[Federal Register Volume 70, Number 69 (Tuesday, April 12, 2005)]
[Notices]
[Pages 19105-19106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-1677]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-321, 50-366, 50-348, 50-364, 50-424, and 50-425]


Southern Nuclear Operating Company, Inc.; Edwin I. Hatch Nuclear 
Plant, Units 1 and 2; Joseph M. Farley Nuclear Plant, Units 1 and 2; 
Vogtle Electric Generating Plant, Units 1 and 2; Exemption

1.0 Background

    The Southern Nuclear Operating Company, Inc. (SNC or the licensee), 
is the holder of Facility Operating Licenses No. DPR-57, NPF-5, NPF-2, 
NPF-8, NPF-68, and NPF-81, which authorize operation of Edwin I. Hatch 
Nuclear Plant, Units 1 and 2 (Hatch), Joseph M. Farley Nuclear Plant, 
Units 1 and 2 (Farley), and Vogtle Electric Generating Plant, Units 1 
and 2 (Vogtle), respectively. The licenses provide, among other things, 
that these facilities are subject to all rules, regulations, and orders 
of the Nuclear Regulatory Commission (NRC, the Commission) now or 
hereafter in effect.
    The facilities consist of boiling water reactors located in Appling 
County in Georgia (Hatch), and pressurized water reactors in Houston 
County, Alabama (Farley), and Burke County, Georgia (Vogtle).

2.0 Request/Action

    Title 10 of the Code of Federal Regulations (10 CFR), Part 50, 
requires in Appendix E, Section E, that adequate provisions shall be 
made and described for emergency facilities and equipment, including a 
licensee onsite technical support center and a licensee near-site 
emergency operations facility (EOF) from which effective direction can 
be given and effective control can be exercised during an emergency. 
Additionally, 10 CFR 50.47(b)(3) states in part, `` * * * arrangements 
to accommodate State and local staff at the licensee's near-site EOF 
have been made * * *'' The Commission issued NUREG-0696, ``Functional 
Criteria for Emergency Response Facilities,'' and Supplement 1 to 
NUREG-0737, ``Clarification of TMI Action Plan Requirements,'' to 
provide guidance regarding acceptable methods for meeting its EOF 
emergency preparedness requirements. In addition, NUREG-0654/FEMA-REP-
1, ``Criteria for Preparation and Evaluation of Radiological Emergency 
Response Plans and Preparedness in Support of Nuclear Power Plants,'' 
Evaluation Criterion H.2, states: ``Each licensee shall establish an 
Emergency Operations Facility from which evaluation and coordination of 
all licensee activities related to an emergency is carried out and from 
which the licensee shall provide information to Federal, State and 
local authorities responding to radiological emergencies in accordance 
with NUREG-0696, Revision 1.''
    Both NUREG-0696, Table 2 and Supplement 1 to NUREG-0737, Table 1 
specify that the EOF should be located between 10 and 20 miles from the 
site, but a primary EOF may be located closer than 10 miles if a backup 
EOF is located within 10 to 20 miles of the Technical Support Center. 
For cases where the licensee proposed an exception involving a greater 
deviation, and for all Corporate EOF (CEOF) proposals, the NRC staff is 
required to obtain Commission approval. In SNC's proposal dated October 
16, 2003, and as supplemented on April 15 and August 16, 2004, the 
licensee requested approval to consolidate the near-site EOFs and back-
up EOFs for Hatch, Farley, and Vogtle into a single EOF located at 
SNC's corporate location in Birmingham, Alabama.
    Prior requests by other licensees to relocate EOFs to a location 
greater than 20 miles from associated reactor sites did not result in 
the NRC staff requiring an exemption to 10 CFR Part 50 Appendix E, and 
10 CFR 50.47. However, the licensee's proposal to locate the EOFs in 
Birmingham, AL, is 1\1/2\ to 2\1/2\ times farther than any previous 
NRC-approved distance. At this distance, the SNC common EOF can not 
reasonably be considered to be ``near-site.'' Therefore, the NRC staff 
determined that an exemption to the regulations that require an EOF to 
be near-site is required prior to implementation of the SNC CEOF. In 
order to ensure that NRC actions are timely, effective, and efficient, 
the staff is initiating this exemption request under 10 CFR 50.12.

