[Federal Register Volume 76, Number 198 (Thursday, October 13, 2011)]
[Notices]
[Pages 63668-63670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-26488]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-285; NRC-2011-0239]


Omaha Public Power District; Fort Calhoun Station, Unit 1; 
Exemption

1.0 Background

    Omaha Public Power District (OPPD or the licensee) is the holder of 
Renewed Facility Operating License No. DPR-40, which authorizes 
operation of the Fort Calhoun Station, Unit 1 (FCS). 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 
Washington County, Nebraska.

2.0 Request/Action

    Title 10 of the Code of Federal Regulations (10 CFR), part 50, 
Appendix E, Sections IV.F.2.b and c require each licensee at each site 
to conduct an exercise of its onsite and offsite emergency plans 
biennially with full participation by each offsite authority having a 
role under the radiological response plan. During a biennial full 
participation emergency preparedness (EP) exercise, the NRC evaluates 
onsite EP activities while the Federal Emergency Management Agency 
(FEMA) evaluates offsite EP activities. FEMA's evaluation includes 
interactions with State and local

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emergency management agencies (EMAs).
    On June 6, 2011, FCS personnel declared a Notification of Unusual 
Event (NOUE) due to flooding of the Missouri River impacting FCS 
operation. The emergency condition was exited on August 29, 2011, when 
the Missouri River water level receded below the NOUE entry conditions. 
The states of Nebraska and Iowa expected Missouri River flood 
conditions to continue through the summer of 2011, followed by an 
extensive cleanup/recovery process into the last quarter of calendar 
year 2011.
    FCS successfully conducted a full-participation EP exercise during 
the week of July 21, 2009. The licensee had scheduled its next full-
participation biennial EP exercise for October 18, 2011; however, due 
to the impact of existing and projected Missouri River flood conditions 
on FCS and state and local recovery efforts, the licensee is requesting 
a deferral of its scheduled full-participation EP exercise until 
calendar year 2012.
    The licensee states that this exemption request is justified by the 
existing and projected flood conditions of the Missouri River at FCS 
and its impact of the recovery actions on plant personnel, including 
emergency preparedness and response personnel. The licensee further 
states that the flood conditions have had a significant impact on the 
EMAs in Nebraska, Iowa, and local communities. State and local 
government agencies and response organizations required to participate 
in the FCS biennial EP exercise are directly involved in the response, 
recovery, and other continuing activities associated with the flooding 
of the Missouri River. It is in the best interest of the public to 
allow continued support of these ongoing efforts by the affected 
government agencies and response organizations without unnecessary 
distractions.
    By letters dated July 28, 2011, the Nebraska and Iowa EMAs formally 
requested FEMA to defer the evaluation of offsite response 
organizations at FCS (Agencywide Documents Access and Management System 
(ADAMS) Accession Nos. ML112521454 and ML112521462, respectively). By 
letters to the Nebraska and Iowa EMAs dated August 18, 2011 (ADAMS 
Accession Nos. ML112420741 and ML112420753, respectively), FEMA agreed 
to the proposed postponement of the 2011 plume exposure pathway EP 
exercise until 2012.
    Only temporary relief from the regulations is requested. FCS will 
resume its normal biennial EP exercise schedule in 2013.

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 when the exemptions are (1) 
authorized by law, will not present an undue risk to the public health 
and safety, and are consistent with the common defense and security; 
and (2) special circumstances are present. These special circumstances 
include the impact on the licensee's resources in support of onsite 
recovery actions and the impact on state and local government agencies 
and response organizations directly involved in the response, recovery, 
and other continuing activities associated with the Missouri River 
flooding.

