[Federal Register Volume 79, Number 7 (Friday, January 10, 2014)]
[Notices]
[Pages 1901-1903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-00253]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-219; NRC-2013-0288]
Exelon Generation Company, LLC; License Exemption Request for
Oyster Creek Nuclear Generating Station
AGENCY: Nuclear Regulatory Commission.
ACTION: Exemption; issuance.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
exemption in response to an October 14, 2013, request from Exelon
Generation Company (the licensee) for a one-time exemption from the
requirement to participate in the biennial Emergency Preparedness (EP)
exercise. The licensee requested to delay conduct of the exercise from
October 8, 2013, to March 18, 2014.
ADDRESSES: Please refer to Docket ID NRC-2013-0288 when contacting the
NRC about the availability of information regarding this document. You
may access publicly-available information related to this document
using any of the following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0288. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: [email protected]. For technical questions, contact
the individual listed in the FOR FURTHER
[[Page 1902]]
INFORMATION CONTACT section of this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may access publicly available documents online in the NRC
Library at http://www.nrc.gov/reading-rm/adams.html. To begin the
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to [email protected]. The ADAMS accession number
for each document referenced in this document (if that document is
available in ADAMS) is provided the first time that a document is
referenced.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: John G. Lamb, Office of Nuclear
Reactor Regulation, Division of Operating Reactor Licensing; telephone:
301-415-3100, email: [email protected]; U.S. Nuclear Regulatory
Commission, Washington DC 20555-0001.
SUPPLEMENTARY INFORMATION: The following sections include the text of
the exemption in its entirety as issued to Exelon Generation Company,
LLC.
I. 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 NRC now or hereafter in effect.
The facility consists of a boiling-water reactor located in Ocean
County, New Jersey.
II. Request/Action
Title 10 of the Code of Federal Regulations (10 CFR), Part 50,
Appendix E, Sections IV.F.2.b and IV.F.2.c requires that ``[o]ffsite
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 October 14, 2013, and
supplemented on December 19, 2013 (ADAMS Accession Nos. ML13288A177 and
ML13357A662, respectively), the licensee requested a one-time exemption
from this requirement that would allow the licensee to delay conduct of
a biennial emergency preparedness (EP) exercise from October 8, 2013,
to March 18, 2014. The licensee's request states that the Federal
government shutdown various government agencies on October 1, 2013, due
to a lapse in funding appropriations. The Federal government shutdown
affected the Federal Emergency Management Agency's (FEMA's) and the
NRC's capabilities to participate in the OCNGS EP exercise scheduled on
October 8, 2013. By letter dated October 3, 2013, FEMA notified the New
Jersey Deputy Superintendent Homeland Security, State Police Division
Headquarters, that FEMA would not be able to evaluate the OCNGS full
participation EP exercise, scheduled for October 8, 2013, because all
FEMA travel was cancelled except for life-saving activities.
Based on discussions with FEMA and the New Jersey Office of
Emergency Management (NJOEM) 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) 2013.
By letter dated October 9, 2013, NJOEM notified the licensee that
re-scheduling the OCNGS EP exercise to March 18, 2014, was acceptable.
By letter dated October 10, 2013, FEMA sought concurrence from the New
Jersey Deputy Superintendent Homeland Security, State Police Division
Headquarters, for the new proposed OCNGS full participation EP
exercise, scheduled for March 18, 2014. It further provided that it was
acceptable for the exercise to be conducted in early 2014.
By letter dated October 14, 2013, the licensee requested a one-time
exemption from these requirements to allow a delay for the conduct of
the biennial EP exercise from October 8, 2013, to March 18, 2014. The
licensee's request states that due to the lapse in government funding
appropriations, FEMA and NRC resources were unable to participate in
the OCNGS EP exercise scheduled for October 8, 2013.
III. Discussion
By letter dated December 19, 2013, the licensee stated that the
proposed exemption is not a reduction in effectiveness of the OCNGS EP
plan. 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 Federal government response
organizations to accommodate the Federal government shutdown impacts on
their resources by postponing the OCNGS EP exercise from the previously
scheduled date of October 8, 2013, until March 18, 2014.
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
By letter dated December 19, 2013, the licensee stated that the
proposed exemption is not a reduction in effectiveness of the OCNGS EP
plan, and the NRC staff agrees.
