§ 50.160 Emergency preparedness for small modular reactors, non-light-water reactors, and non-power production or utilization facilities. ( a ) *Definitions.* For the purpose of this section: ( 1 ) *Site boundary* means site boundary as defined in § 20.1003 of this chapter.
( 2 ) [Reserved]
( b ) *Requirements.* The emergency plan shall contain information needed to demonstrate compliance with the elements set forth in this paragraph. The applicable requirements of § 50.47(a)(1) apply to applications submitted under this section. ( 1 ) *Performance-based framework.* Demonstrate effective response in drills and exercises for emergency and accident conditions. ( i ) *Maintenance of performance.* Maintain in effect preparedness to respond to emergency and accident conditions and describe in an emergency plan the provisions to be employed to maintain preparedness.
( ii ) *Performance objectives.* ( A ) By the beginning of each calendar quarter, develop and maintain a complete list of performance objectives for that calendar quarter; and
( B ) Maintain records showing the implemented performance objectives and associated metrics during each calendar quarter for the previous eight calendar quarters.
( iii ) *Emergency response performance.* The emergency response team must have sufficient capability to demonstrate the following emergency response functions using drills or exercises: ( A ) *Event classification and mitigation.* Assess, classify, monitor, and repair facility malfunctions in accordance with the emergency plan to return the facility to safe conditions.
( B ) *Protective actions.* Implement and maintain protective actions for onsite personnel for emergency conditions, and recommend protective actions to offsite authorities as conditions warrant.
( C ) *Communications.* Establish and maintain effective communications with the emergency response organization, and make notifications to response personnel and organizations who may have responsibilities for responding during emergencies.
( D ) *Command and control.* Establish and maintain effective command and control for emergencies by using a supporting organizational structure with defined roles, responsibilities, and authorities for directing and performing emergency response functions as described in paragraph (b) of this section.
( E ) *Staffing and operations.* Establish staffing for the facility necessary to implement the roles and responsibilities in paragraph (b)(1)(iii) of this section.
( F ) *Radiological assessment.* Assess radiological conditions in and around the facility during emergencies, including: ( 1 ) *Radiological conditions.* Assess, monitor, and report radiological conditions to the applicable response personnel using installed or portable equipment.
( 2 ) *Protective equipment.* Issue and use protective equipment necessary to continue and expand mitigation and protective action strategies.
( 3 ) *Core or vessel damage.* Assess, monitor, and report to the applicable response personnel the extent and magnitude of damage to the core or other vessel containing irradiated special nuclear material, such as fuel or targets, as applicable.
( 4 ) *Releases.* Assess, monitor, and report to the applicable response personnel the extent and magnitude of all radiological releases, including releases of hazardous chemicals produced from licensed material.
( G ) *Reentry.* Develop and implement reentry plans for accessing the facility after emergencies.
( H ) *Critique and corrective actions.* Critique emergency response functions and implement corrective actions after drills and exercises, and after emergencies, if they occur.
( iv ) *Planning activities.* ( A ) Maintain the capability to: ( 1 ) Prepare and issue public information during emergencies.
( 2 ) Implement the NRC-approved emergency response plan in conjunction with the licensee's Safeguards Contingency Plan.
( 3 ) Establish voice and data communications with the NRC for emergencies.
( 4 ) Establish an emergency facility or facilities from which effective direction can be given and effective control can be exercised during an emergency, with capabilities to support the emergency response functions as described in paragraph (b)(1)(iii) of this section.
( 5 ) Provide site familiarization training for any offsite organization that may respond to the site in the event of an emergency.
( 6 ) Establish methods for maintaining the emergency plan, contacts and arrangements, procedures, and evacuation time estimate up to date, including periodic reviews by the onsite and offsite organizations.
( B ) For a plume exposure pathway EPZ that extends beyond the site boundary, the emergency plan must describe: ( 1 ) The contacts and arrangements made and documented with Federal, State, local, and Tribal governmental agencies, as applicable, with responsibilities for coping with emergencies, including the identification of the principal coordinating agencies, and the coordinated reviews of changes in offsite and onsite planning and preparation;
( 2 ) Offsite organizations responsible for coping with emergencies and the means of notifying, in the event of an emergency, persons assigned to the emergency organizations, including the means of validating notifications, the time period by which notifications must be completed, and primary and secondary methods to complete notification;
( 3 ) The protective measures to be taken within the EPZ to protect the health and safety of the public in the event of an emergency, including the procedures by which the protective measures are implemented, maintained, and discontinued;
( 4 ) An evacuation time estimate of the areas within the EPZ;
( 5 ) The offsite facility and any backup facilities to coordinate the onsite response with the offsite response;
( 6 ) The means of making offsite dose projections and the means of communicating the offsite dose projections to the offsite response coordinating agencies;
( 7 ) The means by which public information is provided to the members of the public concerning emergency planning information, public alert notification system, and any prompt actions that need to be taken by the public;
( 8 ) The general plans and methods to allow reentry into the EPZ during and after an emergency; and
( 9 ) The drill and exercise program that tests and implements major portions of planning, preparations, and the coordinated response by the onsite response organization with the offsite response organizations within the EPZ without mandatory public participation.
( 2 ) *Hazard analysis.* Conduct a hazard analysis of any contiguous or nearby facility, such as industrial, military, and transportation facilities, and include any credible hazard into the licensee's emergency preparedness program that would adversely impact the implementation of emergency plans.
( 3 ) *Emergency planning zone.* For an applicant whose analysis required by § 50.33(g)(2) meets the criteria in § 50.33(g)(2)(i), determine and describe the boundary and physical characteristics of the EPZ in the emergency plan.
( 4 ) *Ingestion response planning.* Describe or reference in the emergency plan the capabilities that provide actions to prevent contaminated food and water from entering into the ingestion pathway.
( c ) *Implementation.* ( 1 ) An applicant for an operating license issued under this part after December 18, 2023 must establish, implement, and maintain an emergency preparedness program that meets the requirements of paragraph (b) of this section, as described in the emergency plan and license, and conduct an initial exercise to demonstrate this compliance within 2 years before the issuance of an operating license for the facility described in the license application.
( 2 ) A holder of a combined license issued under part 52 of this chapter before the Commission has made the finding under § 52.103(g) of this chapter, must establish, implement, and maintain an emergency preparedness program that meets the requirements of paragraph (b) of this section, as described in the approved emergency plan and license, and conduct an initial exercise to demonstrate this compliance within 2 years before the scheduled date for initial loading of fuel.
[88 FR 80076, Nov. 16, 2023]