[Federal Register Volume 67, Number 3 (Friday, January 4, 2002)]
[Notices]
[Pages 613-615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-229]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-10, 50-237, and 50-249]


Exelon Generation Company, LLC, Dresden Nuclear Power Station, 
Units 1, 2, and 3; Exemption

1.0  Background

    The Exelon Generation Company, LLC, (Exelon, or the licensee) is 
the holder of Facility Operating License Nos. DPR-2, DPR-19, and DPR-
25, which authorizes operation of the Dresden Nuclear Power Station 
(DNPS), Units 1, 2, and 3. The license provides, among other things, 
that the facility is subject to all rules, regulations, and orders of 
the U.S. Nuclear Regulatory

[[Page 614]]

Commission (NRC, the Commission) now or hereafter in effect.
    The facility consists of Unit 1, which is permanently defueled, and 
Units 2 and 3, which are both operating boiling water reactors. The 
facility is located in Grundy County, Illinois.

2.0  Request/Action

    Title 10 of the Code of Federal Regulations (10 CFR), part 50, 
appendix E, section IV.F.2.c. requires that offsite emergency plans at 
each site be exercised every 2 years with full or partial participation 
by each offsite response organization (ORO) 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.
    The licensee conducted a biennial exercise on May 26, 2001, but 
participation by the OROs was curtailed due to the need to respond to 
emergency conditions caused by flooding within the State. The licensee 
rescheduled the ORO participation for September 18, 2001, but the 
national emergency preempted the conduct of that exercise. By letter 
dated December 18, 2001, the licensee requested an exemption to 
postpone the remaining portions of ORO participation into an exercise 
to be conducted in 2002. The last full participation exercise for DNPS 
was conducted on May 26, 1999. The period between exercises could be as 
long as 42 months if the exercise were conducted in December of 2002. 
This is outside the period of time normally allowed for the scheduling 
of biennial exercises. However, it is recognized that rescheduling the 
exercise is a challenge to the licensee. This being the case, a 
schedular exemption for conducting the remaining portions of the 
offsite exercise before the end of the third quarter of 2002 is 
appropriate. This could result in a maximum interval between FEMA-
evaluated exercises of about 39 months if the licensee conducted the 
exercise in September of 2002. While this interval is longer than the 
36 month period allowed by regulations, it is consistent with other 
exemptions recently granted due to the national emergency.
    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 Illinois 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 exercise as soon as practicable to maintain 
and demonstrate readiness. The following evaluation addresses the 
technical issues necessary to grant a schedular exemption from the 
requirements of 10 CFR Part 50, Appendix E, section IV.F.2.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 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 staff has also 
determined that conduct of the exercise as early as practicable in 2002 
is prudent, but the exemption is not predicated on the licensee 
following this recommendation.
    The licensee has stated that due to the number of Exelon nuclear 
facilities in the area around DNPS, most of the OROs have participated 
in other biennial exercises. There are three counties responsible for 
offsite emergency preparedness in support of DNPS. Will County 
participated in the Braidwood Exercise of March 1, 2000, and Grundy 
County participated in the LaSalle exercise of October 4, 2000. Kendall 
County, which is located in the five-to-ten mile portion of the DNPS 
emergency planning zone, has not participated in an exercise during the 
last two years. The Illinois Department of Nuclear Safety (IDNS) 
participated in the May 26, 2001, DNPS exercise (and four others during 
the last two years) and the Illinois Emergency Management Agency (IEMA) 
participated with various Exelon sites as follows: Braidwood, March 1, 
2000; LaSalle, October 4, 2000; Clinton, August 28, 2001; and Byron, 
November 28, 2001.
    The licensee stated that all past exercises were conducted using 
the Exelon standard evaluation techniques. Weaknesses and deficiencies 
were identified and entered into the corrective action program and are 
tracked to completion. Future exercises are to be conducted in the same 
manner. The licensee stated that an appropriate level of emergency 
preparedness is being maintained as evidenced by ORO participation.
    For this exemption request, the special circumstances described in 
Section 50.12(a)(2) of 10 CFR 50 are present:

    50.12(a)(2)(v) The exemption would provide only temporary relief 
from the applicable regulation and the licensee or applicant has 
made a good faith effort to comply with the regulation.

    The national emergency of September 11, 2001, and the subsequent 
recovery and security responses prevented the OROs from participating 
in the re-scheduled biennial exercise. The licensee made a good faith 
effort to comply with regulations through the conduct of an exercise on 
May 26, 2001, and the rescheduling of the ORO participation aspects of 
that exercise for September 18, 2001. The circumstances dictating the 
request for exemption are beyond the licensee's control. Additionally, 
the licensee's exercise program includes multiple opportunities for the 
participation of OROs and is a compensating measure contributing to 
justification of the exemption. The exemption only provides temporary 
relief from the applicable regulation, in that the licensee has 
committed to conduct the remaining portions of the offsite exercise 
during the next calendar year (2002) and has not requested any 
permanent changes in future exercise scheduling. The staff has 
determined that conduct of the exercise as early as practicable in 
2002, but no later than the end of the third quarter, is prudent even 
though the licensee is expected to conduct another full or partial 
participation exercise in 2003.

4.0  Conclusion

    The staff finds that granting the licensee's request for a one-time 
schedular exemption from the requirement of section IV.F.2.c. of 
appendix E to 10 CFR part 50 to conduct a full participation emergency 
preparedness exercise in 2001 will not present an undue risk to the 
public health and safety, is consistent with the

[[Page 615]]

common defense and security, and that special circumstances are present 
as set forth in 10 CFR 50.12(a)(2). This conclusion is based on the 
expectation that the licensee will conduct the remaining offsite 
portions of the postponed exercise before the end of the third quarter 
2002.
    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 66948).
    This exemption is effective upon issuance and expires on September 
30, 2002.


    Dated at Rockville, Maryland, this 28th day of December, 2001.

    For the Nuclear Regulatory Commission.
Herbert N. Berkow,
Acting Director, Division of Licensing Project Management, Office of 
Nuclear Reactor Regulation.
[FR Doc. 02-229 Filed 1-3-02; 8:45 am]
BILLING CODE 7590-01-P