[Federal Register Volume 70, Number 84 (Tuesday, May 3, 2005)]
[Notices]
[Page 22927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-2107]
[[Page 22927]]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-348 and 50-364]
Southern Nuclear Operating Company; Joseph M. Farley Nuclear
Power Plant, Units 1 and 2; Exemption
1.0 Background
The Southern Nuclear Operating Company (SNC or the licensee) is the
holder of Facility Operating License Nos. NPF-2 and NPF-8 that
authorizes operation of Joseph M. Farley Nuclear Power Plant (FNP),
Units 1 and 2. The license provides, among other things, that the
facility is subject to all rules, regulations, and orders of the
Nuclear Regulatory Commission (NRC, the Commission) now or hereafter in
effect.
The facility consists of two pressurized-water reactors located in
Houston County, Alabama.
2.0 Request/Action
Section IV.F.2.b and c of Appendix E, to Title 10 of the Code of
Federal Regulations (10 CFR) Part 50 requires the licensee at each site
to conduct an exercise of its onsite emergency plan and of its offsite
emergency plans biennially with full participation by each offsite
authority having a role under the plan. During such biennial full
participation exercises, the NRC evaluates onsite and the Federal
Emergency Management Agency (FEMA) evaluates offsite emergency
preparedness activities, including interaction with the various State
and local emergency management agencies (EMA). SNC successfully
conducted a full-participation exercise at FNP during the week of
August 21, 2002.
The licensee had scheduled a full participation plume exposure
pathway exercise for August 18, 2004, however, due to Hurricane
Charley, Alabama EMA and FEMA were unable to support the exercise.
Under the current regulations, the licensee would have had until
December 31, 2004, to complete their next full-participation exercise.
The licensee will conduct a Federally observed full-participation
emergency exercise August 24-25, 2005. Future full-participation
exercises will be scheduled biennially from the year 2004.
By letter dated December 13, 2004, the licensee requested an
exemption from Section IV.F.2.e of Appendix E to 10 CFR part 50
regarding the full participation by each offsite authority having a
role under the plan. The NRC staff determined that the requirements of
Section IV.F.2.e are not applicable to the circumstances of the
licensee's request and, accordingly, no exemption from those
requirements is being granted. However, the NRC staff has determined
that the requirements of Appendix E to 10 CFR part 50, Sections
IV.F.2.b and 2.c are applicable to the circumstances of the licensee's
request and that an exemption from those requirements is appropriate.
3.0 Discussion
The Commission, pursuant to 10 CFR 50.12(a)(1), may grant
exemptions from the requirements of 10 CFR part 50 that are authorized
by law, will not present an undue risk to public health and safety, and
are consistent with the common defense and security. The Commission,
however, pursuant to 10 CFR 50.12(a)(2), will not consider granting an
exemption unless 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. 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 underlying purpose for conducting a biennial full-participation
exercise is to ensure that emergency organization personnel are
familiar with their duties and to test the adequacy of emergency plans.
In order to accommodate the scheduling of full participation exercises,
the NRC has allowed licensees to schedule the exercises at any time
during the calendar biennium. Conducting the FNP full-participation
exercise in calendar year 2005 places the exercise past the previously
scheduled biennial calender year of 2004.
Since the last full-participation exercise conducted at FNP on
August 21, 2002, FNP has conducted two annual, Full Scale Plume Phase
exercises on August 27, 2003, and July 28, 2004. In addition, the
licensee conducted an offhour/unannounced exercise on September 23,
2003. Six other drills were also conducted. The NRC staff considers the
intent of this requirement is met by having conducted these series of
exercises and drills. The NRC staff considers that these measures are
adequate to maintain an acceptable level of emergency preparedness
during this period, satisfying the underlying purpose of the rule.
Therefore, the special circumstances of 10 CFR 50.12(a)(2)(ii) are
satisfied.
Only temporary relief from the regulation is provided by the
requested exemption since FNP will resume their normal biennial
exercise schedule in 2006. The licensee has made a good faith effort to
comply with the regulation. The exemption is being sought by the
licensee in response to a request by Alabama EMA and FEMA to postpone
the exercise. Alabama EMA and FEMA were unable to support the original
schedule for the exercise due to a series of severe weather events.
FEMA stated that they support the newly scheduled August 24-25, 2005,
exercise in a letter to the licensee dated October 21, 2004.
The NRC staff, having considered the schedule and resource issues
with those agencies that participate in and evaluate the offsite
portion of the full-participation exercises, concludes that the
licensee made a good faith effort to meet the requirements of the
regulation. The NRC staff, therefore, concludes that the exemption
request meets the special circumstances of 10 CFR 50.12(a)(2)(v) and
should be granted.
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, the Commission hereby grants SNC an exemption from the
requirements of 10 CFR part 50, Appendix E, Section IV.F.2.b and c for
FNP, Units 1 and 2.
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 19107).
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 13th 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. E5-2107 Filed 5-2-05; 8:45 am]
BILLING CODE 7590-01-P