Public Protective Actions During a General Emergency

Published date31 August 2020
Citation85 FR 53690
Record Number2020-18746
SectionProposed rules
CourtNuclear Regulatory Commission
Federal Register, Volume 85 Issue 169 (Monday, August 31, 2020)
[Federal Register Volume 85, Number 169 (Monday, August 31, 2020)]
                [Proposed Rules]
                [Pages 53690-53691]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-18746]
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                Proposed Rules
                 Federal Register
                ________________________________________________________________________
                This section of the FEDERAL REGISTER contains notices to the public of
                the proposed issuance of rules and regulations. The purpose of these
                notices is to give interested persons an opportunity to participate in
                the rule making prior to the adoption of the final rules.
                ========================================================================
                Federal Register / Vol. 85, No. 169 / Monday, August 31, 2020 /
                Proposed Rules
                [[Page 53690]]
                NUCLEAR REGULATORY COMMISSION
                10 CFR Part 50
                [Docket No. PRM-50-123; NRC-2020-0155]
                Public Protective Actions During a General Emergency
                AGENCY: Nuclear Regulatory Commission.
                ACTION: Petition for rulemaking; notice of docketing and request for
                comment.
                -----------------------------------------------------------------------
                SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has received a
                petition for rulemaking from Thomas McKenna, dated June 1, 2020. The
                petitioner requests that the NRC revise its regulations so that
                protective actions implemented during a General Emergency at a nuclear
                power plant will most likely do more good than harm when the possible
                physical health effects of radiation exposure and protective actions
                are taken into consideration. The petition was docketed by the NRC on
                June 24, 2020, and has been assigned Docket No. PRM-50-123. The NRC is
                examining the issues raised in PRM-50-123 to determine whether they
                should be considered in rulemaking. The NRC is requesting public
                comment on this petition at this time.
                DATES: Submit comments by November 16, 2020. Comments received after
                this date will be considered if it is practical to do so, but the NRC
                is able to assure consideration only for comments received on or before
                this date.
                ADDRESSES: You may submit comments by any of the following methods:
                 Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2020-0155. Address
                questions about NRC dockets to Carol Gallagher; telephone: 301-415-
                3463; email: Carol.Gallagh[email protected]. For technical questions contact
                the individual listed in the FOR FURTHER INFORMATION CONTACT section of
                this document.
                 Email comments to: [email protected]. If you do
                not receive an automatic email reply confirming receipt, then contact
                us at 301-415-1677.
                 Mail comments to: Secretary, U.S. Nuclear Regulatory
                Commission, Washington, DC 20555-0001, ATTN: Rulemakings and
                Adjudications Staff.
                 For additional direction on obtaining information and submitting
                comments, see ``Obtaining Information and Submitting Comments'' in the
                SUPPLEMENTARY INFORMATION section of this document.
                FOR FURTHER INFORMATION CONTACT: Pamela Noto, Office of Nuclear
                Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
                Washington, DC 20555-0001; telephone: 301-415-6795; email:
                [email protected].
                SUPPLEMENTARY INFORMATION:
                I. Obtaining Information and Submitting Comments
                A. Obtaining Information
                 Please refer to Docket ID NRC-2020-0155 when contacting the NRC
                about the availability of information for this action. You may obtain
                publicly-available information related to this action by any of the
                following methods:
                 Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2020-0155.
                 NRC's Agencywide Documents Access and Management System
                (ADAMS): You may obtain publicly-available documents online in the
                ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, 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 [email protected]. The ADAMS accession number for each
                document referenced (if it is available in ADAMS) is provided the first
                time that it is mentioned in the SUPPLEMENTARY INFORMATION section.
                 Attention: The Public Document Room (PDR), where you may
                examine and order copies of public documents is currently closed. You
                may submit your request to the PDR via email at [email protected] or
                call 1-800-397-4209 between 8:00 a.m. and 4:00 p.m. (EST), Monday
                through Friday, except Federal holidays.
                B. Submitting Comments
                 Please include Docket ID NRC-2020-0155 in your comment submission.
                 The NRC cautions you not to include identifying or contact
                information that you do not want to be publicly disclosed in your
                comment submission. The NRC will post all comment submissions at
                https://www.regulations.gov as well as enter the comment submissions
                into ADAMS. The NRC does not routinely edit comment submissions to
                remove identifying or contact information.
                 If you are requesting or aggregating comments from other persons
                for submission to the NRC, then you should inform those persons not to
                include identifying or contact information that they do not want to be
                publicly disclosed in their comment submission. Your request should
                state that the NRC does not routinely edit comment submissions to
                remove such information before making the comment submissions available
                to the public or entering the comment into ADAMS.
                II. The Petitioner
                 The petition for rulemaking (PRM) was filed by Thomas McKenna, who
                stated in his petition that he has worked in emergency preparedness and
                response at both the NRC and the International Atomic Energy Agency and
                is one of the authors of the NRC's 1996 draft guidance on initial
                protective actions in the event of a severe accident. The draft
                guidance, NUREG-0654/FEMA-REP-1, Rev. 1, Supp. 3, ``Criteria for
                Preparation and Evaluation of Radiological Emergency Response Plans and
                Preparedness in Support of Nuclear Power Plants: Criteria for
                Protective Action Recommendations for Severe Accidents,'' dated July
                1996, may be found in ADAMS at Accession No. ML051120480.
                III. The Petition
                 The petitioner requests that the NRC amend part 50 of title 10 of
                the Code of Federal Regulations (10 CFR) such that public protective
                actions implemented during a General Emergency at a nuclear power plant
                will most likely do more good than harm when the possible physical
                health effects of radiation exposure and protective actions are taken
                into consideration. The petition may be found in ADAMS at Accession No.
                ML20176A313.
                [[Page 53691]]
                IV. Discussion of the Petition
                 The petitioner asserts that protective actions taken in accordance
                with NRC guidance during a General Emergency may cause 12 times more
                excess deaths among the public and 15 times more excess deaths among
                elderly residents of care facilities than caused by radiation exposure
                due to the General Emergency. The petitioner states that an objective
                of emergency response plans has been to provide dose savings and that
                the NRC's requirements were not established on a risk-informed basis
                that justifies protective actions will do more good than harm. The
                petitioner states that the NRC requirements are based on analyses that
                are 40 or more years old in some cases and do not reflect the latest
                studies of nuclear power plant emergencies, which project much smaller
                releases and thus result in smaller radiation-induced health
                consequences. The petitioner asks that the NRC carefully reexamine the
                agency's regulations and implementing guidance on protective actions
                during a General Emergency.
                V. Conclusion
                 The NRC has determined that the petition meets the sufficiency
                requirements for docketing a PRM under 10 CFR 2.803, ``Petition for
                rulemaking-NRC action.'' The NRC will examine the issues raised in PRM-
                50-123 and any comments received in response to this comment request to
                determine whether these issues should be considered in rulemaking.
                 Dated: August 21, 2020.
                 For the Nuclear Regulatory Commission.
                Annette L. Vietti-Cook,
                Secretary of the Commission.
                [FR Doc. 2020-18746 Filed 8-28-20; 8:45 am]
                BILLING CODE 7590-01-P
                

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