[Federal Register Volume 71, Number 52 (Friday, March 17, 2006)]
[Notices]
[Pages 13868-13869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-3924]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-390]
Tennessee Valley Authority; Watts Bar Nuclear Plant, Unit 1;
Exemption
1.0 Background
Tennessee Valley Authority (TVA, the licensee) is the holder of
Facility Operating License No. NPF-90, which authorizes operation of
Watts Bar Nuclear Plant (WBN), Unit 1. The license provides, among
other things, that the facility is subject to all rules, regulations,
and orders of the Nuclear Regulatory Commission (NRC) now or hereafter
in effect. The facility consists of one pressurized-water reactor
located in Rhea County, Tennessee.
2.0 Request/Action
Sections IV.F.2.b and c of Appendix E to Title 10 of the Code of
Federal Regulations (10 CFR) Part 50 require the licensee at each site
to conduct an exercise of its onsite emergency plan and of its offsite
emergency plans biennially with full or partial participation by each
offsite authority having a role under the plan. During such biennial
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. TVA successfully conducted an exercise
at WBN during the week of November 5, 2003.
The licensee had scheduled a plume exposure pathway exercise for
November 2, 2005, however, due to Hurricane Katrina, the Tennessee
Emergency Management Agency (TEMA) was unable to support the exercise.
Under the current regulations, the licensee would have had until
December 31, 2005, to complete their next exercise. Instead, the
licensee will conduct an evaluated exercise on June 7, 2006. Future
exercises will be scheduled biennially from the year 2005.
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.
3.0 Discussion
The underlying purpose for conducting a biennial 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 exercises, the NRC has allowed licensees
to schedule the exercises at any time during the calendar biennium.
Conducting the WBN exercise in calendar year 2006 places the exercise
past the previously scheduled biennial calender year of 2005.
Since the last exercise conducted at WBN on November 5, 2003, WBN
has conducted four training drills, a full scale plume phase off-year
exercise on November 3, 2004, and an integrated training drill on
September 28, 2005. 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
[[Page 13869]]
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 WBN will resume their 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 TEMA to postpone the exercise.
TEMA was unable to support the original schedule for the exercise due
to a series of severe weather events. FEMA stated, ``Based on the
impact that the response to Hurricane Katrina had on the State of
Tennessee, we are agreeing to the postponement of the Watts Bar Nuclear
Plant exercise until June 2006.''
The NRC staff, having considered the schedule and resource issues
with those agencies that participate in and evaluate the offsite
portion of the 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 TVA an exemption from the
requirements of 10 CFR Part 50, Appendix E, Sections IV.F.2.b and c for
WBN, Unit 1.
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 76470).
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 20th day of December, 2005.
For the Nuclear Regulatory Commission.
Catherine Haney,
Director, Division of Operating Reactor Licensing, Office of Nuclear
Reactor Licensing.
[FR Doc. E6-3924 Filed 3-16-06; 8:45 am]
BILLING CODE 7590-01-P