[Federal Register: August 19, 2003 (Volume 68, Number 160)]
[Notices]
[Page 49783-49785]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19au03-69]
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
Radiological Emergency Preparedness: Planning and Preparing for a
Fast-Breaking Event
AGENCY: Federal Emergency Management Agency, Emergency Preparedness and
Response Directorate, Department of Homeland Security.
ACTION: Notice with request for comments.
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SUMMARY: Pursuant to completion of the Radiological Emergency
Preparedness (REP) Program exercise evaluation criteria, the Federal
Emergency Management Agency (FEMA) is proposing a means to evaluate the
capability of Offsite Response Organizations (ORO) to respond to a
fast-breaking event at a commercial nuclear power plant.
DATES: FEMA must receive comments on or before October 20, 2003.
ADDRESSES: You may submit your comments to the Rules Docket Clerk,
Office of the General Counsel, Federal Emergency Management Agency,
Room 840, 500 C Street, SW., Washington, DC 20472, or send them by e-
mail to
[[Page 49784]]
rules@fema.gov. Please reference ``REP: Planning and Preparing for a
Fast-Breaking Event'' in the subject line of your e-mail or comment
letter.
FOR FURTHER INFORMATION CONTACT: Vanessa E. Quinn, Chief, Radiological
Emergency Preparedness Branch, Technological Services Division, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472;
(202) 646-3664; vanessa.quinn@dhs.gov.
SUPPLEMENTARY INFORMATION: Pursuant to completion of the REP Program
exercise evaluation criteria, FEMA is proposing a means to evaluate the
capability of OROs to respond to a fast-breaking event at a commercial
nuclear power plant. The subject notice contains I. background
information, II. the regulatory basis with a chart illustrating the
alert and notification timeline, III. considerations when preparing a
response to a fast-breaking event, IV. Evaluation Criterion 5.a.2 with
the associated extent of play, and V. frequency of evaluation.
I. Background
FEMA published a Federal Register notice entitled ``Radiological
Emergency Preparedness: Exercise Evaluation Methodology'' at 66 FR
47526, September 12, 2001, containing the REP exercise evaluation areas
and associated criteria, effective as of October 1, 2001, for use when
evaluating REP exercises. After publication, FEMA clarified some of the
information in the September notice and published a notice of
correction in the Federal Register at 67 FR 20580, April 25, 2002.
In both notices, FEMA deferred publication of proposed Criterion
5.a.2, which would evaluate an ORO's capability for urgent notification
of the public in the event of a fast-breaking incident at the plant.
FEMA is now going forward with publication of the draft criterion for
comment.
II. Regulatory Basis
The aforementioned emergency preparedness-related Nuclear
Regulatory Commission (NRC) and FEMA regulations and case law (Atomic
Safety and Licensing Appeal Board ALAB-935) provide the regulatory
bases for judging the adequacy of the offsite planning and preparedness
for a response to a situation requiring urgent action.
Appendix E to 10 CFR Part 50 states:
[t]he licensee shall demonstrate that the State/local officials
have the capability to make a public notification decision promptly
on being informed by the licensee of an emergency condition.
It further states:
[t]he design objective of the prompt public notification system
shall be to have the capability to essentially complete the initial
notification of the public within the plume exposure pathway EPZ
[emergency planning zone] within about 15 minutes. The use of this
notification capability will range from immediate notification of
the public (within 15 minutes of the time that State and local
officials are notified that a situation exists requiring urgent
action) to the more likely events where there is substantial time
available for the State and local government officials to make a
judgment whether or not to activate the public notification system.
The Atomic Safety and Licensing Appeal Board characterizes the
timing requirement in Appendix E as about 15 minutes from the time
offsite official(s) are notified and specifies that the ``about 15
minutes'' timeframe concludes when the notification message begins.
Public Service Company of New Hampshire (Seabrook Station, Units 1 and
2) ALAB-935, 32 NRC 57 (1990).
FEMA regulation 44 CFR Part 350.5(a)(5) states, in part:
[p]rocedures have been established for notification, by the
licensee, of State and local response organizations * * * and means
to provide early notification and clear instruction to the populace
within the plume exposure pathway Emergency Planning Zone have been
established.
In order to fulfill the intent of the regulations and case law,
that is, to ensure the ability to provide a rapid offsite response in
the event of a severe nuclear power plant incident, we believe it is
necessary to specify a timeframe for notification of the offsite
official(s). Therefore, we have established an approximately 5-minute
timeframe between the licensee's notification of the offsite
communications point or, if in the plan, the communications point's
verification of the notification, and the communications point's
notification of offsite official(s).
The chart below illustrates the timeframes, as discussed above and
as explained below in Evaluation Criterion 5.a.2, for demonstration of
an offsite response to a fast-breaking event:
[GRAPHIC] [TIFF OMITTED] TN19AU03.006
III. Considerations When Planning a Response to a Fast-Breaking Event
The licensee's notification will include a Protective Action
Recommendation (PAR). The ORO is responsible for considering the
recommendation and deciding whether to include a protective action in
the initial Emergency Alert System (EAS) message and, if so, what the
protective action should be. Some OROs may choose to implement the
utility's PAR or a default protective action, pending an independent
evaluation by responsible offsite officials. Other OROs--in light of
the potential need to modify utility recommendations in
[[Page 49785]]
cases of bad weather or other concurrent emergencies--have delegated
such decision making authority to appropriate on-call ORO officials.
