Protecting People and the EnvironmentUNITED STATES NUCLEAR REGULATORY COMMISSION
SSINS No: 6835
IN 84-05, Rev. 1
UNITED STATES
NUCLEAR REGULATORY COMMISSION
OFFICE OF INSPECTION AND ENFORCEMENT
WASHINGTON, D.C. 20555
March 28, 1984
Information Notice No. 84-05; REVISION 1: EXERCISE FREQUENCY
Addressees:
All nuclear power reactor facilities holding an operating license (OL) or
construction permit (CP).
Purpose:
This information notice is provided to bring to the attention of licensees
certain requirements contained in the final rule (44 CFR 350) published by
the Federal Emergency Management Agency (FEMA). Revision 1 identifies the
lead time needed by NRC to review and process any exemption requested by
licensees regarding the lack of participation by State and local governments
in annual emergency preparedness exercises. It is expected that recipients
will review the information for applicability to their facilities. No
written response is required.
Description of Circumstances:
On September 28, 1983, FEMA published in the Federal Register (48 FR 44332)
their final rule 44 CFR 350, "Review and Approval of State and Local
Radiological Emergency Plans and Preparedness." This rule (1) establishes
policy, procedures and criteria for the review and approval by FEMA of State
and local emergency plans and preparedness for coping with the offsite
effects of radiological emergencies which may occur at commercial nuclear
power facilities; and (2) changes the exercise frequency for State and local
governments to a biennial requirement [see 44 CFR 350.9(c) (1)-(4)] and
introduces the concept of remedial exercises [Part 350.9(c)(5)]. This rule
became effective October 28, 1983.
The NRC published in the Federal Register on July 21, 1983 (48 FR 33307), a
proposed amendment to its regulations [10 CFR 50, Appendix E, Part IV.F.1.a]
to provide flexibility for exercise participants in regard to the required
frequency and extent of participation in emergency preparedness exercises.
The proposed regulation would retain the presently required annual full
participation exercise with the proviso that if all major elements in the
emergency plan are performed in a satisfactory manner during the annual
exercise, a finding may be made that another full participation exercise
with State and local governments would not be required for a period of up to
two years. The comment period for the NRC proposed rule expired September
19, 1983.
8402090047
.
IN 84-05 Rev. 1
March 28, 1984
Page 2 of 2
The NRC staff is currently reviewing the comments received on the proposed
rule including FEMA's action on the exercise frequency for State and local
governments with the intent of making a recommendation to the Commission in
the near future. In recognition of the respective responsibilities for
emergency preparedness, the NRC and FEMA staffs are coordinating to achieve
compatible language for their respective regulations.
The Commission recognizes that State and local governments may be planning
for the transition from annual to biennial frequency under the FEMA rule [44
CFR 350.9(c)(1) - (4)]. The Commission will act expeditiously to complete
its rulemaking proceeding and to resolve any inconsistencies with the FEMA
rule that may result. In the interim, until the proposed amendment to the
NRC's regulation has been revised (incorporating the appropriate public
comments), considered by the Commission and issued in final form, licensees
should continue to follow the current exercise frequency requirement as
stated in the NRC regulations (Section IV. F.l of Appendix E to 10 CFR Part
50). Until completion of the current NRC rulemaking proceeding, NRC
licensees may only conform with the FEMA rule by specific request for
exemption from the NRC requirement. To facilitate NRC review, any such
exemption request should be submitted no less than 60 days prior to the date
of the licensee's annual exercise.
No written response to this information notice is required. If you need
additional information regarding this matter, please contact the Regional
Administrator of the appropriate NRC Regional Office, or this Office.
Edward L. Jordan, Director
Division of Emergency Preparedness
and Engineering Response
Office of Inspection and Enforcement
Technical Contact: David B. Matthews, IE
(301) 492-9647
Attachments:
1. FEMA Rule 44 CFR 350 (In Part), dated 9/28/83
2. NRC Proposed Rule, dated 7/21/83
3. List of Recently Issued IE Information Notices