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)(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.The

[[Page 19106]]

underlying purpose of the 10 CFR Part 50, Appendix E and 10 CFR 
50.47(b)(3) is to provide reasonable assurance that adequate protective 
measures can and will be implemented in the event of a radiological 
emergency. Specifically, adequate protective measures are those that 
provide effective direction and control, protective actions for the 
public, and coordination of the emergency response effort with Federal, 
State, and local agencies.
    The staff relied upon the licensee's submittals to evaluate whether 
the licensee's proposal to consolidate the EOF's for Hatch, Vogtle, and 
Farley meets the underlying purpose of 10 CFR Part 50, Appendix E and 
10 CFR 50.47(b)(3). Advancements in communications, monitoring 
capabilities, computer technology, the familiarity of the NRC staff 
with the use of common EOFs, and the SNC's emergency response 
strategies will continue to provide reasonable assurance that adequate 
protective measures can and will be implemented in the event of a 
radiological emergency.
    The common EOF in Birmingham, AL, meets the functional and 
availability characteristics for carrying out the functions of a 
``near-site'' EOF. The remote location of the common EOF could aid in 
response to a security event as the licensee can effectively mobilize 
and manage its resources and communicate effectively with the site, 
Federal, State, and local emergency management. However, the former 
near-site EOFs or equivalent ``near-site'' facilities may be needed to 
accommodate an NRC site team. Therefore, as a condition of this 
exemption, SNC must provide a functional working space of approximately 
75 square feet per person for up to 10 people; including NRC, State, 
and FEMA representatives at the former EOFs or equivalent ``near-site'' 
facilities. In addition, the licensee will maintain telecommunications 
and habitability provisions (i.e., standard office lighting, furniture, 
heating and ventilating systems, and electrical power outlets) at these 
facilities to support the 10 people.
    The NRC staff observed a dual-site drill on July 14, 2004, 
involving Farley and Hatch. The staff observed the licensee's 
notification process, staffing, communication, technical support, dose 
assessment, protective action recommendation process, coordination with 
offsite officials, and overall command and control. The licensee 
demonstrated the capability to respond to a dual-site emergency event. 
EOF staffing was in accordance with the SNC's procedures. The offsite 
agencies received timely and accurate information, and adequate 
protective measures were recommended to protect the public health and 
safety.
    In summary, the licensee's proposal to consolidate the near-site 
EOFs for Hatch, Farley, and Vogtle to SNC's corporate location in 
Birmingham, Alabama meets the underlying purpose of the rule, see 10 
CFR 50.12(a)(2)(ii). As evinced in SNC's submittals the new EOF 
location can perform all of the functions of a ``near-site'' location 
as contemplated by the regulations. Relocation of the EOFs to the 
proposed site will continue to provide reasonable assurance that 
adequate protective measures can and will be implemented in the event 
of a radiological emergency. Therefore, SNC has demonstrated that 
special circumstances exist such that an exemption is warranted.

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. 
Therefore, as specified herein, the Commission hereby grants Southern 
Nuclear Operating Company, Inc., an exemption from the ``near-site'' 
requirements of 10 CFR Part 50, Appendix E, Section E.8. and 10 CFR 
50.47(b)(3), subject to maintaining the functionality of the former 
near-site EOF or equivalent near-site facilities.
    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 (70 FR 10417).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 6th day of April 2005.

    For the Nuclear Regulatory Commission.
Ledyard B. Marsh,
Director, Division of Licensing Project Management, Office of Nuclear 
Reactor Regulation.
[FR Doc. E5-1677 Filed 4-11-05; 8:45 am]
BILLING CODE 7590-01-P