[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]
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