The underlying purpose of 10 CFR Part 50, Appendix E, Sections
IV.F.2.b and 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 EP
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
OCNGS full-participation EP exercise by March 18, 2014, rather than CY
2013, places the exercise outside of the required biennium. Since the
last biennial EP exercise on September 27, 2011 (onsite and partial
offsite demonstration), and June 12, 2012 (offsite demonstration), the
licensee has conducted training evolutions supported by NJOEM and local
emergency planning zone authorities. Although these drills and training
sessions did not exercise all of the proposed rescheduled offsite
functions, they do support the licensee's assertion that they have a
continuing level of engagement with the State and local authorities to
maintain interfaces. During the interim year, the NJOEM and the New
Jersey Department of Environmental Protection, Bureau of Nuclear
Engineering also successfully exercised the State Radiological
Emergency Response Plan and Annex A for Salem/Hope Creek Nuclear
Generating Stations on May 22, 2012.
Based on the above, no new accident precursors are created by
allowing the
[[Page 1903]]
licensee to postpone the biennial exercise from CY 2013 until CY 2014;
thus, the probability of postulated accidents is not increased. Also,
based on the above, the 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 OCNGS
biennial EP exercise from the previously scheduled date of October 8,
2013, until March 18, 2014. 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: ``[a]pplication 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.'' Sections IV.F.2.b and
IV.F.2.c of 10 CFR Part 50, Appendix E require licensees to exercise
onsite and 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, Sections IV.F.2.b and IV.F.2.c
are to require licensees to exercise onsite and offsite plans with
offsite authority participation to test and maintain interfaces among
affected State and local authorities and the licensee. The previous
biennial EP exercise was successfully conducted on September 27, 2011,
and June 12, 2012. Since this last demonstration, the licensee has
conducted 10 onsite training drills/exercises/demonstrations and eight
drills/exercises/demonstrations that have involved interface with State
and local authorities in 2012 and 2013. The NRC staff considers these
measures 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. The 10 onsite training drills/
exercises/demonstrations and eight drills/exercises/demonstrations
involving interface with State and local authorities in 2012 and 2013
demonstrate the licensee's good faith effort to comply with the
regulations. The requested exemption to postpone the conduct of the
biennial EP exercise to March 18, 2014, grants only temporary relief
from the applicable regulation. Therefore, since the underlying purpose
of 10 CFR Part 50, Appendix E, Sections IV.F.2.b and IV.F.2.c are
achieved, the licensee has made a good faith effort to comply with the
regulations, 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.
IV. Environmental Considerations
The proposed exemption to postpone the OCNGS EP exercise from
October 8, 2013, to March 18, 2014, does not increase the probability
of an accident because EP exercises are not initiators of any design-
basis event. Additionally, the proposed exemption does not involve any
physical changes to plant systems, structures, or components (SSCs), or
the manner in which these SSCs are maintained or controlled. Therefore,
the proposed exemption does not involve a significant increase in the
probability or consequences of an accident previously evaluated.
The proposed exemption does not alter the physical design, safety
limits, or safety analysis assumptions associated with the operation of
OCNGS. Accordingly, the proposed exemption does not introduce any new
accident initiators, nor does it reduce or adversely affect the
capabilities of any plant structure or system in the performance of
their safety function. Therefore, the proposed exemption does not
create the possibility of a new or different kind of accident from any
previously evaluated.
The proposed exemption does not impact the assumptions of any
design-basis accident, and does not alter assumptions relative to the
mitigation of an accident or transient event. Also, the proposed
exemption does not involve a significant reduction in a margin of
safety.
The NRC staff has determined that the three standards of 10 CFR
50.92(c) are satisfied. Therefore, the NRC proposes to determine that
the exemption request involves no significant hazards consideration.
The NRC staff determined that the proposed exemption changes the EP
exercise from October 8, 2013, to March 18, 2014, 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.
The NRC staff has further determined that the requirements from
which the exemption is sought involve the factors associated with 10
CFR 51.22(c)(25)(vi)(G)--scheduling requirements. Specifically, the
proposed exemption changes the EP exercise from October 8, 2013, to
March 18, 2014.
Therefore, the criteria specified in 10 CFR 51.22(c)(25)(vi)(G) is
satisfied, and accordingly, the exemption meets the eligibility
criteria for exclusion set forth in 10 CFR 51.22(c)(25). Pursuant to 10
CFR 51.22(b), no environmental impact statement or environmental
assessment is required to be prepared with the issuance of the
exemption.
V. 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,
Sections IV.F.2.b and IV.F.2.c to conduct the OCNGS biennial EP
exercise required for 2013, permitting that EP exercise to be conducted
in coordination with NRC and OCNGS schedules on March 18, 2014.
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 30th day of December 2013.
For the Nuclear Regulatory Commission.
Michele G. Evans,
Director, Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
[FR Doc. 2014-00253 Filed 1-9-14; 8:45 am]
BILLING CODE 7590-01-P