[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