[Federal Register Volume 79, Number 85 (Friday, May 2, 2014)]
[Notices]
[Pages 25158-25159]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-10141]


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NUCLEAR REGULATORY COMMISSION

[NRC-2011-0237]


Event Reporting Guidelines

AGENCY: Nuclear Regulatory Commission.

ACTION: Draft NUREG; request for comment.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing for 
public comment a draft NUREG-1022, Revision 3, Supplement 1, ``Event 
Reporting Guidelines: 10 CFR 50.72(b)(3)(xiii).'' In draft NUREG-1022, 
Revision 3, Supplement 1, the NRC proposes to endorse Nuclear Energy 
Institute (NEI) 13-01, ``Reportable Action Levels for Loss of Emergency 
Preparedness Capabilities,'' dated October 2013. NEI 13-01 provides 
specific guidance for reporting to the NRC any event that results in a 
major loss of emergency assessment capability, offsite response 
capability, or offsite communications capability.

DATES: Submit comments by June 2, 2014. Comments received after this 
date will be considered if it is practical to do so, but the Commission 
is able to ensure consideration only for comments received on or before 
this date.

ADDRESSES: You may submit comment by any of the following methods 
(unless this document describes a different method for submitting 
comments on a specific subject):
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2011-0237. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: Carol.Gallagher@nrc.gov. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     Mail comments to: Cindy Bladey, Office of Administration, 
Mail Stop: 3WFN, 06-44M, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001.
    For additional direction on accessing information and submitting 
comments, see ``Accessing Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Christopher Regan, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-2768, email: Christopher.Regan@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Accessing Information and Submitting Comments

A. Accessing Information

    Please refer to Docket ID NRC-2011-0237 when contacting the NRC 
about the availability of information regarding this document. You may 
access publicly-available information related to this action by the 
following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2011-0237.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may access publicly-available documents online in the NRC 
Library at http://www.nrc.gov/reading-rm/adams.html. To begin the 
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's 
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to pdr.resource@nrc.gov. Draft NUREG-1022, Revision 
3, Supplement 1 is available in ADAMS under Accession No. ML14114A384. 
NEI 13-01, dated October 2013, is also available in ADAMS under 
Accession No. ML13281A794.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

II. Background

    NUREG-1022, Revision 3, ``Event Reporting Guidelines: 10 CFR 50.72 
and 50.73,'' (ADAMS Accession No. ML13032A220) contains guidelines that 
the NRC considers acceptable for use in meeting the requirements of 
Sec. Sec.  50.72 and 50.73 of Title 10 of the Code of Federal 
Regulations (10 CFR). The NRC uses the information reported under 10 
CFR 50.72 and 10 CFR 50.73 in

[[Page 25159]]

responding to emergencies, monitoring ongoing events, confirming 
licensing bases, studying potentially generic safety problems, 
assessing trends and patterns of operational experience, monitoring 
performance, identifying precursors of more significant events, and 
providing operational experience to the industry. Sections 1 and 2 of 
NUREG-1022, Revision 3 contain general guidance applicable to all event 
reports. Section 3 of NUREG-1022, Revision 3 contains guidance for each 
of the specific reporting criterion found within the rule. Section 4 of 
NUREG-1022 Revision 3 contains additional general guidance applicable 
to reports submitted under 10 CFR 50.72. Section 5 of NUREG-1022, 
Revision 3 contains additional general guidance applicable to reports 
submitted under 10 CFR 50.73.
    Section 3.2.13 of NUREG-1022, Revision 3 provides guidance for 
reporting to the NRC the events listed under 10 CFR 50.72(b)(3)(xiii): 
any event that results in a major loss of emergency assessment 
capability, offsite response capability, or offsite communications 
capability. Although some of the guidance is specific, much of the 
guidance is general in nature. In many areas, the decision to report 
under 10 CFR 50.72(b)(3)(xiii) involves a licensee's use of engineering 
judgment. A licensee's use of engineering judgment can result in 
inconsistent application. During public meetings conducted on April 3, 
2013 (ADAMS Accession No. ML13100A390), and on May 7, 2013 (ADAMS 
Accession No. ML13109A228), the NRC discussed with external 
stakeholders, including the NEI, what specific considerations might be 
evaluated against when the NRC determines if acceptable engineering 
judgment was applied by a licensee. NEI 13-01, ``Reportable Action 
Levels for Loss of Emergency Preparedness Capabilities,'' (ADAMS 
Accession No. ML13281A794) was then drafted with the purpose of 
providing a detailed uniform approach to reporting under 10 CFR 
50.72(b)(3)(xiii). NEI 13-01 provides specific guidance for reporting 
under 10 CFR 50.72(b)(3)(xiii). By letter dated October 8, 2013 (ADAMS 
Accession No. ML13281A780), NEI requested NRC endorsement of NEI 13-01. 
It should also be noted that some of the specific guidance found in NEI 
13-01, differs from certain specific positions found in Section 3.2.13 
of NUREG-1022, Revision 3.
    In draft NUREG-1022, Revision 3, Supplement 1, ``Event Reporting 
Guidelines: 10 CFR 50.72(b)(3)(xiii)'' (ADAMS Accession No. 
ML14114A384), the NRC proposes to endorse NEI 13-01, ``Reportable 
Action Levels for Loss of Emergency Preparedness Capabilities,'' dated 
October 2013, as an acceptable alternative to guidance found in Section 
3.2.13 of NUREG-1022, Revision 3, for reporting considerations 
associated with 10 CFR 50.72(b)(3)(xiii).
    Since Sections 1, 2, and 4 of NUREG-1022, Revision 3 contain 
general guidance for event reporting that would still be applicable to 
reports submitted under 10 CFR 50.72(b)(3)(xiii), these sections are 
not considered superseded by licensee adoption of NEI 13-01.

III. Backfitting and Issue Finality

    Draft NUREG-1022, Revision 3, Supplement 1, if finalized, would 
provide guidance on the method that the NRC staff finds acceptable for 
a licensee to meet the information and collection requirements of 10 
CFR 50.72(b)(3)(xiii). The issuance of this guidance would not be 
backfitting, as the term is defined in 10 CFR 50.109, or inconsistent 
with the issue finality provisions on 10 CFR part 52, because 
information collection and reporting requirements are not included 
within the scope of the NRC's backfitting protections or part 52 
finality provisions.

    Dated at Rockville, Maryland, this 25th day of April 2014.

    For the Nuclear Regulatory Commission.
Christopher Regan,
Branch Chief, Reactor Inspection Branch, Division of Inspections and 
Regional Support, Office of Nuclear Reactor Regulation.
[FR Doc. 2014-10141 Filed 5-1-14; 8:45 am]
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