Information Notice No. 85-41: Scheduling of Pre-Licensing Emergency Preparedness Exercises

                                                         SSINS NO.: 6835  
                                                          IN 85-41         

                               UNITED STATES 
                       NUCLEAR REGULATORY COMMISSION 
                    OFFICE OF INSPECTION AND ENFORCEMENT 
                           WASHINGTON, D.C. 20555 

                                May 24, 1989 

Information Notice No. 85-41:   SCHEDULING OF PRE-LICENSING EMERGENCY 
                                   PREPAREDNESS EXERCISES 

Addressees: 

All nuclear power reactor facilities holding a construction permit (CP). 

Purpose: 

This notice is to alert applicants of a rule change and the necessity to 
schedule a full participation exercise to minimize unnecessary licensing 
delays. It is expected that addressees will review the information provided 
for applicability to their program. Suggestions contained in this notice do 
not constitute NRC requirements; therefore, no specific action or written 
response is required. 

Description of Circumstances: 

The United States Court of Appeals for the D.C. Circuit in UCS v. NRC, 735 
F. 2d 1437 vacated the 1982 amendment to the NRC's regulations which stated 
that emergency preparedness exercises were part of the operational 
inspection process and not part of any operating license hearing. Therefore, 
on May 8, 1985, the Commission published in the Federal (50 FR 19323) 
(Attachment 1) a revised rule, effective that date, that permits litigation 
of the results of pre-licensing emergency preparedness exercises before the 
Licensing Board. Applicants should consider scheduling full participation 
exercises sufficiently far in advance of the anticipated licensing date to 
minimize unnecessary licensing delays. Applicants are also reminded of the 
necessity of coordinating the scheduling of such exercises with FEMA and 
with state and local governments. 





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                                                             IN 85-41      
                                                             May 24, 1985  
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No specific action or written response is required by this information 
notice. 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:  Edward M. Podolak, IE 
                    (301) 492-7290 

Attachments: 
1.   Federal Notice 50 FR 19323 
2.   List of Issued IE Information Notices