[Federal Register Volume 70, Number 84 (Tuesday, May 3, 2005)]
[Notices]
[Pages 22928-22929]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-2109]
[[Page 22928]]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-424 and 50-425]
Southern Nuclear Operating Company; Vogtle Electric Generating
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-68 and NPF-81 that
authorizes operation of Vogtle Electric Generating Plant (VEGP), 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
Burke County, Georgia.
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 plans and 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 it's various State
and local emergency management agencies. SNC's previously scheduled
full-participation exercise at VEGP was successfully conducted during
the week of June 12, 2002.
The licensee had scheduled a full-participation exercise for
September 2004, however, FEMA requested that the exercise be postponed
to enable the Georgia Emergency Management Agency to respond to
multiple hurricanes. FEMA subsequently consulted with the States of
Georgia and South Carolina, and in a letter to the Georgia Emergency
Management Agency dated November 23, 2004, FEMA approved rescheduling
the full-participation exercise to February 2005. Under the current
regulations, the licensee would have had until December 31, 2004, to
complete it's next full-participation exercise.
By letter dated December 10, 2004, the licensee requested an
exemption from Section IV.F.2.e of Appendix E to 10 CFR part 50
regarding the requirement to conduct a biennial full-participation
exercise. 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 scheduling of a full participation exercise,
the NRC has allowed licensees to schedule the exercises at any time
during the calendar biennium. Conducting the VEGP full-participation
exercise in calendar year 2005 as proposed places the exercise past the
previously scheduled biennial calender year of 2004.
Since the last full-participation exercise conducted at VEGP, Units
1 and 2 on June 12, 2002, VEGP conducted two annual Full Scale Plume
Phase exercises on November 5, 2003, and June 30, 2004, and an off-
hour/unannounced exercise on November 8, 2004. Six other emergency plan
drills have also been conducted since June 2002. The NRC staff
considers that 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.
The licensee also stated in its letter dated December 10, 2004,
that only temporary relief from the regulation is requested for the
exemption, since VEGP will resume its normal biennial exercise cycle in
2006. The NRC staff also found that the licensee made a good faith
effort to comply with the regulation by originally scheduling the full
participation exercise within the calendar biennium, in accordance with
the regulation. The exemption is being sought by the licensee in
response to a request by FEMA to reschedule the exercise. As documented
in FEMA letter dated November 23, 2004, the Georgia Emergency
Management Agency was unable to support the original schedule for the
exercise due to a series of severe weather events that impacted its
available resources. FEMA, in consultation with the States of Georgia
and South Carolina, proposed a rescheduled date for the exercise that
is beyond that allowed by the regulations.
The NRC staff, having considered the schedule and resource issues
associated with those agencies that participate in and evaluate the
offsite portion of 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
VEGP, 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 19108).
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 13th day of April 2005.
[[Page 22929]]
For the Nuclear Regulatory Commission.
Ledyard B. Marsh,
Director, Division of Licensing Project Management, Office of Nuclear
Reactor Regulation.
[FR Doc. E5-2109 Filed 5-2-05; 8:45 am]
BILLING CODE 7590-01-P