UNITED STATES 

NUCLEAR REGULATORY COMMISSION 

OFFICE OF NUCLEAR REACTOR REGULATION 

OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS 

OFFICE OF FEDERAL AND STATE MATERIALS 

AND ENVIRONMENTAL MANAGEMENT PROGRAMS 

WASHINGTON, DC 20555-0001

May 25, 2010 

NRC REGULATORY ISSUE SUMMARY 2010-04 

MONITORING THE STATUS OF REGULATED ACTIVITIES 

DURING A PANDEMIC 

ADDRESSEES 

All holders of operating licenses for nuclear power reactors and research and test reactors 

under the provisions of Title 10 of the Code of Federal Regulations (10 CFR) Part 50, “Domestic 

Licensing of Production and Utilization Facilities,” except those that have ceased operations and 

have certified that fuel has been permanently removed from the reactor vessel and have no 

spent fuel stored on-site. 

All U.S. Nuclear Regulatory Commission (NRC) fuel cycle facilities licensed under 10 CFR 

Part 40, “Domestic Licensing of Source Material” or 10 CFR Part 70, “Domestic Licensing of 

Special Nuclear Material” and gaseous diffusion plants certified under 10 CFR Part 76, 

“Certification of Gaseous Diffusion Plants.” 

All holders of site-specific licenses for independent spent fuel storage installations (ISFSIs) 

under the provisions of 10 CFR Part 72, “Licensing Requirements for the Independent Storage 

of Spent Nuclear Fuel, High-level Radioactive Waste, and Reactor-related Greater than Class C 

Waste,” and all holders of 10 CFR Part 50 licenses with ISFSIs under the general license 

provisions of 10 CFR Part 72. 

All NRC materials licensees authorized to possess Category 1 or Category 2 quantities of 

radioactive materials, under the provisions of 10 CFR Parts 30, “Rules of General Applicability 

to Domestic Licensing of Byproduct Material,” 40, and 70. 

INTENT 

The NRC is issuing this regulatory issue summary (RIS) to inform addressees of the NRC’s 

desire for information on the evolving pandemic situations at licensee sites and the impact of a 

pandemic situation on operational decisions and requests for regulatory relief. The NRC 

intends to use this information to align NRC resources to be prepared to address potential 

safety and operational issues at affected licensee sites, and to support decision-making within 

the NRC. The NRC, therefore, is soliciting licensees to voluntarily provide information regarding 

the above. 

ML100539611 
RIS 2010-04 

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The NRC is also sharing this RIS with the Agreement States via a separate communication and 

is encouraging the Agreement States to share it with their licensees. 

BACKGROUND INFORMATION 

The NRC’s overarching mission is to license and regulate the nation’s civilian use of byproduct, 

source, and special nuclear materials to ensure adequate protection of public health and safety, 

promote the common defense and security, and protect the environment. 

Across the spectrum of government operations, there has been a concerted effort to prepare for 

and respond to pandemic outbreaks, including the H1N1 influenza virus. All government 

agencies have or are preparing pandemic plans to ensure the operation of the government 

during a pandemic. Part of this preparation and planning is an effort by the federal government 

to ensure the U.S. infrastructure is maintained to the fullest extent possible. 

The Homeland Security Council, in the National Framework for 2009-H1N1 Influenza 

Preparedness and Response, described surveillance as the first of the pillars of preparedness 

and further defined the term to mean “enhanced efforts to achieve timely and accurate 

situational awareness of evolving disease and the impact on critical sectors to inform policy and 

operational decisions.” Under that definition, the NRC is in a “situational awareness” mode 

whenever there is a threat of a pandemic, because: (1) of the agency’s need to be ready to 

respond quickly to any emergency that could threaten the agency’s mission or the nuclear 

activities that it regulates, and (2) impacts to the electric grid may have an impact on plant 

safety. 

SUMMARY OF ISSUES 

The NRC is interested in maintaining situational awareness of licensees’ ability to cope with the 

challenges associated with a pandemic. This information will serve two functions: 

1. The NRC must be prepared to respond quickly if a safety or security event develops. 

2. The NRC is obligated to keep its stakeholders informed. 

 

Information of Interest

During a pandemic, the NRC is interested in maintaining situational awareness of the status of 

its regulated activities and requests that licensees voluntarily inform the staff of any potential 

impacts on those activities. Accordingly, answers to the following two questions should be 

considered during routine business contacts with NRC staff (e.g., during routine 

communications with the NRC licensing project manager or resident inspector or during 

inspections conducted by the NRC), or as licensees desire to report information: 
RIS 2010-04 

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1. Does the licensee anticipate operational challenges at the facility or in the conduct of 

activities in the next 48 hours in the following areas as a result of the pandemic? 

a. safety 

b. security 

c. safeguards 

d. emergency preparedness 

2. Does the licensee anticipate the need to request regulatory action as a result of the 

pandemic in the next 48 hours? 

