML23271A246 (5) | |
ML23271A246 UNITED STATES
NUCLEAR REGULATORY COMMISSION
OFFICE OF NUCLEAR REACTOR REGULATION
OFFICE OF NUCLEAR SECURITY AND INCIDENT RESPONSE
WASHINGTON, DC 20555-0001
March 25, 2024
NRC INFORMATION NOTICE 2024-02: IMPACT ON LICENSEE EMERGENCY PLANS
FROM CHANGES MADE BY OFFSITE RESPONSE
ORGANIZATIONS TO ALERT AND NOTIFICATION
SYSTEMS
ADDRESSEES
All holders of an operating license for a nuclear power reactor under Title 10 of the Code of
Federal Regulations (10 CFR) Part 50, Domestic Licensing of Production and Utilization
Facilities, except those that have permanently ceased operations and have certified that fuel
has been permanently removed from the reactor vessel.
All holders of and applicants for a power reactor combined license, standard design approval, or
manufacturing license under 10 CFR Part 52, Licenses, Certifications, and Approvals for
Nuclear Power Plants.
PURPOSE
The U.S. Nuclear Regulatory Commission (NRC) is issuing this information notice (IN) to inform
addressees of the importance of properly evaluating changes made by offsite response
organizations (OROs) for potential impacts on the licensees ability to maintain an effective
emergency plan, and in particular, the importance of ensuring that the Alert and Notification
System (ANS) Design Report is evaluated and maintained, consistent with NRC-approved
licensee emergency plans. In addition, licensees need to routinely communicate with OROs to
learn of changes that necessitate revising the ANS Design Report. An accurate and properly
maintained ANS Design Report ensures that the NRC and the Federal Emergency Management
Agency (FEMA) have an opportunity to review the changes. Even though the ANS Design
Report is reviewed and approved by FEMA, it is assessed by NRC as part of the licensing basis
and is an integral part of the NRCs reasonable assurance finding that the emergency plan will
provide adequate protection of public health and safety.
Title 10 of the Code of Federal Regulations (10 CFR) Section 50.54(q)(2) requires that a
licensee under this part, or a combined license under Part 52 with a Commission finding
under Section 52.103(g), shall follow and maintain the effectiveness of an emergency
plan that meets the requirements in Appendix E to this part and, for nuclear power
reactor licensees, the planning standards of Section 50.47(b).
10 CFR 50.47(b)(5) requires, in part, that early notification and clear instruction plans
have been established for the populace within the plume exposure pathway emergency
planning zone (EPZ). *
10 CFR 50 Appendix E.IV.D.3 requires, in part, that the alerting and notification
capability shall also include administrative and physical means for a backup method of
public alert and notification.
It is expected that recipients will review the information for applicability to their facilities and
consider actions, as appropriate, to avoid similar problems. However, suggestions contained in
this IN do not constitute NRC requirements; therefore, no specific action or written response is
required.
DESCRIPTION OF CIRCUMSTANCES
The NRC has documented three circumstances where changes to the ANS Design Report have
impacted the licensees ability to maintain the effectiveness of the emergency plan.
Failure to Receive Prior Approval from FEMA for ANS Design Report Changes
At one facility, inspectors identified that over a 23-year timeframe, the licensee made significant
changes to the ANS Design Report without obtaining FEMA approval for the changes, consistent with FEMAs regulations in 44 CFR Part 350, Review and Approval of State and
Local Radiological Emergency Plans and Preparedness. This finding affected a risk significant
planning standard (RSPS 10 CFR 50.47(b)(5)) because the licensee failed to obtain FEMA
approval of significant changes to the ANS.
Failure to Maintain Awareness of ORO Changes to ANS That Impact Licensee Regulatory
Responsibilities
Several licensees were not aware that OROs made changes to the backup ANS method. As a
result, the changes were not incorporated into ANS Design Reports, licensee emergency plans
were not updated, and the NRC did not have an opportunity to review the changes prior to
implementation, and the changes were not approved via an ANS Design Report. As a result, the
licensees emergency plan was inconsistent with the ORO emergency plans for the ANS backup
method used if the primary method failed.
