[Federal Register Volume 80, Number 9 (Wednesday, January 14, 2015)]
[Notices]
[Pages 1972-1975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-00449]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. STN 50-454 and STN 50-455; NRC-2015-0002]


Exemption; Issuance; Exelon Generation Company, LLC

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a 
scheduling exemption in response to a December 10, 2013 (Agencywide 
Documents Access and Management System (ADAMS) Accession No. 
ML13345B157), request from Exelon Generation Company, LLC (EGC or the 
licensee) for a one-time exemption from the requirement to exercise its 
offsite emergency plan biennially with full participation by each 
authority having a role under the radiological response plan. The 
request was supplemented by letter dated June 13, 2014 (ADAMS Accession 
No. ML14164A328). A series of deadly tornadoes struck Illinois 3 days 
prior to the scheduled exercise at the Byron Station. Because of the 
major involvement of the State of Illinois resources in response to the 
tornadoes, the Illinois Emergency Management Agency (IEMA), with the 
agreement of the U.S. Federal Emergency Management Agency (FEMA), 
decided to postpone participation in the Byron Station exercise from 
2013 to early 2014, which is outside of the NRC's biennial requirement.

ADDRESSES: Please refer to Docket ID NRC-2015-0002 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain 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-2015-0002. 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 INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the NRC 
Library at http://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 (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 
Rockvile Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Joel S. Wiebe, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, telephone: 301-415-6606, email: [email protected].

SUPPLEMENTARY INFORMATION: The following sections include the text of 
the exemption in its entirety as issued to EGC.

I. Background

    The licensee is the holder of Facility Operating License Nos., NPF-
37 and NPF-66, issued under Title 10 of the Code of Federal Regulations 
(10 CFR) Part 50, and which authorize operation of the Byron Station, 
Units 1 and 2. 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 two pressurized-
water reactors located in Ogle County, Illinois.

II. Request/Action

    Per 10 CFR 50.12, ``specific exemptions,'' the Commission may grant 
exemptions from the requirements of 10 CFR part 50 which: (1) Are 
authorized by law, (2) will not present an undue risk to the public 
health and safety, and (3) are consistent with the common defense and 
security. The Commission will not consider granting an exemption unless 
special circumstances as described in 10 CFR 50.12(a)(2) are present. 
Special circumstances are present whenever, among other things, 
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; or 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.
    Part 50, Appendix E, Section 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.'' Full participation when used in 
conjunction

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with emergency preparedness (EP) exercises for a particular site means 
appropriate offsite local and State authorities and licensee personnel 
physically and actively take part in testing their integrated 
capability to adequately assess and respond to an accident at a 
commercial nuclear power plant. Full participation includes testing 
major observable portions of the onsite and offsite emergency plans and 
mobilization of State, local, and licensee personnel and other 
resources in sufficient numbers to verify the capability to respond to 
the accident scenario.
    The Byron Station biennial exercise with full participation was 
scheduled for November 20, 2013. On November 17, 2013, 3 days before 
the exercise, a series of tornadoes struck Illinois and caused 
significant widespread damage throughout the state resulting in a 
Presidential Disaster Declaration for 15 Illinois counties. On November 
18, 2013, due to the magnitude of the State and local disaster 
response, and its impact on resources, IEMA verbally notified FEMA that 
they would request postponement of participation in the Byron Station 
Radiological Emergency Preparedness biennial exercise.
    The onsite portion and some aspects of the offsite portions of the 
exercise were conducted by the licensee and inspected by the NRC on 
November 20, 2013. Since the State was not able to participate in the 
exercise, Ogle and Winnebago Counties did not perform their required 
interface functions. Therefore, the counties did not fully participate 
in the exercise.
    In a letter to FEMA dated December 2, 2013 (Attachment 2; ADAMS 
Accession No. ML13345B157), IEMA requested that FEMA postpone the 
exercise until calendar year (CY) 2014, citing the magnitude of the 
State's disaster response to the series of deadly tornadoes. By letter 
dated December 7, 2013 (Attachment 3; ADAMS Accession No. ML13345B157), 
FEMA agreed to the IEMA request to postpone the offsite portions of the 
biennial exercise until CY 2014.
    The licensee requested on December 10, 2013 (ADAMS Accession No. 
ML13345B157), pursuant to 10 CFR 50.12, approval of a one-time 
exemption from 10 CFR part 50, Appendix E, Section IV.F.2.c. The 
requested exemption would allow the licensee to delay conduct of 
certain offsite portions of a biennial EP exercise from November 23, 
2013, to February 2014.
    The licensee stated in their request that the IEMA and the Ogle and 
Winnebago Counties have indicated that it was not feasible to 
reschedule the specific offsite functions that remain to be exercised 
prior to the end of CY 2013.
    The postponed aspects at the offsite portions of the exercise were 
conducted by the licensee on February 6, 2014, and were evaluated by 
FEMA.

