[Federal Register Volume 64, Number 202 (Wednesday, October 20, 1999)]
[Notices]
[Pages 56522-56523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27365]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-245, 50-336 and 50-423]


Northeast Nuclear Energy Company, et al. (Millstone Nuclear Power 
Station, Unit Nos. 1, 2, and 3); Exemption

I

    Northeast Nuclear Energy Company, et al. (NNECO or the licensee) is 
the holder of Facility Operating License Nos. DPR-21, NPF-65, and NPF-
49, which authorize operation of the Millstone Nuclear Power Station, 
Units 1, 2, and 3 (Millstone or the facilities). The facilities consist 
of two pressurized-water reactors (Units 2 and 3) licensed for 
operation and one boiling-water reactor (Unit 1) that is being 
decommissioned, located at the licensee's site in New London County, 
Connecticut. The licenses provide, among other things, that the 
licensee is subject to all rules, regulations, and orders of the U.S. 
Nuclear Regulatory Commission (NRC or the Commission) now or hereafter 
in effect.

II

    Section IV.F.2.c of Appendix E to 10 CFR part 50 requires each 
licensee at each site to conduct an exercise of offsite emergency plans 
biennially with full participation by each offsite authority having a 
role under the plan. During such biennial full-participation exercises, 
the NRC evaluates onsite and the Federal Emergency Management Agency 
(FEMA) evaluates offsite emergency preparedness activities. NNECO 
successfully conducted a full-participation exercise during the week of 
August 21, 1997. By letter dated August 3, 1999, the licensee requested 
an exemption from Sections IV.F.2.c of Appendix E regarding the conduct 
of a full-participation exercise in September 1999. The licensee will 
conduct the Federally observed full-participation emergency exercise 
before the end of March 2000 rather than September 1999. Future full-
participation exercises will be scheduled biennially from the year 
2000. The NRC has provided flexibility in scheduling these exercises by 
allowing licensees to schedule full-participation exercises at any time 
during the biennial calendar year. This provides a 12 to 36 month 
window to schedule full-participation exercises while still meeting the 
biennial requirement specified in the regulations. Conducting the 
Millstone full-participation exercise in calendar year 2000 places the 
exercise past the previously scheduled biennial calendar year of 1999. 
This one-time change in the exercise schedule would increase the 
interval between full-participation exercises in this one instance from 
the previously scheduled 25 months to 31 months, which is within the 
time span normally accepted for biennial exercises.
    The Commission, pursuant to 10 CFR 50.12(a)(1), may grant 
exemptions from the requirements of 10 CFR part 50 that are authorized 
by law, will not present an undue risk to public health and safety, and 
are consistent with the common defense and security. The Commission, 
however, pursuant to 10 CFR 50.12(a)(2), will not consider granting an 
exemption unless special circumstances are present. Under 10 CFR 
50.12(a)(2)(ii), special circumstances are present when application of 
the regulation in the particular circumstances would not serve the 
underlying purpose of the rule or is not necessary to achieve the 
underlying purpose of the rule. Under 10 CFR 50.12(a)(2)(v), special 
circumstances are present whenever the exemption would provide only 
temporary relief from the applicable regulation and the licensee or 
applicant has made good faith efforts to comply with the regulation.

III

    The staff has completed its evaluation of NNECO's request for an 
exemption and proposed compensatory measures that will be taken to 
maintain the level of emergency preparedness at Millstone between 
September 1999 and March 2000. Compensatory measures include the 
conduct of a self-evaluated drill in September 1999 in accordance with 
10 CFR part 50, appendix E, section IV.F.2.b of the onsite emergency 
plan to which offsite agencies in Connecticut and New York have been 
invited to participate as a training activity for their responders. 
Further, the licensee plans an additional drill in October 1999 for 
State and local responders. The underlying purpose for conducting a 
biennial full-participation exercise is to ensure that emergency 
organization personnel are familiar with their duties and to test the 
adequacy of emergency plans. The intent of this requirement will be met 
by conducting these two scheduled drills, one of which is specifically 
for offsite response

[[Page 56523]]

organizations. These drills are in excess of what the regulation 
requires and provide a benefit by allowing more opportunities for 
training of response personnel. The staff considers that these measures 
are adequate to maintain an acceptable level of emergency preparedness 
during this period, satisfying the underlying purpose of the rule. 
Therefore, the special circumstances of 10 CFR 50.12(a)(2)(ii) are 
satisfied.
    Only temporary relief from the regulation is provided by the 
requested schedular exemption since an exercise will be conducted at a 
future date. The licensee has made a good faith effort to comply with 
the regulation. The exemption is being sought by the licensee in 
voluntary response to a request by the NRC to accommodate an adjustment 
in exercise scheduling that affects multiple agencies, as discussed 
during the annual NRC Region I and FEMA (Regions I, II, and III) 
exercise scheduling meeting held in White Plains, New York, in December 
1998. At this meeting, representatives of the States of Connecticut and 
New York concurred with rescheduling the NRC/FEMA evaluated exercise 
for the Millstone site. The revised exercise schedule allows for better 
balance in the use of federal resources. The exercise will be conducted 
in a time frame that is within generally accepted policy. In FEMA's 
letter to the NRC dated July 14, 1999, FEMA Region I and FEMA 
Headquarters concurred with the change in exercise date. Also, NRC 
Region I, who would be involved in evaluating the onsite activities 
during these exercises, supported the schedule change due to the need 
to relieve resource demands. The staff, having considered the schedule 
and resource issues within FEMA and the NRC, and the proposed licensee 
compensatory measures, believes that the exemption request meets the 
special circumstances of 10 CFR 50.12(a)(2)(v) and should be granted.

IV

    The Commission has determined that, pursuant to 10 CFR part 50, 
appendix E, this exemption is authorized by law, will not endanger life 
or property or the common defense and security, and is otherwise in the 
public interest. Further, the Commission has determined, pursuant to 10 
CFR 50.12(a), that special circumstances of 10 CFR 50.12(a)(2)(ii) and 
10 CFR 50.12(a)(2)(v) are applicable in that application of the 
regulation is not necessary to achieve the underlying purpose of the 
rule, and the exemption would provide only temporary relief from the 
applicable regulation and the licensee has made good faith efforts to 
comply with the regulation. Therefore, the Commission hereby grants the 
exemption from Section IV.F.2.c of Appendix E to 10 CFR part 50.
    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 (64 FR 50840).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 14th day of October, 1999.

    For the Nuclear Regulatory Commission.
John A. Zwolinski,
Director, Division of Licensing Project Management, Office of Nuclear 
Reactor Regulation.
[FR Doc. 99-27365 Filed 10-19-99; 8:45 am]
BILLING CODE 7590-01-P