[Federal Register Volume 74, Number 245 (Wednesday, December 23, 2009)]
[Notices]
[Pages 68286-68287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30482]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-395; NRC-2009-0566]
South Carolina Electric and Gas Company, Virgil C. Summer Nuclear
Station, Unit 1; Exemption
1.0 Background
The South Carolina Electric and Gas Company (the licensee) is the
holder of Facility Operating License No. NPF-12 which authorizes
operation of the Virgil C. Summer Nuclear Station, 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, the Commission) now or hereafter in effect. The facility consists
of a pressurized-water reactor located in Fairfield County in South
Carolina.
2.0 Request/Action
Title 10 of the Code of Federal Regulations (10 CFR), Part 50,
Appendix E, Section IV.F.2.b requires that ``Each licensee at each site
shall conduct an exercise of its onsite emergency plan every 2 years. *
* *'' By letters dated October 15, and November 3, 2009, the licensee
requested a one-time exemption from this requirement that would allow
postponing the onsite portion of the biennial emergency preparedness
exercise from October 2009 until April 2010.
The licensee states that it has made a good faith effort to comply
with the regulation in that the biennial exercise was previously
scheduled to be performed on October 7, 2009. The licensee further
states, ``However, a plant trip occurred on October 2, 2009 due to
failure of the main generator output breaker. The plant trip required
redirection of station resources to respond to the forced outage and to
perform recovery activities. Since the recovery efforts were a major
distraction, the decision was made to postpone the exercise.'' The
licensee states that it did participate in the offsite portion of the
exercise on October 7, 2009, with Federal, state and local authorities.
Therefore, since the scenario for the exercise is known to the licensee
emergency response organization (ERO) team members designated for the
offsite portion of the exercise, the scenario will require modification
for the forthcoming onsite portion of the exercise and a new ERO team
will need to be selected to participate in the onsite portion of the
biennial exercise.
In summary, as a result of the impact of the combined need to
repair the generator output breaker, an ongoing extensive refueling
outage, the associated unavailability of key station personnel and the
need to perform activities to support the onsite portion of the
exercise, the licensee requests an exemption that would allow
rescheduling the onsite portion of the exercise from the year 2009
until April 2010.
3.0 Discussion
Pursuant to 10 CFR 50.12, the Commission may, upon application by
any interested person or upon its own initiative, grant exemptions from
the requirements of 10 CFR Part 50, Appendix E, when (1) 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; and
(2) when special circumstances are present.
Authorized by Law
This exemption would allow the licensee to accommodate these
impacts upon its resources by postponing the onsite portion of the
exercise from the previously scheduled date of October 2009 until April
2010.
As stated above, 10 CFR 50.12 allows the NRC to grant exemptions
from the requirements of 10 CFR Part 50, Appendix E. The NRC staff has
determined that granting of the licensee's proposed exemption will not
result in a violation of the Atomic Energy Act of 1954, as amended, or
the Commission's regulations. Therefore, the exemption is authorized by
law.
No Undue Risk to Public Health and Safety
The underlying purpose of 10 CFR 50, Appendix E, Section IV.F.2.b
requiring licensees to conduct a biennial exercise is to ensure that
ERO personnel are familiar with their duties and to test the adequacy
of emergency plans. In addition, 10 CFR 50, Appendix E, Section
IV.F.2.b also requires licensees to maintain adequate emergency
response capabilities during the intervals between biennial exercises
by conducting drills to exercise the principal functional areas of
emergency response. 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
VCSNS full-participation exercise in calendar year 2010 places the
exercise past the previously scheduled biennial calendar year of 2009.
Since the last biennial exercise on October 2, 2007, the licensee has
conducted nine full-Station participation training drills to exercise
these principal functional areas, including an after-hours augmentation
drill. In addition, at the request of the Federal Emergency Management
Agency (FEMA), the licensee supported the State and local authorities
with the offsite portion of the biennial exercise on October 7, 2009,
thereby facilitating the FEMA evaluation of the State and local
authorities. The NRC staff considers the intent of this requirement is
met by having conducted these series of training drills.
Based on the above, no new accident precursors are created by
allowing the licensee to postpone the onsite portion of the exercise
from the previously scheduled date of October 2009 until April 2010.
Thus, the probability and consequences of postulated accidents are not
increased. Therefore, there is no undue risk to public health and
safety.
Consistent With Common Defense and Security
The proposed exemption would allow rescheduling of the onsite
portion of the biennial emergency planning exercise from the previously
scheduled date of October 2009 until April 2010. This change to the
emergency planning exercise schedule has no relation to security
issues. Therefore, the common defense and security is not impacted by
this exemption.
Special Circumstances
For regulations that require special circumstances for exemptions
in accordance with 10 CFR 50.12, special circumstances are present
whenever application of the regulation in the particular circumstances
is not necessary to achieve the underlying purpose of the rule. The
underlying purpose of 10 CFR 50, Appendix E, Section IV.F.2.b requiring
licensees to conduct a biennial exercise is to ensure that ERO
personnel are familiar with their duties and to test the adequacy of
[[Page 68287]]
emergency plans. As a result of the licensee participating in the
offsite portion of the exercise performed on October 7, 2009, the
exercise scenario would be compromised with respect to having the
licensee's ERO subsequently conduct the onsite exercise in accordance
with that scenario. Thus, to ensure exercise integrity, the scenario
will require modification and a new ERO will be selected to participate
in the onsite portion of the biennial exercise. The licensee states
that with the station currently in a refueling outage, key personnel
are not available to complete the scenario modification activities and
conduct the exercise prior to the end of calendar year 2009. Section
IV.F.2.b of 10 CFR Part 50, Appendix E requires licensees at each site
to conduct an exercise of onsite emergency plans biennially with full-
participation by each offsite authority having a role under the plan.
Since the licensee has conducted nine full-Station participation
training drills and supported the FEMA evaluation of the State and
local authorities, 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, since the underlying purpose of 10 CFR 50, Appendix E,
Section IV.F.2.b is achieved, the special circumstances required by 10
CFR 50.12 for the granting of an exemption exist.
Under 10 CFR 50.12(a)(2)(v), special circumstances are also 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 NRC staff finds that the
licensee has made good faith efforts to comply with the emergency
planning regulations in that it had previously scheduled the onsite
portion of the exercise for October 2009 and it had also implemented
other emergency planning requirements by conducting the series of
onsite drills and the offsite portion of the exercise, as discussed
above.
4.0 Conclusion
Accordingly, the Commission has determined that, pursuant to 10 CFR
50.12, 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 South Carolina Electric and
Gas Company an exemption from the requirements of 10 CFR Part 50,
Appendix E, Section IV.F.2.b to conduct the onsite portion of the
biennial emergency planning exercise required for 2009, to permit that
part of the exercise to be conducted by April 30, 2010 for the Virgil
C. Summer Nuclear Station, 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 (74 FR 66697).
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 17th day of December 2009.
For the Nuclear Regulatory Commission.
Joseph. G. Giitter,
Director, Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
[FR Doc. E9-30482 Filed 12-22-09; 8:45 am]
BILLING CODE 7590-01-P