[Federal Register Volume 59, Number 71 (Wednesday, April 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8844]
[[Page Unknown]]
[Federal Register: April 13, 1994]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 50
[Docket No. PRM-50-60]
Virginia Power; Filing of Petition for Rulemaking
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of receipt of petition for rulemaking.
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SUMMARY: The Nuclear Regulatory Commission (NRC) is publishing for
public comment a notice of receipt of petition for rulemaking dated
December 30, 1993, which was filed with the Commission by Virginia
Power. The petition was assigned Docket No. PRM-50-60 on January 19,
1994. The petitioner requests that the Commission amend its emergency
preparedness requirements to change the frequency with which each
licensee conducts independent reviews of its emergency preparedness
program from annually to biennially.
DATES: Submit comments June 27, 1994. 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 the Secretary, U.S. Nuclear Regulatory
Commission, Attention: Docketing and Service Branch, Washington, DC
20555. For a copy of the petition, write to the Rules Review Section,
Rules Review and Directives Branch, Division of Freedom of Information
and Publications Services, Office of Administration, U.S. Nuclear
Regulatory Commission, Washington, DC 20555.
FOR FURTHER INFORMATION CONTACT: Michael T. Lesar, Chief, Rules Review
Section, Rules Review and Directives Branch, Division of Freedom of
Information and Publications Services, Office of Administration, U.S.
Nuclear Regulatory Commission, Washington, DC 20555, Telephone: 301-
492-7758 or Toll Free: 800-368-5642.
SUPPLEMENTARY INFORMATION:
Background
The Commission's regulations currently require that each licensee
conduct an independent audit of its emergency preparedness program by
personnel who have no direct responsibility for the subject areas at
least every 12 months.
Petitioner's Request
Virginia Power requests that the NRC amend its regulations to
require that each licensee conduct, at a minimum, a biennial, rather
than annual, independent audit of its emergency preparedness program.
The petitioner states that, if warranted by performance, the resources
previously dedicated to the conduct of mandatory audits in this area
could now be more effectively used to address performance issues of
safety significance. The petitioner indicates that audit functions
concerning emergency preparedness would in turn become more
performance-based rather than schedule-driven according to the present
annual requirement.
The petitioner notes that this request is consistent with the
recommendation of the NRC Regulatory Review Group Summary and Overview
Report (August 31, 1993).
Grounds for Request
The petitioner states that the changes requested are identified as
present requirements which are resource intensive but of marginal
importance to safety. The petitioner offers the following reasons for
the request.
1. The underlying purpose of the existing rule is to ensure the
continued emergency preparedness program effectiveness in taking the
required actions necessary to provide for the health and safety of
the public in the event of plant emergencies. This can be readily
attained by a more performance-based approach to emergency
preparedness overview. The frequency of audits need not be set on an
annual basis if performance warrants a different frequency. The
proposed rule provides for a nominal frequency of 24 months based on
existing performance.
2. Industry performance to date indicates excellent
implementation and effective emergency preparedness programs.
Industry-wide SALP ratings for emergency preparedness have improved
from an average of 2.29 in 1980 to 1.26 in 1992. A two-year audit
schedule would permit the licensee an increased degree of
flexibility to concentrate available audit resources in areas of
observed weakness based on performance rather than conducting a
mandatory annual audit of marginal safety significance.
3. The existing requirement to conduct an annual audit is not of
itself necessary to achieve the underlying purpose of 10 CFR
50.54(t). Performance-based overview with a two-year maximum
interval is sufficient and the proposed rule does not preclude an
increased audit frequency if performance warrants. Based on the
existing performance within the industry, biennial audits represent
an acceptable minimum frequency.
4. The proposed rulemaking is philosophically consistent with
the recommendations concerning audits of programs such as Fitness
for Duty included in the NRC Regulatory Review Group Summary and
Overview (Final) issued in August 1993.
