10 CFR Part 50 Section 29 Final SS

Section 29

FINAL SUPPORTING STATEMENT FOR

EMERGENCY RESPONSE DATA SYSTEM

10 CFR 50.72(a)(ii)(4) and 10 CFR 50 Appendix E.VI

DESCRIPTION OF THE INFORMATION COLLECTION

Each nuclear power reactor licensee is required to establish and maintain an Emergency Response Data System (ERDS) for all operating nuclear power reactor facilities except for exempt plants or those that are permanently or indefinitely shut down.

A. JUSTIFICATION

1. Need for and Practical Utility of the Collection of Information

The Emergency Response Data System (ERDS) is a direct electronic data link between operating reactor computer data systems and the NRC Operations Center (NRCOC) used during the declaration of an alert or higher emergency classification. The ERDS supplements the voice transmission of information over the currently installed Emergency Notification System (ENS) and is activated by a licensee when an alert or higher emergency occurs at a licensed nuclear power facility. ERDS provides NRC with a reliable and effective communication system that allows the NRC to monitor critical parameters during an emergency at operating power reactors.

10 CFR 50.72(a)(ii)(4) requires the licensee to activate the ERDS as soon as possible but not later than one hour after declaring an emergency class of alert, site area emergency, or general emergency.

10 CFR 50 Appendix E.VI, Emergency Planning and Preparedness for Production and Utilization Facilities

10 CFR 50 Appendix E.VI.1 requires that licensees test the ERDS periodically to verify system availability and operability. The frequency of ERDS testing is quarterly unless otherwise set by NRC based on demonstrated system performance.

10 CFR 50 Appendix E.VI.2.a requires that computer systems transmit in-plant data points for pressurized water reactors or boiling water reactors if the data points are resident in the in-plant computer.

10 CFR 50 Appendix E.VI.2.b requires the selected parameter sets of data to be transmitted at time intervals of not less than 15 seconds or more than 60 seconds.

10 CFR 50 Appendix E.VI.2.c requires all link control and data transmission be established in a format compatible with the NRC receiving system.

10 CFR 50 Appendix E.VI.3.a requires that any hardware or software changes that affect the transmitted data points identified in the ERDS Data Point Library (site specific data base residing on the ERDS computer) must be reported to the NRC within 30 days after changes are completed.

10 CFR 50 Appendix E.VI.3.b requires that NRC be notified as soon as practicable and at least 30 days prior to any changes to computer hardware or software, with the exception of data point modifications, that could affect the transmission format and the ERDS computer communication protocol.

10 CFR 50 Appendix E.VI.4.a required the licensees to develop and submit an ERDS implementation program plan to the NRC by October 28, 1991.

2. Agency Use of Information

The real-time data that ERDS provides allows the NRC to fulfill its role to monitor plant conditions during an on-site alert or higher emergency at a nuclear power facility. In addition, information concerning any computer system hardware and software changes must be reported to the NRC to ensure system operational compatibility.

3. Reduction of Burden through Information Technology

There are no legal obstacles to reducing the burden associated with this information collection. The NRC encourages respondents to use information technology when it would be beneficial to them. NRC issued a regulation on October 10, 2003 (68 FR 58791), consistent with the Government Paperwork Elimination Act, which allows its licensees, vendors, applicants, and members of the public the option to make submissions electronically via CD-ROM, e-mail, special Web-based interface or other means. It is estimated that approximately 100% of the potential responses are filed electronically.

4. Efforts to Identify Duplication and Use Similar Information

No sources of similar information are available. There is no duplication of requirements. NRC has in place an ongoing program to examine all information collections with the goal of eliminating all duplication and/or unnecessary information collections.

5. Effort to Reduce Small Business Burden

These requirements do not impact small business. The respondents are nuclear power plant licensees.

6. Consequences to Federal Program or Policy Activities if the Collection is not Conducted or is Conducted Less Frequently

Required reports are collected and evaluated on a continuing basis as events occur. If the information is not collected during an alert or higher emergency, the NRC would have to rely on less accurate and less timely means that could affect the protection of public health and safety. The schedule for collecting the information is the minimum frequency, which will permit NRC to assure that public health and safety are adequately protected.

7. Circumstances which Justify Variation from OMB Guidelines

Contrary to the OMB guidelines in 5 CFR 1320.6(b), these sections of 10 CFR 50 requires that licensees submit reports and transmit real-time data to the NRC.

The requirements of 10 CFR 50.72(a)(ii)(4) provide for electronic real-time transmittal of data to the NRC via ERDS during an alert or higher emergency at a nuclear power facility so that NRC has information needed to fulfill its role for protection of public health and safety.