Authorized by Law

    This exemption would allow the licensee to accommodate impacts on 
onsite and offsite resources by postponing the biennial EP exercise 
from the previously scheduled date of October 18, 2011, until 2012.
    As stated above, 10 CFR 50.12 allows the NRC to grant exemptions 
from the requirements of 10 CFR part 50. 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 purposes for conducting a biennial full-
participation EP exercise are to ensure that emergency organization 
personnel are familiar with their duties and to test the adequacy of 
emergency plans. Additionally, 10 CFR part 50 Appendix E, Section 
IV.F.2.b requires licensees to maintain adequate emergency response 
capabilities during the intervals between biennial EP exercises by 
conducting drills to exercise the principal functional areas of 
emergency response. In order to accommodate the scheduling of full 
participation EP exercises, the NRC has allowed licensees to schedule 
the exercises at any time during the calendar biennium. Conducting the 
FCS full-participation EP exercise in calendar year 2012 places the 
exercise past the previously scheduled biennial calendar year of 2011.
    The previous biennial full participation EP exercise of the FCS 
emergency plan was performed on July 21, 2009. The results of this 
exercise revealed that the overall performance of the emergency 
response organization demonstrated the implementation of adequate 
onsite emergency plans. The NRC evaluated the 2009 biennial EP exercise 
and provided the evaluation results in NRC integrated inspection report 
05000285/2009004 dated November 13, 2009 (ADAMS Accession No. 
ML093170424). No NRC findings of significance with respect to the EP 
exercise were identified.
    OPPD completed several drills and an off-year exercise subsequent 
to the July 21, 2009, exercise. Details on the drills and exercise were 
provided in Table 1 of Attachment 2 to the licensee's exemption request 
dated July 29, 2011 (ADAMS Accession No. ML112130144). The drills and 
off-year exercise encompassed the principal functional areas of 
emergency response, including management, coordination of emergency 
response, accident assessment, protective action decision making, 
public alerting and notification procedures, and plant systems 
diagnostics, repairs, and corrective actions.
    The NRC staff considers the intent of 10 CFR Part 50, Appendix E, 
Sections IV.F.2.b and c met by having conducted this series of training 
drills.
    Based on the above, no new accident precursors are created by 
allowing the licensee to postpone the biennial full participation EP 
exercise until 2012. 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 FCS to reschedule its biennial 
full participation EP exercise, originally scheduled for October 18, 
2011, to a date mutually agreeable to the NRC, OPPD, and other affected 
offsite agencies in 2012. This change to the EP exercise schedule has 
no relation to security issues. Therefore, the common defense and 
security is not impacted by this exemption.

Special Circumstances

    Pursuant to 10 CFR 50.12(a)(2), the NRC will consider granting an 
exemption to the regulations if special circumstances are present. This 
exemption request meets the special circumstances of paragraphs:

    (a)(2)(ii) 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;

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    (a)(2)(iv) The exemption would result in benefit to the public 
health and safety that compensates for any decrease in safety that 
may result from the grant of the exemption;
    (a)(2)(v) 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.

    With respect to 10 CFR 50.12(a)(2)(ii), the underlying purpose of 
10 CFR part 50, Appendix E, Sections IV.F.2.b and c are to ensure that 
emergency response organization personnel are familiar with their 
duties, to test the adequacy of emergency plans, and to identify and 
correct weaknesses. The intent of this requirement is also met by the 
scheduled emergency plan participation drills and exercises, and 
provides a benefit by allowing for more opportunities for training of 
response personnel.
    The training drills and off-year exercise conducted at FCS since 
the last biennial full participation EP exercise on July 21, 2009, have 
demonstrated the capability of onsite and offsite personnel, meeting 
the intent of these requirements. These measures are adequate to 
maintain an acceptable level of emergency preparedness, satisfying the 
underlying purpose of the rule. Therefore, the special circumstances of 
10 CFR 50.12(a)(2)(ii) are satisfied.
    With respect to 10 CFR 50.12(a)(2)(iv), the licensee states that 
the state and local government agencies and response organizations that 
are required to participate in the FCS biennial EP exercise are 
directly involved in the response, recovery, and other continuing 
activities associated with the Missouri River floods, straining the 
resources of the emergency management teams. Therefore, requiring them 
to divert their efforts to perform an EP exercise may result in undue 
stress and risk to the general public and plant personnel. Allowing the 
affected state and local government agencies, and response 
organizations to continue their undistracted efforts in response to the 
Missouri River flood conditions is in the best interest of the public. 
Therefore, the special circumstances of 10 CFR 50.12(a)(2)(iv) are 
satisfied.
    With respect to 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 requested exemption is 
a one-time schedule exemption to allow deferral of the biennial full 
participation EP exercise of the FCS emergency plan from October 18, 
2011, until calendar year 2012 on a date mutually agreeable to the NRC, 
OPPD, and other affected offsite agencies. OPPD is only requesting 
temporary relief from the regulation as FCS will resume its normal 
biennial EP exercise schedule in 2013.
    Full participation in the biennial EP exercise of affected offsite 
government agencies and response organizations had been established and 
coordinated until it was determined that participation in the biennial 
exercise would hinder the offsite agencies in the response, recovery, 
and other activities associated with the Missouri River flooding. The 
licensee has made good faith efforts to comply with the regulations as 
the conditions necessitating the requested exemption could not have 
been foreseen and are beyond the control of OPPD personnel. The 
requested exemption would provide only temporary relief from the 
applicable regulation and the licensee has made a good faith effort to 
comply with the regulation. Therefore, the special circumstances of 10 
CFR 50.12(a)(2)(v) are satisfied.
    Thus, this exemption request meets the special circumstances of 10 
CFR 50.12(a)(2).

