Rulemaking Activities for Emergency Preparedness and Response

Background

Past events, including Three Mile Island, the terrorist attacks on September 11th, and those in Fukushima, Japan, have resulted in lessons learned for emergency preparedness (EP) at nuclear power plants.  In response to events that identify areas where nuclear power plant EP can be enhanced, the U.S. Nuclear Regulatory Commission (NRC or the Commission) engages in rulemaking.  Through rulemaking, the NRC develops regulations to strengthen onsite EP, improve offsite response, and provide for better coordination among State, local, Tribal, and Federal officials in the event of an emergency.

Completed Rulemaking Activity

The NRC has amended certain EP requirements in its regulations that govern domestic licensing of production and utilization facilities. The 2011 EP final rule (76 Federal Register 72560) added a conforming provision in the regulations that govern licenses, certifications, and approvals for new nuclear power plants. The final rule codified certain voluntary protective measures contained in NRC Bulletin 2005-02, "Emergency Preparedness and Response Actions for Security-Based Events," and generically applicable requirements similar to those previously imposed by Commission orders. In addition, the final rule amended other licensee emergency plan requirements based on a comprehensive review of the NRC's EP regulations and guidance. The requirements enhance the ability of licensees in preparing to take and taking certain EP and protective measures in the event of a radiological emergency; address, in part, security issues identified after the terrorist events of September 11, 2001; clarify regulations to effect consistent emergency plan implementation among licensees; and modify certain EP requirements to be more effective and efficient.

Promulgation of 10 CFR 50.160 further amends the EP requirements. Existing emergency preparedness regulations and guidance were primarily focused on large light water reactors (LWR) and non-power reactors. In the final rule, the staff developed an alternative EP framework for small modular reactors (SMR) and other new technologies (ONT). The new EP requirements and implementing guidance adopt a consequence-oriented, risk-informed, performance-based, and technology-inclusive approach. The new alternative EP requirements 1) continue to provide reasonable assurance that adequate protective measures can and will be implemented by an SMR or ONT licensee; 2) promote regulatory stability, predictability, and clarity; 3) reduce the need for requests for exemptions from EP requirements; 4) recognize technology advancements embedded in design features; 5) credit safety enhancements in evolutionary and passive systems; and 6) credit the potential benefits of smaller sized reactors and non-LWRs associated with postulated accidents, including slower transient response times and relatively small and slow release of fission products.

• To view the documents associated with the EP Rulemaking, including background information and related guidance documents, go to www.regulations.gov and search for Docket ID NRC-2008-0122.
• FEMA guidance documents and related information can be found under Docket ID FEMA-2008-0022 and Docket ID FEMA-2010-0032.

Current Rulemaking Activities

There is one rulemaking activity currently related to EP. This rulemaking, "Regulatory Improvements for Production and Utilization Facilities Transitioning to Decommissioning,” would amend the NRC’s regulations to provide an appropriate regulatory framework for nuclear power reactors transitioning from operations to decommissioning. The goals of this rulemaking are to maintain a safe, effective, and efficient decommissioning process; reduce the need for license amendment requests and exemptions from existing regulations; address other decommissioning issues deemed relevant by the NRC; and support the NRC’s Principles of Good Regulation, including openness, clarity, and reliability. The rulemaking would address lessons learned from licensees that have completed or are currently in the decommissioning process. The rulemaking also would align regulatory requirements with the reduction in risk that occurs over time, while continuing to maintain safety and security. The scope of this rulemaking would affect production and utilization facilities. Information about this EP-related rulemaking activity can be found under 'Rules'.