[Federal Register Volume 64, Number 15 (Monday, January 25, 1999)]
[Proposed Rules]
[Pages 3791-3793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1594]
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NUCLEAR REGULATORY COMMISSION
10 CFR Parts 50 and 70
[Docket No. PRM-50-67]
Nuclear Information and Resource Service; Receipt of Petition for
Rulemaking
AGENCY: Nuclear Regulatory Commission.
[[Page 3792]]
ACTION: Petition for rulemaking; Notice of receipt.
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SUMMARY: The Nuclear Regulatory Commission (NRC) has received and
requests public comment on a petition for rulemaking filed by the
Nuclear Information and Resource Service. The petition has been
docketed by the Commission and has been assigned Docket No. PRM-50-67.
The petitioner requests that the NRC amend its regulations to require
that nuclear facilities ensure the availability of electricity to power
atomic reactor and other nuclear facility safety systems in the event
of a date-sensitive, computer-related incident resulting from a Year
2000 issue (Y2K). The petitioner requests that the NRC take this action
to ensure that reliable back-up sources of power are available in the
event of a Y2K incident.
DATES: Submit comments by February 24, 1999. Comments received after
this date will be considered if it is practical to do so, but assurance
of consideration cannot be given except as to comments received on or
before this date.
ADDRESSES: Submit comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555. Attention: Rulemakings and
Adjudications Staff.
Deliver comments to 11555 Rockville Pike, Rockville, Maryland,
between 7:30 am and 4:15 pm on Federal workdays.
For a copy of the petition, write: Chief, Rules and Directives
Branch, Division of Administrative Services, Office of Administration,
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
You may also provide comments via the NRC's interactive rulemaking
website through the NRC home page (http://www.nrc.gov). This site
provides the capability to upload comments as files (any format), if
your web browser supports that function. For information about the
interactive rulemaking website, contact Ms. Carol Gallagher, (301) 415-
5905 (e-mail: [email protected]).
FOR FURTHER INFORMATION CONTACT: David L. Meyer, Office of
Administration, U.S. Nuclear Regulatory Commission, Washington, DC
20555. Telephone: 301-415-7162 or Toll-Free: 1-800-368-5642 or E-mail:
[email protected].
SUPPLEMENTARY INFORMATION:
Background
The Nuclear Regulatory Commission received three related petitions
for rulemaking, each dated December 10, 1998, submitted by the Nuclear
Information Resource Service concerning various aspects of Y2K issues
and nuclear safety. This petition requests that the NRC amend its
regulations to provide reliable back-up sources of power for nuclear
facilities. The two related petitions would require that nuclear power
plant and major fuel cycle facilities be shutdown if they are not
compliant with Y2K issues (PRM-50-65) and require that nuclear
facilities develop and implement adequate contingency and emergency
plans to address potential system failures (PRM-50-66).
Because of the nature of these petitions and the date-specific
issues they address, the petitioner requests that the petitions be
filed expeditiously and that public comment on the actions be limited
to 30 days.
The Petitioner's Suggested Amendment
The petitioner requests that the NRC adopt the following text as a
rule:
The Nuclear Regulatory Commission recognizes that date-sensitive
computer programs, embedded chips, and other electronic systems that
perform a major role in distributing, allocating, and ensuring
electric power throughout the United States may be prone to failure
beginning on January 1, 2000. Loss of all alternating current
electricity from both the offsite power grid and onsite emergency
generators (commonly known as ``station blackout,'') long has been
identified by the NRC as among the most prominent contributors to
risk for atomic reactors.
(1) For these reasons, the NRC requires of Part 50 and 70
licensees as of December 1, 1999: (a) that all emergency diesel
generators that provide back-up power to nuclear licensees must be
operational and remain operational; (b) that licensees that cannot
demonstrate full operational capabilities of all emergency diesel
generators must close until such time that full operational
capabilities of emergency diesel generators are attained; (c) that
all licensees must have a 60-day supply of fuel for emergency diesel
generators.
(2) Further, to ensure adequate protection of public health and
safety, the NRC requires that all licensees under these sections
must provide alternate means of back-up power sufficient to ensure
safety. These may include, but are not limited to: solar power
panels, wind turbines, hydroelectric power, biomass power, and other
means of generating electricity. These additional back-up systems
must provide electricity directly to the licensee rather than to the
broader electrical grid.
(3) Irradiated fuel pools are to be immediately classified as
Class 1-E; back-up power systems must be sufficient to provide
cooling for such pools.
Licensees which cannot demonstrate compliance with sections (1)
and (2) must cease operations as of December 1, 1999, until
compliance with these sections is attained.
Discussion
The petitioner acknowledges that the NRC has recognized the
potential safety and environmental problems that could result if date-
sensitive electronic systems fail to operate or provide false
information. The petitioner also notes that NRC has required its
reactor and major fuel cycle facilities to report on their programs to
ensure compliance with Y2K issues by July 1, 1999.
The petitioner is addressing a related problem concerning the
availability of electricity to power atomic reactor and other safety
systems. Electricity is required to operate atomic reactor safety and
cooling systems. This electricity is provided by offsite sources,
referred to by the petitioner as the overall electrical grid. The
petitioner states that the NRC has long recognized that the loss of all
alternating current from both onsite and offsite systems, known
generally as ``station blackout'', is the most important contributor to
risk at most atomic reactors. The petitioner notes that the NRC has
required licensees to have back-up sources of onsite emergency power,
normally multiple emergency diesel generators, capable of supplying the
electricity necessary to operate essential safety systems.
The petitioner asserts that the emergency diesel generators used at
atomic reactors have proven unreliable and are often out of service.
The petitioner asserts that the unprecedented condition posed by the
Y2K problem, coupled with the demonstrated and ongoing failures of
emergency diesel generators, constitutes reasonable doubt that
emergency fuel generators can be relied on. Therefore, the petitioner
believes that the NRC should require all emergency diesel generators be
operational, have a 60-day supply of fuel as of December 1, 1999, and
that licensed facilities that cannot meet these requirements be closed.
The petitioner discusses the likelihood and potential consequences
of a failure of all or a portion of the electric power grid in the
United States. The petitioner recognizes that the failure of all or a
portion of the electrical grid due to Y2K issues is well beyond the
scope of NRC's authority. However, the petitioner states that the
extended failure of all or a portion of the electrical grid would place
severe stress on the current emergency diesel generator system of back-
up power supply and that the failure of emergency diesel generators at
one or more reactor sites could result in extended station blackouts
and nuclear catastrophes. The petitioner asserts that this possibility
is well within the range of probabilities for
[[Page 3793]]
which the NRC routinely requires action by its licensees. The
petitioner further asserts that reliance on unreliable emergency diesel
generators is insufficient under these conditions.
Therefore, the petitioner believes it is essential that the NRC
take the type of regulatory action suggested in this petition on an
expedited basis.
Dated at Rockville, Maryland, this 15th day of January, 1999.
For the Nuclear Regulatory Commission.
Annette Vietti-Cook,
Secretary of the Commission.
[FR Doc. 99-1594 Filed 1-22-99; 8:45 am]
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