OROs may also choose to not include a protective action in the
initial message. FEMA guidance at 66 FR 47546, September 12, 2001,
permits an initial EAS message that does not contain a protective
action but notifies the public of the need to stand by for further
information. However, in light of the urgency of a fast-breaking event
and the need for immediate response, OROs are strongly encouraged to
include a protective action in the initial message. In most fast-
breaking events the preferred initial protective action--as described
in Supplement 3, ``Criteria for Protective Action Recommendations,'' to
NUREG-0654/FEMA-REP-1, Rev. 1, ``Criteria for Preparation and
Evaluation of Radiological Emergency Response Plans and Preparedness in
Support of Nuclear Power Plants''--is to evacuate immediately about two
miles around the plant and about five miles downwind. The exception is
a situation where there are other conditions, such as severe weather,
that would make evacuation dangerous. In that instance the protective
action would be to shelter-in-place.
IV. Evaluation Criterion 5.a.2
A. Criterion 5.a.2: In a situation that requires urgent action,
responsible OROs demonstrate the capability to initiate public alerting
and notification within the plume exposure EPZ within the following
timeframes: (1) Notifying State and local officials within
approximately 5 minutes of licensee's notification of the offsite
communications point or, if in the plan, within approximately 5 minutes
of the communication point's verification of the notification and (2)
alerting the public and beginning notification of the public within
about 15 minutes, but not to exceed 20 minutes, from notification of
the State and local official(s). The initial instructional message to
the public must include, at a minimum, the elements required by current
FEMA REP guidance. (10 CFR part 50, Appendix E.IV.D.3, 44 CFR
350.5(a)(5), and NUREG-0654/FEMA-REP-1, E.5, 6, 7).
B. Demonstration of Fast-breaking Event: Demonstration of the
process can be through a biennial exercise or an unannounced drill,
separate from the biennial exercises, and will be scheduled within a
seven-day window. Responsible parties may be told of the demonstration
schedule window, but will not be told of a specific time for the
demonstration. Real-life emergencies may preempt the demonstration, and
these interruptions will not adversely affect the evaluation. The
Extent of Play, shown below, generally establishes the type and level
of detail to be demonstrated in the exercise that FEMA will be
evaluating for Criterion 5.a.2.
C. Extent of Play: The criterion should be demonstrated using the
staff, procedures, and equipment identified in the ORO's plan (for
example, the plant notification line, the decision maker's notification
system, the actual communications point, and personnel normally
assigned to responsible duty locations). Actual activation of the
public alerting system or notification system is not necessary.
Appropriate simulations may be submitted by the ORO for FEMA's review
and approval.
The evaluation begins when the ORO communications point receives
the notification in accordance with approved procedures and, if
specified in the plan, immediately verifies the notification. The first
(approximately 5 minutes) time limit begins. Notification of
responsible offsite official(s) should be performed in accordance with
approved procedures and evaluated as to its completion within
approximately 5 minutes. FEMA will time this period in order to support
a judgment as to whether the performance achieved the desired result.
The ORO must maintain a duty list showing that appropriate offsite
official(s) who are authorized to approve the alerting of the public
and broadcast of the EAS message are available at all times. Evaluation
as to compliance with the timeframe (about 15 minutes, but no more than
20) begins when the ORO's communications point has completed its
notification of the offsite official(s).
Decision making may involve conferring with staff or others, but
the amount of time involved must be consistent with achieving the
design criterion of about 15 minutes, but not more than 20. The
decision making process should result in a decision to alert and notify
the public. Activation of the public alerting system and performance of
the first sounding cycle should be accomplished in accordance with
approved procedures. Completion of the sounding cycle and the beginning
of the notification message marks the end of the about 15 minute, but
not more than 20, time period. FEMA will time this period in order to
support a judgment as to whether the performance achieved the desired
result. The information transmitted should be accurate and in
accordance with current FEMA guidance.
All activities associated with the response to a fast-breaking
event must be based on the ORO's plans and procedures and completed as
they would be in an actual emergency, unless noted above or otherwise
noted above or indicated in the extent of play agreement.
V. Frequency of Evaluation
FEMA will evaluate the initial demonstration of the process, using
Evaluation Criterion 5.a.2, at every nuclear power plant site over the
two years following final publication of this Criterion in the Federal
Register. FEMA will assess a Deficiency if the applicable timeframes in
the Criterion are not met. FEMA will then evaluate the ORO's capability
a minimum of once every two years using Evaluation Criterion 5.a.2.
FEMA will assess a Deficiency if the applicable timeframes are not met.
In addition, the ORO should conduct a monthly fast-breaker
communications drill and provide an annual summary in the Annual Letter
of Certification.
Dated: August 12, 2003.
Michael D. Brown,
Under Secretary, Emergency Preparedness and Response.
[FR Doc. 03-21200 Filed 8-18-03; 8:45 am]
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