[Federal Register: July 31, 2008 (Volume 73, Number 148)]
[Proposed Rules]
[Page 44671-44673]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31jy08-16]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 54
[Docket No. PRM-54-5]
Eric Epstein; Denial of Petition for Rulemaking
AGENCY: Nuclear Regulatory Commission.
ACTION: Petition for rulemaking: Denial.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is denying a
petition for rulemaking submitted by Eric Epstein (PRM-54-5). The
petition requests that the NRC amend its regulations that govern
renewal of operating licenses for nuclear power plants. Specifically,
the petitioner requests that the NRC conduct a comprehensive review of
U.S. nuclear power plant licensees' emergency planning during the
license renewal proceedings. The NRC is denying the petition because
the petition presents issues that the Commission carefully considered
when it first adopted the license renewal rule and denied petitions for
rulemaking submitted by Andrew J. Spano, County Executive, Westchester
County, New York (PRM-54-02), and Mayor Joseph Scarpelli of Brick
Township, New Jersey (PRM-54-03). The Commission's position is that the
NRC's emergency planning system is part of a comprehensive regulatory
process that is intended to provide continuing assurance that emergency
planning for every nuclear plant is adequate. Thus, the Commission has
already extensively considered and addressed the types of issues raised
in the petition. Also, the petition fails to present any significant
new information or arguments that would warrant the requested
amendment.
ADDRESSES: Publicly available documents related to this petition,
including the petition for rulemaking and NRC's letter of denial to the
petitioner may be viewed electronically on public computers in NRC's
Public Document Room (PDR), 01F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland. The PDR reproduction contractor
will copy documents for a fee. Publicly available documents created or
received at NRC after November 1, 1999, are also available
electronically at the NRC's Electronic Reading Room at http://
www.nrc.gov/reading-rm/adams.html. From this site, the public can gain
entry into the NRC's Agencywide Documents Access and Management System
(ADAMS), which provides text and image files of NRC's public documents.
If you do not have access to ADAMS or if there are problems in
accessing the documents located in ADAMS, contact the PDR reference
staff at (800) 387-4209 or (301) 415-4737, or by e-mail to
pdr.resource@nrc.gov.
FOR FURTHER INFORMATION CONTACT: Nina Bafundo, Office of the General
Counsel, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001,
telephone (301) 415-1621 or Toll
[[Page 44672]]
Free: 1-800-368-5642, e-mail Nina.Bafundo@nrc.gov.
SUPPLEMENTARY INFORMATION:
Background
During the 1991 license renewal rulemaking (56 FR 64943; December
13, 1991), the Commission explained that initial license-type reviews
are unnecessary at license renewal because of ongoing NRC inspections,
enforcement, and upgrades: ``since initial licensing, each operating
plant has continually been inspected and reviewed as a result of new
information gained from operating experience.'' (56 FR at 64945). These
ongoing regulatory processes provide reasonable assurance that the
licensing bases of currently operating plants provide and maintain an
adequate level of safety. (60 FR at 22464, 22481-22482; May 8, 1995).
The license renewal rule likewise reflects the NRC's determination that
issues of adequate safety and protection should be addressed when they
arise. See, 60 FR at 22481. The NRC anticipated that safety issues will
inevitably emerge, but concluded that its ongoing regulatory process is
comprehensive and flexible enough to manage safety concerns before the
license renewal process. (71 FR 74848, 74851; December 13, 2006). Also,
in making revisions to the license renewal rule, the Commission
reaffirmed the vitality of its regulatory process. See, 60 FR 22461.
More specifically, the NRC's emergency preparedness regulations in
10 CFR part 50 require licensees to test the adequacy of their
preparedness and ability to respond to emergency situations by the
performance of a full-scale exercise at least once every two years,
with the participation of Government agencies. These exercises are
evaluated by NRC inspectors and FEMA evaluators. In the interval
between these two-year exercises, licensees must conduct additional
drills to ensure that they maintain adequate emergency response
capabilities.
Further, the NRC actively reviews its regulatory framework to
ensure that the regulations are current and effective. The agency began
a major review of its emergency preparedness framework in 2005,
including a comprehensive review of the emergency preparedness
regulations and guidance, the issuance of generic communications
regarding the integration of emergency preparedness and security, and
outreach efforts to interested persons to discuss emergency
preparedness issues. These activities have informed an ongoing
rulemaking effort that will enhance the NRC's emergency preparedness
regulations and guidance. See, Rulemaking Plan for Enhancements to
Emergency Preparedness Regulations and Guidance, (April 17, 2007)
(ML070440148); SRM-SECY-06-0200, Results of the Review of Emergency
Preparedness Regulations and Guidance, (January 8, 2007) (ML070080411);
SECY-06-0200, Results of the Review of Emergency Preparedness
Regulations and Guidance (September 20, 2006) (ML061910707).
