[Federal Register Volume 86, Number 242 (Tuesday, December 21, 2021)]
[Notices]
[Pages 72285-72287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27574]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-244; NRC-2021-0223]
Exelon Generation Company, LLC; R.E. Ginna Nuclear Power Plant
AGENCY: Nuclear Regulatory Commission.
ACTION: Exemption; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has issued an
exemption in response to an October 6, 2021, request from Exelon
Generation Company, LLC, as supplemented by letter dated November 15,
2021, which requested a one-time exemption from the NRC regulations, to
postpone the conduct of the offsite portions of the R.E. Ginna Nuclear
Power Plant biennial emergency preparedness (EP) exercise until a date
prior to July 20, 2022.
DATES: The exemption was issued on December 15, 2021.
ADDRESSES: Please refer to Docket ID NRC-2021-0223 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 website: Go to https://www.regulations.gov and search for Docket ID NRC-2021-0223. Address
questions about Docket IDs in Regulations.gov to Stacy Schumann;
telephone: 301-415-0624; 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
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, 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 it is available in ADAMS) is provided the first
time that it is mentioned in this document.
NRC's PDR: You may examine and purchase copies of public
documents, by appointment, at the NRC's PDR, Room P1 B35, One White
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make
an appointment to visit the PDR, please send an email to
[email protected] or call 1-800-397-4209 or 301-415-4737, between
8:00 a.m. and 4:00 p.m. (ET), Monday through Friday, except Federal
holidays.
[[Page 72286]]
FOR FURTHER INFORMATION CONTACT: V. Sreenivas, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC
20555-0001; telephone: 301-415-2597, email: [email protected]
SUPPLEMENTARY INFORMATION: The text of the exemption is attached.
Dated: December 16, 2021.
For the Nuclear Regulatory Commission.
Venkataiah Sreenivas,
Project Manager, Plant Licensing Branch 1, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
Attachment--Nuclear Regulatory Commission
Docket No. 50-244
Exelon Generation Company, LLC; R.E. Ginna Nuclear Power Plant;
Exemption
I. Background
Exelon Generation Company, LLC (Exelon or the licensee) is the
holder of Facility Operating License No. DPR-18, which authorizes
operation of the R.E. Ginna Nuclear Power Plant (Ginna). 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 pressurized water reactor located in
Wayne County, New York.
II. 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 October 6, 2021 (Agencywide Documents Access
and Management System (ADAMS) Accession No. ML21279A112), as
supplemented by letter dated November 15, 2021 (ADAMS Accession No.
ML21320A054), the licensee requested an exemption from this
requirement that would allow the licensee to delay conduct of
certain offsite portions of a biennial emergency preparedness (EP)
exercise required to be completed by December 31, 2021 to be
completed prior to July 20, 2022.\1\ The licensee's request states
that because of a series of Hurricanes/Tropical Storms (Henri and
Ida) that struck the State of New York during the period of August
21-23, 2021 and September 1-3, 2021, causing significant widespread
damage throughout the State and leading to Presidential Disaster
Declarations, as well as the impact on State and local resources
from Henri and Ida and the continued Coronavirus Disease 2019
(COVID-19) public health emergency, the licensee was unable to find
a suitable time agreeable with Offsite Response Organizations (OROs)
to complete the necessary offsite exercise objective by the end of
Calendar Year (CY) 2021, and an exemption is being pursued.
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\1\ The licensee's application requests deferral of offsite
portions of the EP exercise until a date no later than July 20,
2022. However, also stated in the initial application and
supplement, FEMA and the State of New York state the exercise must
be completed prior to July 20, 2022. The licensee states in its
supplement that it agrees to the timeframe of FEMA and the State of
New York. Therefore, the staff interprets the request as
supplemented to be completion of the exercise prior to July 20,
2022.
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By letter dated August 24, 2021 (ADAMS Accession No.