Failure to Establish Effective Means of Providing Early Notification (Inaccurate Tone Alert
Radios Addresses)
At one facility, inspectors identified a licensees failure to maintain the means to provide alert
and notification, and clear instructions, to the population within the plume exposure pathway
EPZ in accordance with 10 CFR 50.47(b)(5). Specifically, the licensee had not provided tone
alert radios to a large number of addresses requiring radios and failed to ensure the ORO had
established the capability for compensatory alerting measures. The licensee's failure to provide
the means for notification and instruction to the public was caused in part by the failure to
remain in compliance with the FEMA-approved ANS Design Report and supporting FEMA
approval letter.
DISCUSSION
The NRC requires licensees to comply with 10 CFR 50.54(q)(2), which states, in part, that a
licensee authorized to possess and operate a nuclear power reactor shall follow and maintain in
effect emergency plans that meet the planning standards in 10 CFR 50.47(b) and the
requirements in Appendix E of 10 CFR Part 50 (Appendix E). The NRC evaluates the
acceptability of a licensees emergency plan against the planning standards set forth in 10 CFR 50.47(b), the requirements of Appendix E to 10 CFR Part 50, and the guidance contained in
NUREG-0654/FEMA-REP-1, Criteria for Preparation and Evaluation of Radiological
Emergency Response Plans and Preparedness in Support of Nuclear Power Plants. In
particular, Appendix E.IV.D.3 states, in part, The licensee shall demonstrate that the
appropriate governmental authorities have the capability to make a public alerting and
notification decision promptly on being informed by the licensee of an emergency condition.
The NRC is required to make a finding that there is reasonable assurance that adequate
protective measures can and will be taken by the licensee in the event of a radiological
emergency. This finding is made by reviewing and approving a licensees emergency plan for
compliance with the regulations discussed above. As part of the finding, the NRC also reviews
FEMAs findings and determinations to assess whether there is reasonable assurance that ORO
emergency plans are adequate and can be implemented. Once approved, power reactor
licensees are required to follow and maintain the effectiveness of an emergency plan that meets
the requirements in Appendix E and the planning standards of 10 CFR 50.47(b). The ANS
Design Report contains ANS system design, system testing and maintenance requirements, and documentation for the primary and backup methods of alerting and informing the public.
The ANS Design Report is part of ORO emergency plans and is approved by FEMA through
44 CFR Part 350, Review and Approval of State and Local Radiological Emergency Plans and
Preparedness. The NRC reviews changes to the ANS Design Report to ensure that applicable
regulatory requirements continue to be met and is considered part of the licensing basis. The
NRCs finding of reasonable assurance is reliant upon a licensees timely update of the ANS
Design Report; therefore, it is imperative that a licensee maintain routine communication with
OROs to be informed of changes that may impact the ANS Design Report.
PAPERWORK REDUCTION ACT STATEMENT
This IN does not contain new or amended information collection requirements that are subject to
the Paperwork Reduction Act of 1995 (44 U.S.C. 10 CFR 3501 et seq.). Existing requirements
were approved by the Office of Management and Budget (OMB) under approval control
numbers 3150-0011, 3150-0151, and 1660-0024.
PUBLIC PROTECTION NOTIFICATION
The NRC may not conduct or sponsor, and a person is not required to respond to, a collection
of information unless the document requesting or requiring the collection displays a currently
valid OMB control number.
CONTACT
This IN requires no specific action or written response. However, if you have any questions
about the information in this notice, please notify the technical contact listed below. Licensees
may also contact the NRC regional emergency preparedness inspectors or Office of Nuclear
Security and Incident Response (NSIR), Policy and Oversite Branch staff, when issues or
concerns arise.
/RA/
/RA/
Russell Felts, Director
Kathryn M. Brock, Director
Division of Reactor Oversight
Division of Preparedness and
Office of Nuclear Reactor Regulation
Response
Office of Nuclear Security and
Incident Response
Technical Contact:
Don A. Johnson, NSIR
(301) 287-9230
E-mail: Don.Johnson@nrc.gov
Note: NRC generic communications may be found on the NRC public Web site, http://www.nrc.gov, under NRC Library/Document Collections.
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