[Federal Register Volume 66, Number 249 (Friday, December 28, 2001)]
[Notices]
[Pages 67333-67334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31928]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-352 and 50-353]


Exelon Generation Company, LLC, Limerick Generating Station, 
Units 1 and 2; Exemption

1.0 Background

    Exelon Generation Company, LLC (Exelon or the licensee), is the 
holder of Facility Operating Licenses Nos. NPF-39 and NPF-85, which 
authorize operation of the Limerick Generating Station (LGS), Units 1 
and 2. The licenses provide, among other things, that the facility is 
subject to all rules, regulations, and orders of the U.S. Nuclear 
Regulatory Commission (NRC, the Commission) now or hereafter in effect.
    The facility consists of two boiling-water reactors located at the 
licensee's site in Montgomery County, Pennsylvania.

2.0 Request/Action

    Title 10 of the Code of Federal Regulations (10 CFR), part 50, 
Appendix E, Section IV.F.2.b requires each licensee at each site to 
conduct an exercise of its onsite emergency plan every two years and 
indicates the exercise may be included in the full-participation 
biennial exercise required by paragraph 2.c. of the same section. In 
addition, licensees are to take actions necessary to ensure that 
adequate emergency response capabilities are maintained during the 
interval between biennial exercises by conducting drills. 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. Normally during such biennial full-participation exercises, 
the NRC evaluates onsite, and the Federal Emergency Management Agency 
(FEMA) evaluates offsite, emergency preparedness activities.
    By letter dated October 16, 2001, Exelon requested an exemption 
from the requirements of 10 CFR part 50, Appendix E, Sections IV.F.2.c, 
regarding the conduct of a full-participation exercise at LGS. The 
exemption would allow the licensee to postpone the biennial full-
participation exercise up to the end of 2002. However, the next full-
participation exercise will continue to be scheduled biennially from 
2001.
    Exelon is among several licensees requesting exercise exemptions in 
the wake of the national emergency of September 11, 2001. It is 
recognized that it was not appropriate to conduct an exercise during 
the period of disruption and heightened security after the national 
emergency. The State of Pennsylvania was initially involved with the 
recovery response to the national emergency and continues to respond to 
heightened security needs. Considering the extraordinary circumstances, 
a schedular exemption is acceptable. However, in this period of 
heightened security concerns regarding nuclear plant vulnerability, it 
is prudent to conduct the full-participation exercise as soon as 
practical to demonstrate and maintain readiness.
    The licensee is faced with a difficult task to coordinate and 
schedule an exercise that involves multiple governmental agencies at 
the Federal, State, and local level. Many local response organizations 
depend on volunteers. In order to accommodate this task, the NRC has 
allowed licensees to schedule full-participation exercises at any time 
during the calendar biennium. This gives the licensee the flexibility 
to schedule the exercise within a 12- to 36-month window and still meet 
the biennial requirement specified in the regulations.
    It should be noted that the licensee requested relief from 10 CFR 
part 50, appendix E, section IV.F.2.c. While the intent of the request 
is clear, the NRC staff determined that a schedular exemption from the 
onsite exercise requirements of 10 CFR part 50, appendix E, section 
IV.F.2. b, was also necessary. The following evaluation addresses the 
technical issues necessary to grant a schedular exemption from the 
requirements of 10 CFR part 50, appendix E, sections IV.F.2.b and c, to 
conduct an evaluated biennial exercise.

3.0 Discussion

    Pursuant to 10 CFR 50.12, the Commission may, upon application by 
any interested person or upon its own initiative, grant exemptions from 
the requirements of 10 CFR Part 50 when (1) the exemptions are 
authorized by law, will not present an undue risk to public health or 
safety, and are consistent with the common defense and security; and 
(2) when 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.
    The licensee was scheduled to conduct a biennial full-participation 
exercise on November 1, 2001. The requested exemption is to postpone 
that exercise and conduct it during 2002. The interval between biennial 
exercises could be as long as 39 months, if the exercise were conducted 
in December of 2002. However, the licensee stated that the rescheduled 
exercise is expected to take place in the first or second quarter of 
2002. If the licensee does conduct the exercise within the second 
quarter of 2002, the period between exercises would be about 33 months 
and within the normal parameters of exercise conduct, in which a period 
of 36 months is acceptable as long as the sequential exercises are 
conducted within the calender biennium. However, given that other 2001 
exercises in NRC Region I will be rescheduled into 2002, the licensee 
may have difficulty finalizing the schedule by the end of the second 
quarter. To reschedule this exercise, the licensee will have to 
coordinate with local and State supporting agencies as well as NRC 
Region I and FEMA Region III. This effort will be complicated by the 
fact that NRC and FEMA will have to support the normally scheduled 
exercises in addition to the rescheduled exercises during 2002. 
Increased flexibility may be necessary for scheduling of Federal 
resources more so than local or utility resources. This being the case, 
a schedular exemption for conduct of the exercise within calendar year 
2002 is appropriate, with the understanding that the licensee will 
conduct the exercise as soon as practicable.
    LGS successfully conducted a full-participation exercise on 
September 14, 1999, which was evaluated by the NRC (Inspection Report 
No. 50-352;353/99-06) and FEMA (Final Exercise Report LGS 03/01/00.) 
The results of this exercise determined that the overall performance of 
the emergency response organization demonstrated that onsite emergency 
plans are adequate and that the organization is capable of implementing 
these plans. No violations of NRC requirements or exercise weaknesses 
were identified and the licensee stated that performance issues 
identified in the critique were entered into the corrective action 
process and addressed.
    The licensee stated that subsequent to the September 14, 1999, 
full-

