[Federal Register Volume 70, Number 243 (Tuesday, December 20, 2005)]
[Notices]
[Pages 75486-75487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-7546]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-280 and 50-281]


Virginia Electric and Power Company, Surry Power Station, Unit 
Nos. 1 and 2; Exemption

1.0 Background

    The Virginia Electric and Power Company (the licensee) is the 
holder of Renewed Facility Operating License Nos. DPR-32 and DPR-37 
that authorizes operation of the Surry Power Station, Unit Nos. 1 and 2 
(Surry). 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 a two pressurized-water reactors located 
in Surry County, Virginia.

2.0 Request/Action

    Section IV.F.2.b 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 biennially. Section 
IV.F.2.c of Appendix E, to 10 CFR Part 50, states that the offsite 
plans for each site shall be exercised biennially with full 
participation by each offsite authority having a role under the plan. 
During such biennial full participation exercises, the NRC staff 
evaluates the onsite emergency preparedness activities, and the Federal 
Emergency Management Agency (FEMA) evaluates the offsite emergency 
preparedness activities, including interaction with its various State 
and local emergency management agencies. The licensee successfully 
conducted a full participation exercise at Surry on July 15, 2003.
    The licensee had scheduled a full participation Radiological 
Emergency Preparedness Exercise for December 6, 2005. Because the 
Virginia Department of Emergency Management (DEM) is currently 
constructing a new Emergency Operations Center (EOC) and this EOC is 
not scheduled to be fully operational until January 2, 2006, the 
Virginia DEM requested approval from FEMA to delay the emergency 
exercise until February 7, 2006, in order to allow the Virginia DEM to 
test its new EOC during the exercise at Surry. By letter dated May 20, 
2005, FEMA approved Virginia DEM's request to delay this exercise until 
the first week of February 2006. Under the current regulations, the 
licensee would have until December 31, 2005, to complete its next full 
participation exercise. The licensee plans to conduct a Federally 
observed full participation emergency exercise on February 7, 2006. 
Future full participation exercises will be scheduled biennially from 
the year 2005.
    By letter dated September 15, 2005, the licensee requested an 
exemption from the requirements of 10 CFR Part 50, Appendix E, Section 
IV.F.2.b and c regarding the biennial exercise and participation of the 
offsite response organizations during a biennial emergency exercise at 
Surry. Subsequently, the NRC staff has determined that the requirements 
of 10 CFR Part 50, Appendix E, Section IV.F.2.b and c are applicable to 
the circumstances of the licensee's request and that an exemption from 
those requirements is appropriate.

3.0 Discussion

    Pursuant to 10 CFR 50.12(a)(1), 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 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. 
However, pursuant to 10 CFR 50.12(a)(2), the Commission 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

[[Page 75487]]

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 exercise is to 
ensure that emergency response 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 
staff has allowed licensees to schedule the exercises at any time 
during the calendar biennium. Conducting the full participation 
exercise at Surry in calendar year 2006 places the exercise past the 
previously scheduled biennial calendar year of 2005.
    Since the last full participation exercise conducted at Surry on 
July 15, 2003, the licensee conducted Full Scale Plume exercises on 
April 13, 2004, and December 6, 2005, and also performed an unannounced 
plume phase exercise on August 25, 2004. In addition, four training 
exercises were conducted. The NRC staff considers the intent of this 
requirement met by having conducted these series of exercises and 
drills. The NRC staff considers these measures to be 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 Surry will resume its normal biennial 
exercise schedule in 2007. 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 the Virginia DEM to postpone the 
exercise. The Virginia DEM requested this delay to allow for the 
completion of the new EOC, which is not scheduled for completion until 
January 2, 2006. In its letter dated May 20, 2005, FEMA stated that it 
supports the schedule change from December 6, 2005, to the first week 
of February 2006.
    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. Therefore, the NRC staff 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 the licensee an exemption from 
the requirements of 10 CFR Part 50, Appendix E, Section IV.F.2.b and c 
for Surry, 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 72666).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 9th day of December 2005.

    For the Nuclear Regulatory Commission.
Edwin M. Hackett,
 Acting Director, Division of Operating Reactor Licensing, Office of 
Nuclear Reactor Regulation.
[FR Doc. E5-7546 Filed 12-19-05; 8:45 am]
BILLING CODE 7590-01-P