[Federal Register Volume 77, Number 1 (Tuesday, January 3, 2012)]
[Notices]
[Pages 135-137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-33683]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-219; NRC-2011-0287]
Exelon Generation Company, LLC, Oyster Creek Nuclear Generating
Station; Exemption
1.0 Background
The Exelon Generation Company, LLC (the licensee) is the holder of
Facility Operating License No. DPR-16, which authorizes operation of
the Oyster Creek Nuclear Generating Station (OCNGS). The license
provides, among other things, that the facility is subject to all
rules, regulations, and orders of the U.S. Nuclear Regulatory
Commission (NRC or the Commission) now or hereafter in effect. The
facility consists of a boiling-water reactor located in Ocean County,
New Jersey.
[[Page 136]]
2.0 Request/Action
Title 10 of the Code of Federal Regulations (10 CFR), Part 50,
Appendix E, Section IV.F.2.c requires that ``Offsite plans for each
site shall be exercised biennially with full participation by each
offsite authority having a role under the radiological response plan.''
By letter dated September 30, 2011 (Agencywide Documents Access and
Management System (ADAMS) Accession No. ML112730283), the licensee
requested a one-time exemption from this requirement that would allow
the licensee to delay conduct of certain offsite portions of a biennial
emergency preparedness (EP) exercise from September 27, 2011, to June
2012. The licensee's request states that Hurricane Irene passed through
New Jersey on August 28, 2011, causing widespread damage and flooding
in the surrounding area, and that the event required the response of
the New Jersey State Office of Emergency Management (OEM), the Ocean
County OEM, numerous other state departments, and the Division of State
Police.
Because of its ongoing response to and recovery from Hurricane
Irene, the New Jersey OEM and Ocean County OEM requested that OCNGS
reschedule specific functions of the offsite portion of the biennial EP
exercise scheduled for September 27, 2011. The licensee states in their
request that the New Jersey OEM has indicated that it is not feasible
to reschedule the specific offsite functions that remain to be
exercised prior to the end of calendar year (CY) 2011.
In a letter to the Federal Emergency Management Agency (FEMA) dated
August 29, 2011, (ADAMS Accession No. ML112800560), the New Jersey
State OEM requested that FEMA postpone the exercise until 2012, citing
the ongoing response to the Hurricane Irene aftermath. By letter dated
August 31, 2011 (Attachment 3 to ADAMS Accession No. ML112730283), FEMA
responded favorably to the New Jersey OEM request by agreeing to
postpone the offsite portions of the biennial exercise until 2012.
The onsite portion and some aspects of the offsite portions of the
exercise were conducted on September 27, 2011. These portions were
inspected by the NRC and evaluated by FEMA. The NRC's inspection of the
September 27, 2011, exercise, documented in Inspection Report 05000219/
2011502 dated November 9, 2011 (ADAMS Accession No. ML113130149),
identified no findings.
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 and offsite response
organizations to accommodate Hurricane Irene's impacts upon their
resources by postponing the select functions of the offsite portion of
the exercise from the previously scheduled date of September 27, 2011,
until June 2012.
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 part 50, appendix E, section
IV.F.2.c is to ensure that licensees test and maintain interfaces among
themselves and affected State and local authorities during the
intervals between biennial EP exercises by conducting emergency
preparedness activities and interactions. 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 remaining offsite portions of the OCNGS full-
participation exercise by June 2012, rather than CY 2011, places the
exercise outside of the required biennium. Since the last biennial EP
exercise on October 6, 2009, the licensee has conducted 16 training
drills/exercises/demonstrations and 32 training sessions that have
involved interface with State and local authorities. These drills and
training sessions did not exercise all of the proposed rescheduled
offsite functions, but they do support the licensee's assertion that it
has a continuing level of engagement with the State and local
authorities to maintain interfaces. The NRC staff considers the intent
of this requirement is met by having conducted these series of drills
and training sessions.
Based on the above, no new accident precursors are created by
allowing the licensee to postpone the selected offsite portions of the
exercise from CY 2011 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 rescheduling of the specific
offsite portions of the biennial EP exercise from the previously
scheduled date of September 27, 2011, until June 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
In order to grant exemptions in accordance with 10 CFR 50.12,
special circumstances must be present. Special circumstances per 10 CFR
50.12 that apply to this exemption request are 10 CFR 50.12(a)(2)(ii)
and (v). Special circumstances, per 10 CFR 50.12(a)(2)(ii), 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.'' Section IV.F.2.c of 10
CFR part 50, appendix E requires licensees to exercise offsite plans
biennially with full or partial participation by each offsite authority
having a role under the plan. The underlying purposes of 10 CFR part
50, appendix E, section IV.F.2.c requiring licensees to exercise
offsite plans with offsite authority participation is to test and
maintain interfaces among affected State and local authorities and the
licensee. At the previous biennial EP exercise conducted on October 6,
2009, FEMA identified one planning deficiency when several
municipalities did not receive notice of a Protective Action Decision
(letter dated November 3, 2009, ADAMS Accession No. ML093070475). Per
FEMA letters dated February 24, 2010, and June 22, 2010 (ADAMS
Accession Nos. ML102590007 and ML110341597, respectively), FEMA
informed the New Jersey State OEM and the NRC that the deficiency had
been successfully corrected by demonstration at a remedial drill
conducted on January 28, 2010. Since the licensee has conducted 16
training drills/exercises/demonstrations and 32 training sessions that
have involved interface with State and local authorities in 2010 and
2011,
[[Page 137]]
and has supported the FEMA evaluation of the State and local
authorities at the biennial exercise in 2009 and at the remedial drill
in 2010, the NRC staff considers that these measures are adequate to
test and maintain interfaces with affected State and local authorities
during this period, satisfying 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. Due to the scheduled biennial EP
exercise on September 27, 2011, the 16 training drills/exercises/
demonstrations conducted in 2010 and 2011, and the licensee's support
of the FEMA evaluation of some aspects of the offsite portion of the
September 27, 2011 exercise, the NRC staff considers the licensee to
have made good faith efforts to comply with the regulation. Also, the
requested exemption to conduct the onsite EP exercise in 2012 instead
of 2011 would grant only temporary relief from the applicable
regulation. Therefore, since the underlying purpose of 10 CFR part 50,
appendix E, section IV.F.2.c is achieved, the licensee has made a good
faith effort to comply with the regulation, and the exemption would
grant only temporary relief from the applicable regulation, the special
circumstances required by 10 CFR 50.12(a)(2)(ii) and (v) exist for the
granting of an exemption.
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 Exelon Generation Company, LLC
an exemption from the requirements of 10 CFR part 50, appendix E,
section IV.F.2.c to conduct the offsite portion of the OCNGS biennial
EP exercise required for 2011, permitting that part of the exercise to
be conducted in coordination with NRC Region I and OCNGS schedules by
the end of June 2012.
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 (76 FR 79227, December 21, 2011).
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 21st day of December 2011.
For The Nuclear Regulatory Commission.
Michele G. Evans,
Director, Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
[FR Doc. 2011-33683 Filed 12-30-11; 8:45 am]
BILLING CODE 7590-01-P