Information Notice No. 84-05: Exercise Frequency
SSINS No: 6835 IN 84-05 UNITED STATES NUCLEAR REGULATORY COMMISSION OFFICE OF INSPECTION AND ENFORCEMENT WASHINGTON, D.C. 20555 January 16, 1984 Information Notice No. 84-05: 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). 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. 8312120114 . IN 84-05 January 16, 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.1 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. 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
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Page Last Reviewed/Updated Tuesday, March 09, 2021