[Federal Register Volume 59, Number 212 (Thursday, November 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27251]


[[Page Unknown]]

[Federal Register: November 3, 1994]


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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-424, 50-425]

 

Georgia Power Company; (Vogtle Electric Generating Plant, Units 1 
and 2)

Exemption

I

    Georgia Power Company (GPC or the licensee) is the holder of 
Facility Operating License Nos. NPF-68 and NPF-81, which authorize 
operation of the Vogtle Electric Generating Plant, Units 1 and 2 (the 
facilities) at steady-state reactor power level not in excess of 3411 
megawatts thermal, each. The license providers, among other things, 
that it is subject to all rules, regulations, and Orders of the Nuclear 
Regulatory Commission (the Commission or NRC) now or hereafter in 
effect. Each unit at the facility consists of a pressurized water 
reactor located at the licensee's site in Burke County, Georgia.

II

    Section 50.54(q) of Title 10 of the Code of Federal Regulations 
requires a licensee authorized to operate a nuclear power reactor to 
follow and maintain in effect emergency plans which meet the standards 
of 10 CFR 50.47(b) and the requirements of Appendix E to 10 CFR 50. 
Section IV.F.2 of Appendix E requires that each licensee annually 
exercise its emergency plan. Section IV.F.3 of Appendix E requires that 
each licensee shall exercise with offsite authorities such that the 
State and local government emergency plans are exercised biennially.
    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, 
and are consistent with the common defense and security; and (2) 
present special circumstances. Special circumstances exist when 
application of the regulation in the particular circumstance would not 
serve the underlying purpose of the rule or is not necessary to achieve 
the underlying purpose of the rule (10 CFR 50.12(a)(2) (ii)). Special 
circumstances also exist when the exemption would provide only 
temporary relief from the applicable regulation and the licensee has 
made good faith efforts to comply with the regulation (10 CFR 
50.12(a)(2)(v)). The underlying purpose of 10 CFR 50, Appendix E, 
Sections IV.F.2 and IV.F.3, is to demonstrate that the emergency plans 
are adequate and capable of being implemented, and that the state of 
emergency preparedness provides reasonable assurance that adequate 
protective measures can and will be taken in the event of a 
radiological emergency.

III

    By letter dated July 21, 1994, the licensee requested an exemption 
from the requirements of 10 CFR 50.47 and Appendix E to conduct an 
annual exercise of the Vogtle Emergency Plan in 1994. The licensee had 
planned to conduct a full-participation exercise involving both the 
states of Georgia and South Carolina and local response organizations 
on July 27, 1994. The licensee requested that an exemption be granted 
because the state of Georgia requested to delay the 1994 annual 
exercise from July 27, 1994, to January 11, 1995. The request to move 
the exercise date was originated by the Georgia Emergency Management 
Agency (GEMA) because they would be unable to participate on July 27, 
1994, as GEMA personnel were required to respond to a federally-
declared flood disaster in South Georgia. This proposed delay will 
prevent Vogtle from meeting the annual requirement to exercise the 
Vogtle emergency plan as specified in Appendix E to 10 CFR 50, and 
therefore, GPC requested a schedular exemption.
    The previous emergency preparedness exercise at Vogtle was 
successfully conducted on August 4, 1993, and no violations, deviations 
or exercise weaknesses were identified. Offsite participation was 
limited to receiving Emergency Notification Messages. A joint plume and 
ingestion exposure pathway exercise involving the States of Georgia and 
South Carolina and the four local governmental agencies was conducted 
on May 19, 1992.
    The licensee had scheduled, planned and coordinated the 1994 
exercise with participating Federal, State, and local agencies for mid-
July. The scope and objectives, and the final scenario documentation 
for the July 1994 exercise were submitted to the NRC on April 14, 1994, 
and May 17, 1994, respectively, which is within the time frames 
established for their submittal in support of a July 1994 exercise. 
Thereby, the licensee demonstrated good faith effort in attempting to 
comply with the regulation.
    The schedule for future exercises will not be affected by this 
exemption. GPC has stated it will conduct the previously scheduled 1995 
exercise the week of July 19, 1995, as planned. The licensee states 
that concurrence for the proposed date of January 11, 1995, has been 
received from FEMA, NRC Region II, and the affected State and local 
agencies. FEMA confirmed its support for the revised exercise date on 
September 1, 1994.
    The most recent NRC Systematic Assessment of Licensee Performance 
(SALP) report for Vogtle, issued on August 12, 1994, for the period 
January 3, 1993, through July 2, 1994, indicates that the performance 
of the emergency preparedness program was strong; weaknesses observed 
during the previous assessment period (relating to state and local 
staff notification and protective action recommendations) were 
effectively addressed and observed to be corrected during the 1993 
annual exercise; performance during the conversion to new emergency 
action levels was effective and well controlled; training of shift 
supervisors and off-site personnel was excellent; attention to 
emergency response facility and equipment material condition continued 
to be effective; and overall, excellent emergency preparedness program 
performance was demonstrated by proper classification and reporting of 
three events.

IV

    Based upon a review of the licensee's request for an exemption from 
the requirement to conduct an exercise of the Vogtle emergency plan 
in1994, the NRC staff finds that the underlying purpose of the 
regulation will not be adversely affected by the rescheduling of the 
July 27, 1994 exercise to January 11, 1995. The effective response 
capability demonstrated by the licensee during the 1993 emergency 
preparedness exercise, the activities in preparation for the 1994 
exercise, including a table top exercise with the states and counties 
and the readiness of the licensee's emergency preparedness program as 
reflected in its SALP rating and the most recent inspection report, 
provide assurance that the resources and personnel necessary for proper 
emergency response are in place to respond to a nuclear emergency at 
the Vogtle site. Thus, an exercise in 1994 is not necessary to achieve 
the underlying purpose of the rule and the requested exemption from the 
requirement in 10 CFR Part 50, Appendix E, Section IV.F, to defer the 
performance of an exercise of the Vogtle emergency plan until January 
11, 1995, will not adversely affect the overall state of emergency 
preparedness at the Vogtle site.
    For these reasons, the Commission has determined that, pursuant to 
10 CFR 50.12, the exemption requested by the licensee's letter of July 
21, 1994, as discussed above, 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, and that special circumstances are present 
as set forth in 10 CFR 50.12(a)(2) (ii) and (v).
    Pursuant to 10 CFR 51.32, the Commission has determined that 
granting this exemption will have no significant impact on the 
environment (59 FR 52841 dated October 20, 1994).
    This Exemption is effective upon issuance.

    Dated at Rockville, Maryland this 26th day of October, 1994.

    For the Nuclear Regulatory Commission.
Steven A. Varga,
Director, Division of Reactor Projects--I/II, Office of Nuclear Reactor 
Regulation.
[FR Doc. 94-27251 Filed 11-2-94; 8:45 am]
BILLING CODE 7590-01-M