5. Regulatory Guide 1.33, Quality Assurance Program Requirements
(Operation), prescribes a two-year audit frequency for most
operational phase activities commensurate with the activity's
operational safety significance. As emergency preparedness programs
serve to ensure the proper operation of each facility, so the audits
of these programs serve to monitor program effectiveness. The
proposed rule is consistent with this previously defined regulatory
position and the present safety significance as evidenced by
industry performance.
6. Granting the proposed rule to reduce the frequency of audits
based on continued good performance is warranted based on the
present good performance of industry plans and programs, the
documented trend of identifying fewer significant issues associated
with emergency preparedness audits, and by virtue of meeting the
intent of the regulations in the balance of their requirements.
7. Consideration of relaxing this requirement is warranted in
light of the completion and implementation of enhanced emergency
equipment and systems, the continuing rise in the level of industry
proficiency and performance, and the increased industry sensitivity
to emergency preparedness.
8. The existing requirements to conduct annual audits are not of
themselves necessary to achieve the underlying purpose of Appendix E
to 10 CFR part 50. Biennial audits are sufficient to provide an
acceptable formal confirmation of program effectiveness.
Supporting Information
The petitioner states that emergency preparedness programs
throughout the industry are designed to achieve and maintain an
adequate level of emergency response capability and that required
audits are conducted to ascertain the effective implementation of the
basic elements existing within emergency preparedness plans and
organizations. The petitioner states that the audit process is designed
to ensure and confirm the ability to respond properly to an emergency
condition. According to the petitioner, the intent of the petition for
rulemaking would be to verify that an acceptable level of emergency
preparedness is attained and maintained consistent with each approved
program.
The petitioner states that in addition to the audits, onsite and
offsite graded exercises also serve as a direct assessment of program
effectiveness. The petitioner notes that this petition for rulemaking
complements the petition for rulemaking published on March 4, 1993 (58
FR 12339), concerning modification of the requirement to change the
exercise emergency plans from annual to biennial. The petitioner
indicates that the audit and exercise can alternate yearly as the
formal means to verify program effectiveness and that neither action
precludes additional audits if performance trends indicate additional
overview is warranted.
The petitioner states that because audits indicate to management
where additional attention and resources might be needed based on
performance trends, excellent performance could also indicate where
less attention and resources are required. Therefore, the petitioner
believes that based on industry's performance, annual audits of
emergency preparedness programs are no longer commensurate with any
safety benefit derived by the audit function.
Proposed Amendments to 10 CFR Part 50
The petitioner proposed that in Sec. 50.54, paragraph (t) be
revised to read as follows:
Sec. 50.54 Conditions of licenses.
* * * * *
(t) A nuclear power reactor licensee shall provide for the
development, revision, implementation, and maintenance of its emergency
preparedness program. To this end, the licensee shall provide for a
review of its emergency preparedness program nominally every 24 months
by persons who have no direct responsibility for implementation of the
emergency preparedness program. The review shall include an evaluation
for adequacy of interfaces with State and local governments and of
licensee drills, exercises, capabilities, and procedures. The results
of the review, along with recommendations for improvements, shall be
documented, reported to the licensee's corporate and plant management,
and retained for a period of five years. The part of the review
involving the evaluation for adequacy of interface with State and local
governments shall be available to the appropriate State and local
governments.
* * * * *
Conclusion
The petitioner states that the existing rule is not necessary to
ensure an adequate emergency preparedness program. It provides an
overview to direct management attention and resources to observed
performance deficiencies. The petitioner indicates that the proposed
rule would continue to require an adequate minimum provision for
program overview based on existing industry performance. Therefore, the
petitioner believes that annual audits are no longer commensurate with
the benefit gained based on the commendable performance by the industry
in this area.
Dated at Rockville, Maryland, this 7th day of April 1994.
For the Nuclear Regulatory Commission.
John C. Hoyle,
Assistant Secretary of the Commission.
[FR Doc. 94-8844 Filed 4-12-94; 8:45 am]
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