The Petition
This petition raises concerns nearly identical to the recent
petitions by Andrew J. Spano, County Executive, Westchester County, New
York (PRM-54-02) and Mayor Joseph Scarpelli of Brick Township, New
Jersey (PRM-54-03), which the Commission denied after public comments.
In the Spano and Scarpelli petitions, the petitioners requested that
the NRC amend its regulations to provide that the agency renew a
license only if the plant operator demonstrates that the plant meets
all criteria and requirements that would apply if it were proposing the
plant de novo for initial construction, including an emergency planning
analysis. Similarly, this petition requests the NRC to make a ``new
finding of `reasonable assurance of adequate protection,' '' like a de
novo review under the initial licensing process.
In the Spano and Scarpelli denials, the NRC addressed issues it had
already considered at length during its license renewal rulemaking.
See, 71 FR 74848, 74851. The Commission explained that ``the
petitioners did not present any new information that would contradict
positions taken by the Commission when the license renewal rule was
established or demonstrate that sufficient reason exists to modify the
current regulations.'' Id. Likewise, this petition does not pose any
new concerns that would undermine the rationale for the current license
renewal process.
For the reasons given by the Commission in the final license
renewal rule (56 FR 64943; December 13, 1991) and again in revisions to
the final rule (60 FR 22461; May 8, 1995), the scope of license renewal
is appropriately limited to those issues which have a specific
relevance to protecting the public health and safety during the license
renewal period--i.e., age-related degradation. Issues relevant to
current plant operations, like emergency planning and nuclear plant
security, fall within the purview of the current regulatory process and
continue into the extended operation period of a license renewal. The
Commission also mandates that each plant-specific licensing basis be
maintained during the renewal term in the same manner and to the same
extent as during the original licensing term, thereby ensuring the
protection of public health and safety and the preservation of common
defense and security.
The Commission has affirmed repeatedly that ``emergency
preparedness need not be reviewed again for license renewal.'' 71 FR at
74852 (referencing 56 FR at 64966). The Commission stated that
``[t]hrough its standards and required exercises, the Commission
ensures that existing plans are adequate throughout the life of any
plant even in the face of changing demographics and other site-related
factors.'' 71 FR at 78452 (quoting 56 FR at 64966). This basic
determination is reflected in the NRC's regulations at 10 CFR 50.47(a)
on emergency planning requirements, in which a new finding on emergency
planning issues is not required for license renewal. Further, all of
the emergency planning regulations in 10 CFR 50.47, 50.54(q), 50.54(s)-
(u), and Appendix E are independent of the license renewal process, and
continue to apply during the extended operation term.
For these reasons, the Commission denies PRM-54-5.
Following its review of this Notice, the Commission directed that
the Notice include the following comments of Commissioner Jaczko:
I disagree with the decision to deny this petition for
rulemaking. Instead, I believe the review of a license renewal
application authorizing, if granted, an additional twenty-years of
operation, provides the opportune time at which the agency should
re-evaluate emergency preparedness issues. Currently, the only time
the NRC issues a comprehensive affirmative finding that both onsite
and offsite emergency plans are in place around a nuclear power
plant, and that they can be implemented, is at the time it grants an
initial operating license. Although there are regular assessments of
these plans through exercises and reviews, we do not periodically
reassess that initial reasonable assurance of adequate protection of
the public--even if it was made decades ago--unless and until we
find a serious deficiency in a biennial exercise. I believe
considering emergency preparedness during the license renewal
process would provide an opportunity to improve public confidence in
the licensees and in all levels of government.
The Commission had additional views on the petition:
The Commission majority does not share Commissioner Jaczko's
dissenting view. As stated in each of our votes on this matter, and
in support of the Commission's responsibility to oversee the safety
and security of operating
[[Page 44673]]
reactors, we continue to support the view that issues of relevance
to both current plant operation and operation during the license
renewal period must be addressed as they arise within the present
license term rather than at the time of renewal. Emergency planning
is such an issue. Through its standards and required exercises, the
Commission ensures that existing emergency plans are adequate
throughout the life of any plant, even in the face of changing
demographics and other site-related factors. The emergency
preparedness regulations in 10 CFR part 50 require licensees to test
the adequacy of their preparedness and ability to respond to
emergency situations through the performance of a full-scale
exercise at least once every two years. These drills and independent
evaluations provide a process to ensure continued adequacy of
emergency preparedness in light of changes in site characteristics.
Consequently, consistent with the Commission's policy to confine the
review of issues during license renewal to those uniquely relevant
to protecting the public health and safety and common defense and
security during the renewal period, we find no lost opportunity here
and see no necessity for a review of emergency planning as part of
the license renewal process.
Dated at Rockville, Maryland, this 25th day of July 2008.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. E8-17544 Filed 7-30-08; 8:45 am]
BILLING CODE 7590-01-P