III. Discussion

A. Authorized by Law

    Pursuant to 10 CFR 50.12(a), the Commission may grant exemptions 
which are, among other things, authorized by law. It may be inferred 
that an exemption is authorized by law if all of the conditions for 
granting the exemption are met (i.e., will not present an undue risk to 
the public health and safety, consistent with the common defense and 
security, special circumstances are present). These factors are 
discussed below in Sections B, C, and D.
    In addition, the NRC staff must determine whether the exemption 
would violate the Atomic Energy Act, National Environmental Policy Act, 
or other law. In this case, the exemption removes for purposes of the 
2013 exercise the requirement in 10 CFR part 50, Appendix E, Section 
IV.F.2.c, to conduct the exercise biennially. The frequency is not 
specified by any law and the NRC staff has not identified any legal 
prohibition to the exemption. The change from annual to biennial 
exercise frequency was a result of rulemaking in 1984 (Final Rule, 
Emergency Planning and Preparedness (49 FR 27733-35; July 6, 1984)), 
when after considering: (1) Experience with 150 exercises; (2) the fact 
that State and local governments exercise their emergency response 
capabilities frequently by responding to a variety of actual 
emergencies on a continuing basis; (3) the flexibility provided in a 
biennial frequency; and (4) FEMA's experiences showing the level of 
preparedness of State and local governments. Accordingly, the NRC staff 
has determined that granting of the licensee's proposed scheduling 
exemption is authorized by law.

B. No Undue Risk to Public Health and Safety

    Pursuant to 10 CFR 50.12(a), the Commission may grant exemptions 
which, among other things, will not present an undue risk to public 
health and safety. In other words, granting the exemption does not make 
it more likely that an accident could adversely affect the health and 
safety of the public. In 1984 (Final Rule, Emergency Planning and 
Preparedness (49 FR 27733-35; July 6, 1984)), when the Commission 
changed the exercise frequency from annual to biennial, the Commission 
considered whether increasing the time between exercises would result 
in making personnel and equipment less effective or reliable and 
therefore reduce the level of safety. The Commission concluded that 
``Because emergency response personnel at the State and local 
government level continuously respond to actual emergencies, the 
Commission does not consider that relaxing the frequency of State and 
local government participation in emergency preparedness exercises 
would adversely affect the health and safety of the public.'' Since the 
last biennial EP exercise on July 27, 2011, the licensee has conducted 
47 onsite training drills/exercises/demonstrations and 34 offsite 
training sessions that have involved interface with State and/or 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. Additionally, since the 
July 27, 2011, Byron Station exercise, the IEMA has satisfactorily 
participated in three full participation FEMA evaluated exercises at 
other Illinois EGC plants in Illinois. By letter dated June 13, 2014, 
the licensee stated that the proposed exemption is not a reduction in 
effectiveness of the Byron Station emergency plan.
    Based on the above information showing the extent of the State and 
local authority participation in training and level of coordination 
with the licensee, the NRC Staff concludes that the one-time exemption 
to delay portions of the biennial EP exercise at the Byron Station 
poses no undue risk to public health and safety.

C. Consistent With the Common Defense and Security

    The requested exemption would allow rescheduling of the specific 
offsite portions of the biennial EP exercise from the previously 
scheduled date of November 20, 2013, until February 2014. Even with the 
exemption granted, the Byron Station will continue to be required to 
meet the substantial terms and conditions in the licenses. The 
exemption merely allows for a delay of some portions of an emergency 
response exercise, with no direct impact on regulations and 
requirements associated with common defense and security. Therefore, 
the granting of the exemption

[[Page 1974]]

is consistent with the common defense and security.

