SECRE

REG&% UNITED STATES

NUCLEAR REGULATORY COMMISSION

0 WASHINGTON, D.C. 20555-0001

0

September 16, 2014

ETARY COMMISSION VOTING RECORD

DECISION ITEM: SECY-14-0038

TITLE: PERFORMANCE-BASED FRAMEWORK FOR NUCLEAR

POWER PLANT EMERGENCY PREPAREDNESS

OVERSIGHT

The Commission (with all Commissioners agreeing) approved the subject paper as recorded in

the Staff Requirements Memorandum (SRM) of September 16, 2014.

This Record contains a summary of voting on this matter together with the individual vote

sheets, views and comments of the Commission.

Annette L. \6tiCook

Secretary of the Commission

Attachments:

1. Voting Summary

2. Commissioner Vote Sheets

cc: Chairman Macfarlane

Commissioner Svinicki

Commissioner Ostendorff

OGC

EDO

PDR
VOTING SUMMARY - SECY-14-0038

RECORDED VOTES

NOT

APRVD DISAPRVD ABSTAIN PARTICIP COMMENTS DATE

CHRM. MACFARLANE X X 5/12/14

COMR. SVINICKI X X 9/9/14

COMR. OSTENDORFF X X 4/25/14
NOTATION VOTE

RESPONSE SHEET

TO: Annette Vietti-Cook, Secretary

FROM: Chairman Macfarlane

SUBJECT: SECY-14-0038 - PERFORMANCE-BASED

FRAMEWORK FOR NUCLEAR POWER PLANT

EMERGENCY PREPAREDNESS OVERSIGHT

Approved X Disapproved Abstain

Not Participating _

COMMENTS: Below Attached X None

SIGNA11J1E

I

DATE

Entered on "STARS" Yes X No
Comments accompanying Chairman Macfarlane's vote on

SECY-14-0038 - PERFORMANCE-BASED FRAMEWORK FOR NUCLEAR POWER

PLANT EMERGENCY PREPAREDNESS OVERSIGHT

I approve Option 2, in which the staff recommends not pursuing rulemaking at this time, but

instead continuing to apply lessons learned to the current emergency preparedness regulatory

framework.

As addressed in the SECY, over the last decade, the staff has undertaken significant analysis

on the state of the emergency preparedness regime. This work, accompanied by coordination

with U.S. interagency partners, emergency response organizations, and other interested parties,

has led to significant improvements in the requirements and guidance promulgated by the NRC.

I agree with the staff that the NRC's existing emergency preparedness program provides

reasonable assurance of protection of public health and safety. For this reason and in light of

limited resources and more significant agency priorities, I concur with the staff that rulemaking is

not the best course of action now.

However, I am mindful that our business is not static. The staff should be vigilant in continuing

to assess the NRC's emergency preparedness program and should not rule out the possibility of

moving to a performance-based framework in the future. I also note the staff's brief discussion

of the potential benefit of a performance-based emergency preparedness regimen for small

modular reactors, and direct that the staff should return to the Commission if it finds that

conditions warrant rulemaking.

AllisW . Macfarlane Date
NOTATION VOTE

RESPONSE SHEET

TO: Annette Vietti-Cook, Secretary

FROM: COMMISSIONER SVINICKI

SUBJECT: SECY-14-0038 - PERFORMANCE-BASED

FRAMEWORK FOR NUCLEAR POWER PLANT

EMERGENCY PREPAREDNESS OVERSIGHT

Approved XX Disapproved Abstain

Not Participating

COMMENTS: Below XX Attached None

I approve the staff's recommended Option 2, under which a rulemaking would not be initiated at

this time but rather, the staff will continue to use insights to enhance the existing emergency

preparedness (EP) framework. The staff has acknowledged, and I agree, that a systematic

review and revision of EP requirements to employ a more performance-based oversight

regimen has the potential to enhance many aspects of emergency response and oversight -

indeed, the limited studies done so far have proven this concept while yielding noteworthy

insights; however, existing programs provide reasonable assurance of adequate protection of

public health and safety. In light of this; the many other activities already underway related to

EP; and the input received from FEMA, offsite respon'se organizations, and other stakeholders

that was critical of further concurrent regulatory change being initiated at this time, I agree with

the staff's assessment that initiating rulemaking now is contraindicated.

19F'GNA7¶URE

09/ 9 /14

DATE I

Entered on "STARS" Yes __INo
TO:

FROM:

SUBJECT:

NOTATION VOTE

RESPONSE SHEET

Annette Vietti-Cook, Secretary

COMMISSIONER OSTENDORFF

SECY-14-0038 - PERFORMANCE-BASED

FRAMEWORK FOR NUCLEAR POWER PLANT

EMERGENCY PREPAREDNESS OVERSIGHT

Approved XX Disapp

Not Participating _

COMMENTS: Below

iroved Abstain

Attached XX None

SIGNATURE

DATE

Entered on "STARS" Yes X No
Commissioner Ostendorff's Comments on SECY-14-0038,

"Performance-Based Framework for Nuclear Power Plant Emergency Preparedness

Oversight"

I approve the staff's recommendation to not conduct any further systematic exploration of

revised Emergency Preparedness (EP) oversight.

In 2011, the EP rule was revised to incorporate post-9/1 1 orders, and enhancements identified

through comprehensive review of the NRC's EP regulations and guidance. In addition, following

the Fukushima accident, a number of EP enhancements were identified as lessons learned.

These enhancements are being implemented and will be included in a rulemaking scheduled to

commence in 2016.

No weaknesses in the current framework have been identified. As such, the resources required

to develop a new framework are not justified in light of other higher priorities, such as the postFukushima enhancements.