10 CFR 50 Appendix E.VI.3.a and 10 CFR 50 Appendix E.VI.3.b require a report within 30 days of any hardware or software changes that affect the transmitted data point identified in the Emergency Response Data System Data Point Library (data base) and changes that could affect the transmission format and communication protocol. This information is needed by the NRC to ensure that any system changes will not affect the ability to transmit critical parameters of a limited set of data to NRC so that NRC can fulfill its role to monitor a nuclear power reactor during an on-site alert or higher emergency to protect public health and safety.

8. Consultations Outside the NRC

Opportunity for public comment on the information collection requirements for this clearance package was published in the Federal Register on May 14, 2013 (78 FR 28244).  No comments were received.

9. Payment or Gift to Respondents

Not applicable.

10. Confidentiality of Information

Confidential and proprietary information is protected in accordance with NRC regulations at 10 CFR 9.17(a) and 10 CFR 2.390(b). However, no information normally considered confidential or proprietary is requested.

11. Justification for Sensitive Questions

The subject information collections do not involve sensitive information.

12. Estimated Industry Burden and Burden Hour Cost

There are 104 affected licensees; however, except for quarterly testing, only a small percentage of licensees are expected to submit a response each year. The table below reflects this and is based on NRC staff's best estimate.

INDUSTRY BURDEN AND BURDEN HOUR COST

Annualized Requirement	Responses Annually	Burden per Response (Staff Hour)	Total Amount of Burden (Staff Hour)	Annual cost at $274/Hour
50.72(A)(ii)(4)	7	4	28	$7,672
Appendix E, VI.1 Periodic Testing	416	2	832	$227,968
Appendix E, VI: 2.a, 2.b, & 2.c	(Detail requirements of 50.72(a)(ii)(4))
Appendix E, VI.3.a	14	12	168	$46,032
Appendix E, VI.3.b	2	12	24	$6,576
Appendix E, VI.4.a	Complete
Totals	439	2.4*	1052	$288,248

* Average burden - Staff Hours

Based upon the staff estimates for the total burden reflected above, 10 percent (105 hours) is attributable to recordkeeping associated with the requirement, and 90 percent (947 hours) is reporting.

13. Estimate of Other Additional Costs

The NRC has determined that the quantity of records to be maintained is roughly proportional to the recordkeeping burden and, therefore, can be used to calculate approximate records storage costs. Based on the number of pages maintained for a typical clearance, the records storage cost has been determined to be equal to 0.0004 times the recordkeeping burden cost. Because the recordkeeping burden is estimated to be 105 hours, the storage cost for this clearance is $11.50 (105 hours x 0.0004 x $274/hour).

14. Estimated Annualized Cost to the Federal Government

ANNUALIZED BURDEN AND COST TO THE FEDERAL GOVERNMENT

Annualized Requirement	Responses Annually	Burden per Response (Staff Hour)	Total Amount of Burden (Staff Hour)	Annual cost at $274/Hour
50.72 (a)(ii)(4) Review of Transmitted Data	7	100	700	$191,800
Appendix E, VI.1 Periodic Testing	80	5	400	$109,600
Appendix E, VI.3.a Review Changes Affecting Data Points	14	6	84	$23,016
Appendix E, VI.3.b Review Changes Affecting Transmission & Protocol	2	16	32	$8,768
Appendix E, VI.4.a Review of ERDS Implementation Plan	Complete
Totals	103	11.8*	1,216	$333,184

* Average burden - Staff Hours

This cost is fully recovered through fee assessments to NRC licensees pursuant to 10 CFR 170 and/or 10 CFR 171.

15. Reasons for Changes in Burden or Cost

Technological improvement of ERDS has resulted in a reduction of the estimated hours necessary to satisfy the regulatory requirements; moreover, additional improvements to the process governing periodic testing have also resulted in burden reductions of 2 hours per response for licensees since the previous reporting period, resulting in an overall annual burden reduction of 816 hours, from 1,868 to 1,052 hours, and a reduction in cost from $480,076 to $191,828.

The cost estimates have changed since the last renewal, resulting in an increase in the fee per hour from $257 to $274.

16. Publication for Statistical Use

The collection of information under this provision is not published for statistical use.

17. Reason for Not Displaying the Expiration Date

The requirement is contained in a regulation. Amending the Code of Federal Regulations to display information that, in an annual publication, could become obsolete would be unduly burdensome and too difficult to keep current.

18. Exceptions to the Certification Statement

None

B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS

Not applicable.