[Federal Register Volume 61, Number 3 (Thursday, January 4, 1996)]
[Notices]
[Pages 355-356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-112]



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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-285]


Omaha Public Power District, Fort Calhoun Station, Unit 1; 
Exemption

I

    The Omaha Public Power District (OPPD or the licensee) holds 
Facility Operating License No. DPR-40, which authorizes operation of 
the Fort Calhoun Station, Unit 1. The license provides, among other 
things, that the facility is subject to all rules, regulations, and 
orders of the Nuclear Regulatory Commission (the Commission) now or 
hereafter in effect. The facility consists of one pressurized water 
reactor located at the licensee's site in Washington County, Nebraska.

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 which meet the standards of 10 CFR 50.47(b) and the 
requirements of Appendix E to 10 CFR part 50. Section IV.F.2.c of 
Appendix E requires that each licensee at each site conduct an exercise 
with offsite authorities such that the State and local government 
emergency plans for each operating reactor site are exercised 
biennially. Section IV.F.2 also requires full or partial participation 
by State and local governments within the plume exposure pathway 
emergency planning zone (EPZ).
    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. Section 50.12(a)(2)(v) of 10 CFR 50 
describes the special circumstances where an exemption would provide 
only temporary relief from the applicable regulations and the licensee 
or applicant has made good faith efforts to comply with the 
regulations.

III

    By letter dated December 8, 1995, and supplemental letter dated 
December 15, 1995, OPPD requested a schedular exemption from the 
requirements of 10 CFR 50, Appendix E, Section IV.F.2.c that requires a 
biennial exercise with State and local government authorities within 
the plume exposure pathway emergency planning zone (EPZ). The licensee 
has requested to postpone, until the first quarter of 1996, the offsite 
portion of the biennial full-scale 

[[Page 356]]
emergency preparedness exercise which had been scheduled for November 
1995.
    This schedular exemption is requested by the licensee since the 
Federal Emergency Management Agency (FEMA) and the States had to cancel 
their evaluation and participation in the offsite portion of the 
exercise conducted on November 14, 1995. This request resulted from the 
impasse relative to passage of the Federal budget that caused a 
shutdown of FEMA and lack of funding for some State appropriations.
    The licensee provided the following basis for supporting the 
requested schedular exemption:
    OPPD, along with the States of Nebraska and Iowa, as well as local 
officials and volunteer agencies, were fully prepared to conduct a 
biennial full-scale emergency exercise for the Fort Calhoun Station 
(FCS) on November 14, 1995. The onsite and offsite objectives and 
scenario were approved respectively by NRC and FEMA. This exercise was 
designed to satisfy the requirements of 10 CFR 50, Appendix E, Section 
IV.F.2.c. The last biennial exercise was conducted on June 29-30, 1993.
    In the weeks prior to the exercise, FEMA was unsure whether it 
could support the exercise as the result of the Federal budget impasse. 
Some State of Nebraska personnel were also affected by the budget 
crisis in that some State positions are federally funded. The licensee 
satisfactorily conducted the onsite portion of the exercise in the 
absence of full participation by the States and evaluation by FEMA. 
There were no identified exercise weaknesses associated with the onsite 
portion of the exercise.
    Based upon a review of the licensee's request for a schedular 
exemption from the requirements of 10 CFR 50, Appendix E, Section 
IV.F.2.c, the staff finds that the exemption would provide only 
temporary relief from the applicable regulations.

IV

    Accordingly, the Commission has determined pursuant to 10 CFR 
50.12, this exemption is authorized by law and will not endanger life 
or property or the common defense and security and is otherwise in the 
public interest. The Commission further determines that special 
circumstances described by 10 CFR 50.12(a)(2)(v) exist in that granting 
the exemption would provide only temporary relief from the applicable 
regulations and the licensee has made good faith efforts to comply with 
the regulations.
    Therefore, the Commission hereby grants Omaha Public Power District 
an exemption from the requirements of 10 CFR 50, Appendix E, Section 
IV.F.2.c.
    Pursuant to 10 CFR 51.32, the Commission has determined that the 
granting of this exemption will have no significant impact on the 
quality of the human environment (60 FR 66995).

    Dated at Rockville, Maryland, this 28th day of December 1995.

    This exemption is effective upon issuance.

    For the Nuclear Regulatory Commission.
Gail H. Marcus,
Acting Director, Division of Reactor Projects III/IV, Office of Nuclear 
Reactor Regulation.
[FR Doc. 96-112 Filed 1-3-96; 8:45 am]
BILLING CODE 7590-01-P