[Federal Register Volume 68, Number 249 (Tuesday, December 30, 2003)]
[Notices]
[Pages 75287-75289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31956]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-317 and 50-318]


Calvert Cliffs Nuclear Power Plant, Inc., Calvert Cliffs Nuclear 
Power Plant, Unit Nos. 1 and 2; Exemption

1.0 Background

    Calvert Cliffs Nuclear Power Plant, Inc. (CCNPPI or the licensee) 
is the holder of Renewed Facility Operating License Nos. DPR-53 and 
DPR-69, which authorizes operation of Calvert Cliffs Nuclear Power 
Plant, Unit Nos. 1 and 2 (CCNPP1-2). The license provides, 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 pressurized-water reactors located in 
Calvert County, Maryland.

2.0 Purpose

    Section IV.F.2.b of Appendix E, to 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 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. The licensee must 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.
    The licensee was scheduled to conduct a biennial full participation 
exercise on October 21, 2003. The licensee has requested a temporary 
exemption to 10 CFR part 50, Appendix E, Section IV.F.2.c that would 
reschedule the planned offsite full-participation emergency exercise 
from 2003 to 2004 and subsequent exercises would be scheduled 
biennially from the year 2003. The most recently evaluated biennial 
full-participation exercise at CCNPP was conducted on September 9, 
2002.

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 Sec.  50.12(a)(2), 
special circumstances include, among other things, when application of 
the regulation in the particular circumstance would not serve, or is 
not necessary to achieve, the underlying purpose of the rule.
    The underlying purpose of 10 CFR part 50, Appendix E, Section 
IV.F.2.c is to establish requirements for the biennial exercise of 
offsite emergency

[[Page 75288]]

