[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