[[Page 67334]]

participation exercise, LGS conducted emergency response training 
drills on June 14, 2000, June 21, 2000, October 18, 2000, November 15, 
2000, December 12, 2000, February 15, 2001, May 12, 2001, and June 20, 
2001. A pre-exercise drill was also conducted on September 27, 2001. 
The licensee stated that there was at least partial offsite 
participation in the June 21, 2000, November 15, 2000, December 12, 
2000, June 20, 2001, and September 27, 2001, drills. In addition, 
emergency response training drills involving control room staff were 
conducted on January 20, 2000, January 27, 2000, February 3, 2000, 
February 10, 2000, February 17, 2000, January 12, 2001, January 19, 
2001, January 26, 2001, February 2, 2001, and February 9, 2001. The 
licensee stated that these drills satisfy the drill requirements of 10 
CFR Part 50, Appendix E, Section IV.F.2.b. The licensee stated that 
drill critiques verified that the emergency plan and its implementing 
procedures were successfully implemented. Issues identified during 
these drills, exercises, and associated critiques are being resolved 
under the station's corrective action program.
    The licensee stated that compensating measures will be taken to 
maintain emergency preparedness at LGS until the postponed exercise is 
conducted. The existing training and drill schedule currently in place 
for emergency response activities will remain in place and be adjusted 
as necessary to ensure the readiness of both onsite and offsite 
emergency response personnel. This includes annual training, 
requalification, and participation drills for onsite emergency 
responders. The licensee stated that these measures will be implemented 
to maintain an acceptable level of emergency preparedness during this 
period.
    The Pennsylvania Emergency Management Agency (PEMA) has requested 
that FEMA postpone the exercise into 2002. The licensee and PEMA stated 
that offsite local, State, and Federal government agencies that are 
required to participate in the LGS biennial exercise are directly 
participating in the response, recovery, and other continuing 
activities associated with the September 11, 2001, national emergency.
    The staff examined the licensee's rationale to support the 
exemption request and concluded that granting the exemption would 
provide only temporary relief from the applicable regulation and that 
the licensee had made a good faith effort to comply with the 
regulation. The national emergency of September 11, 2001, and the 
subsequent recovery and security responses required that State and 
local resources expected to be available for the previously scheduled 
biennial exercise be applied to agency missions. Offsite agencies were 
not able to dedicate the appropriate level of resources, as it would 
divert public agency resources from the national emergency recovery 
efforts. Additionally, the licensee's drill program includes offsite 
agency participation and is a compensating measure contributing to the 
justification of the exemption.
    The exemption only provides temporary relief from the applicable 
regulation, in that the licensee has committed to conduct the exercise 
during the next calendar year (2002) and has not requested any 
permanent changes in future exercise scheduling. The licensee made a 
good faith effort to conduct the exercise and comply with regulations. 
The circumstances dictating the request for exemption are beyond the 
licensee's control. The regulations of this part do allow for the 
postponement of exercises and the regulations have been invoked for 
appropriate circumstances. This being the case, the occasional need to 
postpone exercises was considered as a potential circumstance. The 
staff has determined that conduct of the full-participation exercise as 
early as practical in 2002 is prudent even though the licensee is 
expected to conduct another full-participation exercise in 2003.

4.0  Conclusion

    Accordingly, the Commission has determined that, pursuant to 10 CFR 
50.12(a), the exemption 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. Also, special circumstances are present pursuant 
to 10 CFR 50.12(a)(2)(v), in that the exemption would only provide 
temporary relief from the applicable regulations, and the licensee has 
made a good faith effort to comply with the regulation. Therefore, the 
Commission hereby grants Exelon a one-time schedular exemption from the 
requirements to conduct an exercise of its onsite and offsite (with 
full-participation by each offsite authority having a role under the 
plan) emergency plans every 2 years as required by 10 CFR part 50, 
appendix E, sections IV.F.2.b and c. This conclusion is based on the 
licensee's commitment to conduct the postponed exercise in 2002. The 
staff notes that the licensee expects to conduct the exercise in the 
first or second quarter of 2002. The staff recommends that the licensee 
schedule the exercise as early as practical in 2002, but the exemption 
is not predicated on the licensee following this recommendation.
    Pursuant to 10 CFR 51.32, the Commission has determined that the 
granting of this exemption will not have a significant effect on the 
quality of the human environment (66 FR 65231).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 20th day of December 2001.

    For the Nuclear Regulatory Commission.
Ledyard B. Marsh,
Acting Director, Division of Licensing Project Management, Office of 
Nuclear Reactor Regulation.
[FR Doc. 01-31928 Filed 12-27-01; 8:45 am]
BILLING CODE 7590-01-P