[Federal Register Volume 65, Number 57 (Thursday, March 23, 2000)]
[Notices]
[Page 15655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-7238]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-400]


Carolina Power & Light Company (Shearon Harris Nuclear Power 
Plant, Unit 1); Exemption

I

    Carolina Power & Light Company (CP&L or the licensee) is the holder 
of Facility Operating License No. NPF-63, which authorizes operation of 
the Shearon Harris Nuclear Power Plant, Unit 1 (HNP) at power levels 
not to exceed 2775 megawatts thermal. The facility consists of one 
pressurized-water reactor located at the licensee's site in Wake and 
Chatham Counties, North Carolina. The license provides, among other 
things, that the licensee is subject to all rules, regulations, and 
orders of the Nuclear Regulatory Commission (NRC, the Commission) now 
or hereafter in effect.

II

    Section IV.F.2.b of Appendix E to Title 10 of the Code of Federal 
Regulations (10 CFR) Part 50 requires each licensee at each site to 
conduct an exercise of its onsite emergency plan every 2 years and 
indicates the exercise may be included in the full-participation 
biennial exercise required by paragraph 2.c. Paragraph 2.c requires 
offsite plans for each site to be exercised biennially with full 
participation by each offsite authority having a role under the plan. 
During such biennial full-participation exercises, the NRC evaluates 
onsite emergency preparedness activities and the Federal Emergency 
Management Agency (FEMA) evaluates offsite emergency preparedness 
activities. CP&L successfully conducted a full-participation exercise 
for HNP during the week of October 7, 1997. By letter dated December 7, 
1999, the licensee requested an exemption from Sections IV.F.2.b and c 
of Appendix E regarding the conduct of a full-participation exercise 
originally scheduled for September 21, 1999. Specifically, the licensee 
proposed rescheduling the exercise originally scheduled for September 
21, 1999, and completing the onsite and offsite exercise requirements 
in two parts. The licensee would use the onsite exercise conducted on 
January 11, 2000, without the participation of the State of North 
Carolina and local government response agencies, to meet the onsite 
requirement. The offsite portion of the exercise would be conducted on 
June 27, 2000, with the participation of the State of North Carolina 
and local government response agencies.
    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)(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 licensee requests a one-time change in the schedule for the 
next full-participation exercise for HNP. Subsequent full-participation 
exercises for HNP would be scheduled at no greater than 2-year 
intervals in accordance with 10 CFR Part 50, Appendix E, Section 
IV.F.2.c. Accordingly, the exemption would provide only temporary 
relief from that regulation.
    As indicated in the licensee's request for an exemption of December 
7, 1999, the licensee had originally scheduled a full-participation 
exercise for September 21, 1999. As further set forth in that letter, 
however, due to the significant impact and damage from hurricane 
``Floyd,'' the State of North Carolina and the local emergency response 
agencies were occupied with responding to the natural disaster and were 
unable to participate in and could not support the exercise. In 
discussions on September 14, 1999, the NRC and FEMA indicated 
concurrence with rescheduling the exercise due to preparations and 
response to hurricane ``Floyd.'' In a letter dated January 19, 2000, 
FEMA documented its support for rescheduling the exercise. Accordingly, 
the licensee made a good faith effort to comply with the schedule 
requirements of Appendix E for full-participation exercises.
    The staff completed its evaluation of the licensee's request for an 
exemption. The staff, having considered the schedule and resource 
issues resulting from responding to hurricane ``Floyd'' and the 
subsequent flooding, and the fact that the licensee conducted the 
onsite portion of the exercise on January 11, 2000, only 3 months 
beyond the required interval, finds the request acceptable.

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)(v) are 
applicable in that 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.b and 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 (65 FR 14322).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 16th day of March 2000.

    For the Nuclear Regulatory Commission.
John A. Zwolinski,
 Director, Division of Licensing Project Management, Office of Nuclear 
Reactor Regulation.
[FR Doc. 00-7238 Filed 3-22-00; 8:45 am]
BILLING CODE 7590-01-P