[Federal Register Volume 78, Number 3 (Friday, January 4, 2013)]
[Notices]
[Pages 784-785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-31709]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-293; NRC-2012-0311]
Entergy Nuclear Operations, Inc.; Pilgrim Nuclear Power Station;
Exemption
1.0 Background
Entergy Nuclear Operations, Inc. (the licensee) is the holder of
Renewed Facility Operating License No. DPR-35, which authorizes
operation of the Pilgrim Nuclear Power Station (PNPS). 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, the Commission) now or hereafter in effect. The
facility consists of a boiling-water reactor located in Plymouth,
Massachusetts.
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 November 29, 2012, the licensee requested a one-time
exemption from this requirement that would allow the licensee to delay
conduct of the offsite portions of a biennial emergency preparedness
(EP) exercise from November 7, 2012, to March 2013. The licensee's
request states that on October 29, 2012, Hurricane Sandy passed through
the East Coast of the United States, impacting Washington DC, the
States of Maryland, New Jersey, New York, Connecticut, and Rhode
Island, and the Commonwealth of Massachusetts, causing widespread
devastation and flooding throughout the surrounding areas. This
hurricane event resulted in a multi-agency emergency response, which
included the Federal Emergency Management Agency (FEMA), the
Massachusetts Emergency Management Agency (MEMA), and the local town
officials in the Pilgrim Emergency Planning Zone (EPZ). The licensee
further states that immediate and long-term resource commitments were
needed to recover from the hurricane event, and as a result, FEMA,
MEMA, and local town resources did not participate in the previously
planned and scheduled Pilgrim Biennial Exercise that was conducted on
November 7, 2012. Consequently, the requirement of 10 CFR part 50,
Appendix E, Section IV.F.2.c, for a full participation of offsite
authorities during the biennial exercise was not satisfied.
Based on discussions with FEMA and MEMA representatives, the
licensee does not consider it feasible to schedule and perform a full
participation biennial exercise prior to the end of calendar year (CY)
2012. In an email from FEMA to the licensee dated November 26, 2012,
FEMA Region I acknowledged agreement with the Commonwealth of
Massachusetts that offsite portions of the Pilgrim biennial exercise
can be scheduled for and conducted on March 21, 2013. The email was
submitted as an attachment to the licensee's application dated November
29, 2012.
The onsite portion of the exercise was conducted as scheduled on
November 7, 2012, and was inspected by the NRC under Inspection
Procedure No. 71114.01. The NRC's inspection of the licensee's conduct
and self-evaluation of the exercise identified no findings. Out-of-
sequence demonstrations for various schools, daycare centers, special
facilities, and camps were also conducted and evaluated during FEMA
Region I staff visits between the months of July 2012 and September
2012, in accordance with the November 2012 biennial exercise objectives
and extent of play. In addition, the following out-of-sequence
demonstrations were evaluated by FEMA Region I since the previous PNPS
Biennial Exercise conducted on November 16, 2010:
Radiological Emergency Worker August 23, 2011.
Monitoring and Decontamination August 7, 2012.
Center.
Quincy Medical Center Medical October 5, 2011.
Service Drill.
KIDS Site Brockton High School...... January 26, 2012.
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 Sandy's impact upon their
resources by postponing the offsite portion of the exercise from the
previously scheduled date of November 7, 2012, until March 2013.
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 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 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 PNPS
[[Page 785]]
full participation exercise by March 2013, rather than in CY 2012,
places the exercise outside of the required biennium. Since the last
biennial EP exercise on November 16, 2010, the licensee has conducted
two full-scale combined functional drills/dryruns involving onsite and
offsite functions in preparation for the scheduled November 7, 2012
biennial exercise, as well as, numerous documented training evolutions
supported through the Commonwealth of Massachusetts, local EPZ and
Reception Community Offices of Emergency Management and support
organizations. In addition, the Commonwealth of Massachusetts
participated in two FEMA-evaluated exercises in conjunction with the
Vermont Yankee Nuclear Power Plant and Seabrook Nuclear Power Plant, on
February 9, 2011 and January 24, 2012, respectively, along with
multiple practice drills/tabletop related to each evaluated exercise.
While these drills and training sessions did not exercise all of the
proposed rescheduled offsite functions, they support the licensee's
assertion that it has had a continuing level of engagement with the
State and local authorities to maintain licensee/governmental
interfaces. The NRC considers the intent of this requirement is met by
having conducted these drills and training sessions.
The NRC has determined that no new accident precursors are created
by allowing the licensee to postpone the selected offsite portions of
the exercise from CY 2012 until March 2013. Further, the probability
and consequences of postulated accidents are not increased. Therefore,
the exemption does not create 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 November 7, 2012, until March 2013. 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 as
described in 10 CFR 50.12 that apply to this exemption request are
stated in 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. No deficiencies
were identified by FEMA during the previous PNPS biennial exercise,
conducted on November 16, 2010, as documented in the PNPS After Action
Report/Improvement Plan, published by FEMA on January 26, 2011 (ADAMS
Accession No. ML11223A279).
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. Since the previous biennial
exercise on November 16, 2010, the licensee has conducted two full-
scale combined functional drills/dryruns involving onsite and offsite
functions in preparation for the scheduled November 7, 2012 biennial
exercise, as well as, numerous documented training evolutions that
involved interface with State and local authorities in 2011 and 2012.
The NRC 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. As such, the NRC
considers the licensee to have made good faith efforts to comply with
the regulation. Also, the requested exemption to conduct the offsite
portion of the PNPS Biennial Exercise in March 2013 instead of CY 2012
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
consistent with 10 CFR 50.12. Therefore, the Commission hereby grants
Entergy Nuclear Operations, Inc. an exemption from the requirements of
10 CFR Part 50, Appendix E, Section IV.F.2.c, to conduct the offsite
portion of the PNPS Biennial Exercise required for 2012, permitting
that part of the exercise to be conducted in coordination with NRC
Region I, FEMA, and PNPS schedules by the end of March 2013.
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 (77 FR 76541, December 28, 2012).
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 28th day of December 2012.
For the Nuclear Regulatory Commission.
Jessie F. Quichocho,
Acting Director, Division of Operating Reactor Licensing, Office of
Nuclear Reactor Regulation.
[FR Doc. 2012-31709 Filed 1-3-13; 8:45 am]
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