Responses to these questions will be voluntary. If either question results in a “yes” answer, the 

NRC expects the licensee to provide additional information specific to the needs of the licensee, 

as soon as possible. In such cases, the appropriate NRC staff will follow-up with the licensee. 

Please note this RIS does not eliminate the need for licensees to meet the reporting 

requirements contained in applicable regulations. Further, there are no information collection 

expectations other than information that is typically exchanged through routine business 

activities or is already required by NRC regulations. The information provided will enable the 

NRC to effectively respond to licensees with potential challenges. 

As discussed above, materials licensees can provide this information during routine 

communications with the NRC. In addition, the NRC will provide a separate communication to 

materials licensees identifying the appropriate means to submit the information on potential 

pandemic impacts. 

NRC recognizes that during a pandemic, licensees’ resources may be strained. Therefore, 

NRC understands that licensees will provide information to the best of their ability, given the 

circumstances. 

BACKFIT DISCUSSION 

This RIS requests that addressees voluntarily provide information as appropriate to assist the 

NRC staff in managing the impacts of a pandemic on regulated activities. This effort by the 

NRC is a part of the continuing Federal effort in pandemic planning, and it supports situational 

awareness of potential issues at NRC-licensed facilities. 

The staff is not imposing any new positions nor is it imposing any new regulatory requirements 

on licensees. Any information provided by a licensee is strictly voluntary. No action is required 

on the part of any licensee; therefore, this document does not constitute a backfit under 

applicable backfit regulations. Consequently, the staff did not perform a backfit analysis. 

FEDERAL REGISTER NOTIFICATION 

A notice of opportunity for public comment on this RIS was published in the Federal Register on 

December 9, 2009 (74 FR 65165 - 65167), with a 45-day public comment period. Comments 

were received from one industry stakeholder. The NRC staff considered all comments. The 

staff’s evaluation of the comments is publicly available through NRC’s Agencywide Documents 

Access and Management System, under Accession No. ML100321489. 
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CONGRESSIONAL REVIEW ACT 

This RIS is not a rule as designated by the Congressional Review Act (5 U.S.C. §§ 801-808) 

and, therefore, is not subject to the Act.

PAPERWORK REDUCTION ACT STATEMENT 

This RIS does not contain new or amended information collection requirements subject to the 

Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Existing information collection 

requirements were approved by the Office of Management and Budget, control numbers 

3150-0011 and 3150-0012. 

PUBLIC PROTECTION NOTIFICATION 

The NRC may not conduct or sponsor, and a person is not required to respond to, a request for 

information or an information collection requirement unless the requesting document displays a 

current valid Office of Management and Budget control number. 

CONTACTS 

Please direct any questions about this matter to one of the technical contacts listed below. 

/RA/ /RA/ 

 

Vonna L. Ordaz, Director Timothy J. McGinty, Director 

Division of Spent Fuel Storage Division of Policy and Rulemaking 

 and Transportation Office of Nuclear Reactor Regulation 

Office of Nuclear Material Safety 

 and Safeguards 

/RA/ /RA/ 

Daniel H. Dorman, Director Robert J. Lewis, Director 

Division of Fuel Cycle Safety Division of Materials Safety and State 

 and Safeguards Agreements 

Office of Nuclear Material Safety Office of Federal and State Materials and 

 and Safeguards Environmental Management Programs 
RIS 2010-04 

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Technical Contacts – Office of Nuclear Reactor Regulation (NRR)

Andrea Russell, NRR 

(301) 415-8553 

E-mail: andrea.russell@nrc.gov

Thomas Alexion, NRR 

(301) 415-1326 

E-mail: thomas.alexion@nrc.gov

Technical Contacts – Office of Nuclear Material Safety and Safeguards (NMSS)

Steven Ward, NMSS 

(301) 492-3426 

E-mail: steven.ward@nrc.gov 

Kevin Witt, NMSS 

(301) 492-3323 

E-mail: kevin.witt@nrc.gov
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Tehnical Material Contacts – Office of Federal and State Materials and Environmental

Management Programs (FSME) and the Regions

Duncan White, FSME 

(301) 415-2598 

E-mail: duncan.white@nrc.gov

John Kinneman, Region I 

(610) 337-5274 

E-mail: john.kinneman@nrc.gov

Steven Reynolds, Region III 

(630) 829-9800 

E-mail: steven.reynolds@nrc.gov

Art Howell, Region IV 

(817) 860-8106 

E-mail: art.howell@nrc.gov
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Tehnical Material Contacts – Office of Federal and State Materials and Environmental 

Management Programs (FSME) and the Regions

Duncan White, FSME 

(301) 415-2598 

E-mail: duncan.white@nrc.gov

John Kinneman, Region I 

(610) 337-5274 

E-mail: john.kinneman@nrc.gov

Steven Reynolds, Region III 

(630) 829-9800 

E-mail: steven.reynolds@nrc.gov

Art Howell, Region IV 

(817) 860-8106 

E-mail: art.howell@nrc.gov

Adams Accession No. ML100539611 TAC ME2242 

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TDonnell for 

JGiitter 

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OFFICIAL RECORD COPY