plans for the purpose of exercising employees and offsite authorities 
having a role under the plan. Where the offsite authority has a role 
under a radiological response plan for more than one site, it shall 
fully participate in one exercise every 2 years and shall, at least, 
partially participate in the other offsite plan exercised in this 
period.
    CCNPPI had previously scheduled a full-participation emergency 
preparedness exercise to be conducted on October 21, 2003, to meet the 
requirements of 10 CFR part 50, Appendix E, Section IV.F.2.c. However, 
preparation for Hurricane Isabel and subsequent recovery efforts have 
consumed the resources of the Maryland Emergency Management Agency 
(MEMA) and other local and State agencies having a role under the 
Emergency Response Plan. The drill occurred, as scheduled, without the 
State of Maryland and local agency participation.
    Calvert Cliffs has previously conducted one full-participation 
emergency preparedness drill on September 9, 2002. Additionally, site-
wide non-state participation drills were conducted on June 24, 
September 9, and October 21, 2003. Although not evaluated by NRC and 
FEMA, the June, September, and October 2003 drill results have been 
critiqued by the CCNPPI emergency response organization and 
independently by their Nuclear Plant Assessment Department. Issues 
identified during these drills and critiques are being resolved under 
the licensee's corrective action program.
    Calvert Cliffs has maintained emergency preparedness in accordance 
with the Emergency Response Plan. Requirements for semi-annual health 
physics exercises were met by the conduct of the June, September, and 
October 2003 drills. The requirement for a post-accident sampling 
exercise was met on October 9, 2003. The annual requirement for an 
environmental sampling exercise was met on July 28, 2003. A dose 
assessment office exercise was conducted on October 17, 2003. The 
annual requirement for a severe accident management exercise was met on 
October 21, 2003. State and county agencies conducted a FEMA evaluated 
ingestion pathway exercise on October 22-24, 2003.
    The State of Maryland and local governments have maintained 
radiological emergency preparedness by fully participating in the 
ingestion pathway exercise on October 22-24, 2003. Additionally, the 
State agencies participated in the federally evaluated Peach Bottom 
Atomic Power Station exercise on November 19, 2002. Calvert County 
Public Safety, Calvert Memorial Hospital, and local rescue squads 
participated in a simulated contaminated injury drill at CCNPP on 
August 15, 2002. Two FEMA areas requiring corrective action and one 
planning issue await final dispositioning pending completion of the 
next full participation exercise.
    CCNPPI has discussed the proposed deferral of the full-
participation exercise with FEMA, MEMA, and other local and State 
agencies having a role under the Emergency Response Plan. All of these 
agencies have indicated support for the proposed change in light of 
present circumstances that are beyond their control. Preparation for 
Hurricane Isabel and subsequent recovery efforts have consumed MEMA and 
local county resources that would have otherwise been used to support 
the evaluation scheduled for October 21, 2003.
    The NRC has provided flexibility in scheduling full-participation 
emergency preparedness exercises by allowing licensees to schedule them 
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 Calvert Cliffs full-participation emergency preparedness 
exercise in calendar year 2004 places the exercise past the previously 
scheduled 2003 biennial exercise. However, the interval between 
biennial exercises would, at the most, be about 25 months, which is 
within the parameters of the existing general policy and practice.
    The licensee states that between October 2003 and September 2004, 
measures will be taken to maintain emergency preparedness at CCNPP. 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. For onsite emergency responders, this includes annual 
training and participation in drills. Calvert Cliffs will conduct 
quarterly combined functional and/or activation drills and a self-
evaluated annual exercise. These drills and the self-evaluated annual 
exercise satisfy the drill requirements of 10 CFR part 50, Appendix E, 
IV.F.2.b. Offsite agencies in Maryland are routinely invited to, and 
actively participate in, these drills and exercises as a training 
activity for offsite response personnel. Local response groups conduct 
annual training and participate in emergency operations center drills. 
Representatives of the Calvert Cliffs plant staff meet routinely with 
State and local emergency management and support groups. The 
rescheduling of the biennial exercise has been discussed with these 
parties and is supported by both State and local representatives. These 
measures will maintain an acceptable level of emergency preparedness 
during this period.
    The licensee has met the special circumstances criteria of Sec.  
50.12(a)(2)(ii), (iv) and (v) of 10 CFR. The circumstances dictating 
the request for exemption are beyond the licensee's control and the 
licensee has made a good faith effort to conduct the exercise and 
comply with the regulations. The activities centered around Hurricane 
Isabel rendered the conduct of a full-participation exercise 
impossible. Application of the regulation would not have served the 
underlying purpose of the rule, which is to train employees and offsite 
authorities, in that State and local officials were not available to 
participate in the exercise. Postponement of exercise conduct was a 
benefit to public health and safety by allowing State and local 
resources to be applied to hurricane recovery. There is no decrease in 
safety as the evaluated exercise will be rescheduled in 2004, at a time 
when full-participation of State and local agencies will be possible 
and the licensee's drill program will include offsite agency 
participation as a compensating measure, thus contributing to the 
justification of the exemption. The exemption only provides temporary 
relief from the applicable regulation, in that the licensee is planning 
to conduct the exercise in the next calendar year and has not requested 
any permanent changes in future exercise scheduling. The regulations of 
this part do allow for the postponement of exercises and the 
regulations have been invoked previously for appropriate circumstances. 
This being the case, the occasional need to postpone exercises was 
considered as a potential circumstance. The staff has determined that 
the conduct of the full participation exercise as early as practical in 
2004 is prudent.
    The NRC staff examined the licensee's rationale to support the 
exemption request and as set forth above, has determined that the full-
participation exercise for year 2003 be deferred to 2004 and subsequent 
exercises be scheduled biennially from year 2003.
    Therefore, the staff concludes that granting an exemption under the 
special circumstances of 10 CFR 50.12(a)(2)(ii) is appropriate.

[[Page 75289]]

4.0 Conclusion

    Accordingly, the Commission has determined that, pursuant to 10 CFR 
50.12(a), the exemption is authorized by law, will not endanger life or 
property or common defense and security, and is, otherwise, in the 
public interest. Also, special circumstances are present. Therefore, 
the Commission hereby grants CCNPPI a temporary exemption from the 
requirements of 10 CFR part 50, Appendix E, Section IV.F.2.c with 
respect to the rescheduling of the planned offsite full-participation 
emergency exercise from 2003 to 2004 and subsequent exercises will be 
scheduled biennially from the year 2003.
    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 (68 FR 71172).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 22nd day of December, 2003.

    For the Nuclear Regulatory Commission.
Eric J. Leeds,
Acting Director, Division of Licensing Project Management, Office of 
Nuclear Reactor Regulation.
[FR Doc. 03-31956 Filed 12-29-03; 8:45 am]
BILLING CODE 7590-01-P