D. Special Circumstances

    The Commission will not consider granting an exemption unless 
special circumstances are present. 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 purpose of 10 CFR 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. The circumstances at Byron 
Station show that maintaining the requirement to perform the biennial 
test during 2013 is not necessary to achieve the underlying purpose of 
the rule because, as described below, the offsite responders' 
capabilities and interface with the licensee have been tested.
    Although no NRC findings were identified at the previous biennial 
EP exercise conducted on July 27, 2011, FEMA did identify two Areas 
Requiring Corrective Actions (ARCAs). The State of Illinois received an 
ARCA under Evaluation Area 2, ``Radiological Assessment and Protective 
Action Recommendations and Decisions for the Plume Phase of the 
Emergency'' from FEMA. This ARCA was demonstrated successfully and 
closed by FEMA for the State of Illinois during the Clinton Power 
Station exercise on November 2, 2011. In addition, Ogle County received 
an ARCA under Evaluation Area 3, ``Implementation of Protective Actions 
for Special Populations, School Evacuation.'' Training was conducted 
with the Ogle County Regional Office of Education, EGC, and the State 
of Illinois to resolve this issue. This ARCA was expected to be 
resolved during the November 20, 2013. As previously discussed, the 
licensee has conducted 47 onsite training drills/exercises/
demonstrations and 34 offsite training sessions that have involved 
interface with State and/or local authorities in 2011 through 2013. 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. Thus, the 
special circumstances required by 10 CFR 50.12(a)(2)(ii) are present in 
that application of the biennial test requirement during 2013 is not 
necessary to achieve the purpose of the rule.
    There is an additional special circumstance present under 10 CFR 
50.12(a)(2)(v). Specifically, 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, 
but the scheduled exercise was interrupted by tornadoes. The requested 
exemption to conduct the specific offsite portions of the biennial EP 
exercise in early 2014, instead of 2013, would grant only temporary 
relief from the applicable regulation until the end of February 2014. 
The 47 onsite training drills/exercises/demonstrations involving 
interface with State and local authorities conducted in 2011, 2012, and 
2013, demonstrate the licensee's good faith efforts to comply with the 
regulation. In addition, the licensee's inability to meet the Appendix 
E requirement was due to circumstances beyond its control (i.e., the 
impact of widespread tornado disaster response on State resources and 
the State's need to postpone its participation until CY 2014). The 
licensee scheduled the exercise and arranged for the necessary 
participants before the storms hit. Therefore, the licensee has made a 
good faith effort to comply with the regulation. Thus, the special 
circumstances required by 10 CFR 50.12(a)(2)(v) are also present.
    Based on the above, the special circumstances required by 10 CFR 
50.12(a)(2)(ii) and (v), exist to grant the requested exemption.

IV. Environmental Considerations

    The Commission has found that issuing an exemption to the 
requirements of a regulation does not individually or cumulatively have 
a significant effect on the human environment provided that 10 CFR 
51.22(c)(25) is met in that: (i) There is no significant hazards 
consideration; (ii) there is no significant change in the types or 
significant increase in the amounts of any effluents that may be 
released offsite; (iii) there is no significant increase in individual 
or cumulative public or occupational radiation exposure; (iv) there is 
no significant construction impact; (v) there is no significant 
increase in the potential for or consequences from radiological 
accidents; and (vi) the requirements from which an exemption is sought 
involve, among other things, scheduling requirements.
    An exemption involves no significant hazards consideration under 10 
CFR 50.92(c) if operation of the facility in accordance with the 
proposed exemption would not: (1) Involve a significant increase in the 
probability or consequences of an accident previously evaluated; or (2) 
create the possibility of a new or different kind of accident from any 
accident previously evaluated; or (3) involve a significant reduction 
in a margin of safety.
    The proposed exemption to postpone the Byron Station EP exercise 
from November 23, 2013, to February 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 Byron Station. 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. Therefore, the proposed exemption does 
not involve a significant reduction in a margin of safety. Accordingly, 
the NRC staff has determined that the three standards of 10 CFR 
50.92(c) are satisfied, and the exemption request involves no 
significant hazards consideration, and 10 CFR 51.22(c)(25)(i) is 
satisfied.
    In reviewing the other factors in 10 CFR 51.22(c)(25), the NRC 
staff determined that the proposed exemption changes the EP exercise 
from November 23, 2013, to February 2014, involves no significant 
change in the types or significant increase in the amounts of any 
effluents that may be released offsite; increase in individual or 
cumulative occupational radiation exposure; construction impact; and 
increase in the potential for or consequences from radiological

[[Page 1975]]

accidents. Therefore, 10 CFR 51.22(c)(25)(ii)-(v) are satisfied.
    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 November 23, 2013, to 
February 2014. Therefore, the criteria specified in 10 CFR 
51.22(c)(25)(vi)(G) is satisfied. 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, the special circumstances required by 10 
CFR 50.12(a)(ii) and (v), are present. Therefore, pursuant to 10 CFR 
50.12(a)(ii) and (v), the Commission hereby grants EGC a one-time 
exemption from the requirements of 10 CFR part 50, Appendix E, Section 
IV.F.2.c., to conduct the specific offsite portion of the Byron Station 
biennial EP exercise required for 2013. The one-time exemption permits 
the specific offsite portion of the exercise to be conducted in 
coordination with FEMA, NRC Region III, and Byron Station as scheduled 
in February 2014. As noted above, the postponed aspects at the offsite 
portions of the exercise were conducted by the licensee on February 6, 
2014.

    Dated at Rockville, Maryland, this 22nd day of December 2014.

    For the Nuclear Regulatory Commission.
Michele G. Evans,
Director, Division of Operating Reactor Licensing, Office of Nuclear 
Reactor Regulation.
[FR Doc. 2015-00449 Filed 1-13-15; 8:45 am]
BILLING CODE 7590-01-P