ML20352A170
| ML20352A170 | |
| Person / Time | |
|---|---|
| Issue date: | 12/23/2020 |
| From: | Brian Holian Office of Nuclear Security and Incident Response |
| To: | Grisafe C US Dept of Homeland Security, Federal Emergency Management Agency |
| Brock K | |
| References | |
| Download: ML20352A170 (3) | |
Text
December 23, 2020 Mr. Christopher Grisafe Associate Administrator, Resilience DHS, Federal Emergency Management Agency 500 C Street, SW Washington, DC 20472
SUBJECT:
RESPONSE TO COVID-19 PUBLIC HEALTH EMERGENCY
Dear Mr. Grisafe:
This letter serves to provide additional context to what was provided in your December 2, 2020, letter to the Conference of Radiation Control Program Directors in response to their concerns regarding the challenges presented by the COIVD-19 public health emergency (PHE).
As you know, the U.S. Nuclear Regulatory Commission (NRC) shares the Federal Emergency Management Agencys (FEMA) concern regarding the challenges to offsite response organizations effectiveness as a result of the PHE. Specifically, the NRC has taken actions to provide regulatory relief regarding full participation emergency preparedness exercises, if desired and properly justified by the licensee. The NRC has consulted with FEMA through our regular communication channels on all related licensing actions throughout the PHE.
The NRC and FEMA have different roles in the NRCs final determination of reasonable assurance for nuclear power plants. The NRC has singular authority under the Atomic Energy Act1 for licensing decisions, which are based in part on the NRCs finding of reasonable assurance of the adequacy of onsite and offsite emergency preparedness for a nuclear power plant site. FEMAs review of the offsite capabilities and readiness of the offsite plans under Title 44 of the Code of Federal Regulations, Section 350 is a consideration the NRC uses as part of its reasonable assurance determination. When the NRC grants a licensees request for a site-specific exemption from an NRC regulation, the NRC has determined that reasonable assurance at that licensees facility and the surrounding areas will be maintained. This reasonable assurance finding is part of the NRCs conclusions that the exemption is authorized by law, will not present an undue risk to the public health and safety, and is consistent with the common defense and security, and special circumstances are present as described in the Commissions regulations.
1 Atomic Energy Act of 1954, as amended, 42 U.S.C. §§ 2011-2297h (2012) (AEA) and Title II of the Energy Reorganization Act of 1974, as amended, 42 U.S.C. §§ 5801-5891 (2012) (ERA)
C. Grisafe 2
We will engage your staff to set up a meeting to discuss this with you or your staff to ensure that both the NRC and FEMA have a common understanding of reasonable assurance as it applies to nuclear power plant licensing.
Sincerely, Brian E. Holian, Director Office of Nuclear Security and Incident Response cc: K. Steves, CRCPD Brian E.
Holian Digitally signed by Brian E. Holian Date: 2020.12.23 10:33:43 -05'00'
C. Grisafe 3
SUBJECT:
RESPONSE TO COVID-19 PUBLIC HEALTH EMERGENCY DATED: December 23, 2020 DISTRIBUTION:
Public RidsOgcMailCenter Resource D. Lew, RI L. Dudes, RII J. Giessner, RIII S. Morris, RIV ADAMS Accession Number: ML20352A170
- via email OFFICE NSIR/DPR/D*
OGC*
NSIR*
NAME KBrock HBenowitz BHolian DATE 12/21/2020 12/22/2020 12/23/2020 OFFICIAL RECORD COPY