4.0 Environmental Consideration

    This exemption authorizes a one-time exemption from the 
requirements of 10 CFR 50 Appendix E, Sections IV.F.2.b and c for FCS. 
The NRC staff has determined that this exemption involves no 
significant hazards considerations:
    (1) The proposed exemption is limited to postponing the 2011 
biennial full-participation EP exercise for FCS until 2012 on a one-
time only basis. The proposed exemption does not make any changes to 
the facility or operating procedures and does not alter the design, 
function or operation of any plant equipment. Therefore, issuance of 
this exemption does not increase the probability or consequences of an 
accident previously evaluated.
    (2) The proposed exemption is limited to postponing the 2011 full-
participation EP biennial exercise for FCS until 2012 on a one-time 
only basis. The proposed exemption does not make any changes to the 
facility or operating procedures and would not create any new accident 
initiators. The proposed exemption does not alter the design, function 
or operation of any plant equipment. Therefore, this exemption does not 
create the possibility of a new or different kind of accident from any 
accident previously evaluated.
    (3) The proposed exemption is limited to postponing the 2011 
biennial full-participation EP exercise for FCS until 2012 on a one-
time only basis. The proposed exemption does not alter the design, 
function or operation of any plant equipment. Therefore, this exemption 
does not involve a significant reduction in the margin of safety.
    Based on the above, the NRC staff concludes that the proposed 
exemption does not involve a significant hazards consideration under 
the standards set forth in 10 CFR 50.92(c), and accordingly, a finding 
of ``no significant hazards consideration'' is justified.
    The NRC staff has also determined that the exemption involves no 
significant increase in the amounts, and no significant change in the 
types, of any effluents that may be released offsite; that there is no 
significant increase in individual or cumulative occupational radiation 
exposure; that there is no significant construction impact; and there 
is no significant increase in the potential for or consequences from a 
radiological accident. Furthermore, the requirement from which the 
licensee will be exempted involves scheduling requirements. 
Accordingly, the exemption meets the eligibility criteria for 
categorical exclusion set forth in 10 CFR 51.22(c)(25). Pursuant to 10 
CFR 51.22(b) no environmental impact statement or environmental 
assessment need be prepared in connection with the issuance of the 
exemption.

5.0 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 OPPD an exemption from the 
requirements of 10 CFR part 50, Appendix E, sections IV.F.2.b and c to 
conduct the biennial full participation EP exercise required for 2011, 
and to permit the exercise to be conducted by 2012 for FCS.
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 5th day of October 2011.

    For the Nuclear Regulatory Commission.
Michele G. Evans,
Director, Division of Operating Reactor Licensing, Office of Nuclear 
Reactor Regulation.
[FR Doc. 2011-26488 Filed 10-12-11; 8:45 am]
BILLING CODE 7590-01-P