[Federal Register Volume 59, Number 157 (Tuesday, August 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20007]


[[Page Unknown]]

[Federal Register: August 16, 1994]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-341

 

Detroit Edison Company (Fermi, Unit 2); Exemption

I
    Detroit Edison (the licensee) is the holder of Facility Operating 
License No. NPF-43, which authorizes operation of Fermi 2 at steady 
state reactor power levels not in excess of 3430 megawatts thermal. 
This license provides, among other things, that the licensee is subject 
to all rules, regulations and Orders of the Nuclear Regulatory 
Commission (NRC) now or hereafter in effect. The Fermi 2 facility 
consists of a boiling water reactor located at the licensee's site in 
Monroe County, Michigan.
II
    Section 50.54(q) of 10 CFR Part 50 requires a licensee authorized 
to operate a nuclear power reactor to follow and maintain in effect 
emergency plans that meet the standards of 10 CFR 50.47(b) and the 
requirements of Appendix E to 10 CFR Part 50. Section IV.F.3 of 
Appendix E requires that each licensee at each site shall exercise with 
offsite authorities such that the State and local government emergency 
plans for each operating reactor are exercised biennially, with full or 
partial participation by State and local governments, within the plume 
exposure pathway emergency planning zone. The NRC may grant exemptions 
from the requirements of the regulations which, pursuant to 10 CFR 
50.12(a), are: (1) authorized by law, will not present an undue risk to 
the public health and safety, are consistent with the common defense 
and security; and (2) present special circumstances. Section 
50.12(a)(2)(v) of 10 CFR Part 50 indicates that special circumstances 
exist when an exemption would provide only temporary relief from 
applicable regulation and the licensee has made good faith efforts to 
comply with the regulations.
III
    By letter dated April 19, 1994, as supplemented June 23, 1994, the 
licensee requested an exemption from the schedule requirement of 
Section IV.F.3 of Appendix E to perform a partial participation 
emergency preparedness exercise for Fermi 2 during 1994. The licensee 
stated in the request that its response to the actual emergency event 
which occurred on December 25, 1993, demonstrated the adequacy of its 
emergency plan and its ability to successfully respond to an accident. 
Granting the exemption will allow the licensee to spend its resources 
to repair the damage to the plant and restart the facility.
    In the area of emergency preparedness and planning, the licensee's 
performance has been excellent. In the last two SALP (systematic 
assessment of licensee performance) rating periods, Fermi 2 has 
received category 1 ratings in the Emergency Preparedness category and 
in the new Plant Support category, which includes emergency 
preparedness activities. This reflects a consistent high level of 
onsite emergency preparedness.
    In addition, the licensee has demonstrated an ongoing commitment to 
support and maintain its emergency preparedness program. In the last 18 
months, the licensee has conducted five full-scale drills and a medical 
drill, and conducted an annual partial participation exercise in July 
1993.
    On December 25, 1993, an accident occurred at the facility which 
resulted in the declaration of an Alert. There was a catastrophic 
failure of the turbine generator which caused a reactor scram, a fire, 
and significant damage to the turbine auxiliary systems. During the 
event, the licensee implemented its Fermi 2 emergency plan and 
activated a portion of its emergency response organization, including 
the technical support center, operations support center, and alternate 
operations support center. The AIT (augmented inspected team) report 
covering the event and the response to the event identified some 
problems with the licensee's ability to classify the event and perform 
personnel accountability. In response to these findings, the licensee 
has performed additional training in the simulator, modified and 
revised procedures, and conducted an integrated onsite drill on June 8, 
1994, to verify the plant staff's capability to classify an event and 
to demonstrate personnel accountability.
    In its letter requesting an exemption, Detroit Edison included 
letters from the two surrounding counties and the State of Michigan. 
All three letters concurred with the licensee's request as long as the 
licensee will continue to support the September 1994 offsite exercise. 
FEMA (Federal Emergency Management Agency) Headquarters and FEMA Region 
V have reviewed the request and agree with the position taken by the 
State and local officials. The licensee has committed to support the 
State and local support agencies by providing communication links, 
scenario data and interface staff at the JPIC (joint public information 
center).
IV
    Based on a consideration of the facts presented in Section III 
above, the NRC staff finds that the following factors support the 
granting of the requested exemption:
    a. The licensee demonstrated adequate response to the December 25, 
1993, turbine-generator failure event.
    b. FEMA, State and local agencies have indicated agreement with the 
proposed exercise exemption for 1994.
    c. The licensee has a strong emergency preparedness program, as 
indicated by its last two SALP ratings. It has supported its program 
with a continuing series of drills to maintain its performance levels. 
In response to the AIT inspection and the concerns in the area of event 
classification and accountability, the licensee has instituted 
additional training, revised its procedures, and held an integrated 
drill on June 8, 1994, to demonstrate its ability to classify an event 
and account for its staff during an emergency.
    d. The licensee has committed to support the State and local 
agencies in their September 1994 offsite exercise by supplying scenario 
data, communication links and staffing for the JPIC.
    e. The licensee will conduct a utility-only exercise in July 1995. 
The requested exemption is a one-time event, which will result in 
cancelling the partial participation exercise scheduled for September 
1994 and rescheduling a utility-only exercise in July 1995. The 
exemption will relieve the licensee of the resource burden of 
conducting an exercise while trying to repair the damage to the 
facility and return the plant to service. Based on the factors 
considered above, the Commission has concluded that granting the 
proposed exemption will not result in a decrease in the effectiveness 
of the licensee's emergency preparedness program.
    The special circumstances for granting this exemption pursuant to 
10 CFR 50.12 have also been identified. As stated in part in 10 CFR 
50.12(a)(2)(v), special circumstances are present when the exemption 
would provide only temporary relief from the applicable regulation and 
the licensee has made a good faith effort to comply with the 
regulation. The licensee has made a good faith effort to comply with 
the regulations by conducting the required full-participation exercises 
at Fermi 2 with the State and local government agencies since 1985. The 
licensee has taken into consideration the various concerns of FEMA and 
the local governments by supporting the September exercise being 
conducted by the State and local governments. All affected parties 
support the proposed exercise schedule change. Granting the proposed 
exemption provides a one-time only relief from the requirement of 10 
CFR 50, Appendix E, Section IV.F.3. Therefore, the Commission concludes 
that special circumstances are present.
V
    Accordingly, the NRC has determined that, pursuant to 10 CFR 
50.12(a)(2), the exemption requested by the licensee's letter of April 
19, 1994, as supplemented June 23, 1994, is authorized by law, will not 
present an undue risk to the public health and safety, and is 
consistent with the common defense and security. The NRC further 
determines that special circumstances as provided in 10 CFR 
50.12(a)(2)(v) are present justifying the exemption. Therefore, the NRC 
hereby approves the following exemption:
    Fermi 2 is exempt from the requirements of 10 CFR Part 50, Appendix 
E, Section IV.F.3, for the conduct of a partial participation emergency 
preparedness exercise in 1994, provided that a utility-only exercise be 
conducted by July 1995.
    Pursuant to 10 CFR 51.32, the NRC has determined that the granting 
of this exemption will have no significant effect on the quality of 
human environment (59 FR 40626).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland this 10th day of August 1994.
For the Nuclear Regulatory Commission.
Jack W. Roe,
Director, Division of Reactor Projects III/VI, Office of Nuclear 
Reactor Regulation.
[FR Doc. 94-20007 Filed 8-15-94; 8:45 am]
BILLING CODE 7590-01-M