ML21236A114), the NRC was notified by Exelon that the State of New
York Office of Emergency Management (OEM), Wayne and Monroe
Counties, and other affected OROs would not be available to
participate in the scheduled August 24, 2021 biennial EP exercise
due to the aftermath of Hurricane/Tropical Storm Henri, which
occurred during the period of August 21-23, 2021. Exelon still
conducted its biennial EP exercise for the Ginna facility as
scheduled; however, only the onsite portions of the exercise were
performed. The August 24, 2021 letter to the NRC also stated that
Exelon would pursue regulatory relief if arrangements with OROs and
Federal stakeholders could not be made prior to the end of CY 2021
so that necessary offsite exercise criteria/objectives could be
demonstrated.
Based on recent discussions between Exelon, supporting OROs, and
Federal stakeholders, it was determined that rescheduling
participation to complete the applicable offsite exercise objectives
would not be feasible prior to the end of CY 2021 due to the impacts
on the availability of the OROs and Federal stakeholders caused by
the significant devastation from Hurricane/Tropical Storm Henri and
later Ida and the continued COVID-19 public health emergency. On
September 1, 2021, a teleconference was held with representatives
from the State of New York OEM, Exelon, Federal Emergency Management
Agency (FEMA), and other supporting OROs related to deferring/
postponing the completion of ORO exercise criteria/objectives until
sometime in 2022. Subsequently, in a telephone conversation between
Exelon and FEMA representatives on October 1, 2021, FEMA indicated
that they were not opposed to postponing FEMA-evaluated exercise
criteria/objectives until CY 2022. FEMA noted that completion of the
remaining exercise criteria/objectives must occur prior to July 20,
2022.
III. 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.
A. The Exemption is Authorized by Law
This exemption would accommodate the impacts on the licensee's
offsite response organizations from Hurricanes Henri and Ida and the
continued COVID-19 public health emergency by postponing the select
functions of the offsite portion of the exercise from the previously
scheduled date of August 24, 2021 until a date prior to July 20,
2022.
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.
B. The Exemption Presents 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 the emergency organization personnel are
familiar with their duties, to identify and correct any weaknesses
that may exist in the licensee's EP Program, and to test and
maintain interfaces among affected State and local authorities and
the licensee. 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. The last
Ginna full participation biennial EP exercise was conducted on
August 20, 2019. Conducting the remaining offsite portions of the
Ginna biennial EP exercise after CY 2021 places the exercise outside
of the required biennium. Since the last biennial EP exercise on
August 20, 2019, the licensee has conducted nine (9) full-scale,
integrated performance indicator drills as well as numerous training
sessions with the State and local response organizations. These
drills and training sessions exercised all the proposed rescheduled
offsite functions and support the licensee's assertion that it has a
continuing level of engagement to ensure that the emergency
organization personnel are familiar with their duties, to identify
and correct any weaknesses that may exist in the licensee's EP
Program, and to test and maintain interfaces among affected State
and local authorities and the licensee. The NRC staff has determined
the licensee has met the purposes underlying the 10 CFR part 50,
Appendix E, Section IV.F.2.c requirement by having conducted these
series of drills and training sessions.
In addition, no new accident precursors are created by allowing
the licensee to postpone the selected offsite portions of the
exercise from CY 2021 until a date prior to July 20, 2022. Thus, the
probability and consequences of postulated accidents are not
increased. Therefore, there is no undue risk to public health and
safety.
C. The Exemption Is Consistent With the 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 August 24, 2021 until a date prior to July 20,
2022. This change to the biennial EP exercise schedule has no
relation to security issues. Therefore, the common defense and
security is not impacted by this exemption.
D. Special Circumstances
In order to grant exemptions in accordance with 10 CFR 50.12,
special circumstances must be present. Special circumstances per
[[Page 72287]]
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 ensure that the emergency
organization personnel are familiar with their duties, to identify
and correct any weaknesses that may exist in the licensee's EP
Program, and to test and maintain interfaces among affected State
and local authorities, and the licensee. Although the affected OROs
and FEMA were unable to participate in the scheduled exercise for
August 24, 2021, no NRC findings (ADAMS Accession No. ML 19263A647)
nor FEMA deficiencies (ADAMS Accession No. ML21307A042) were
identified at the previous biennial EP exercise conducted on August
20, 2019. As previously discussed, the licensee has conducted nine
(9) full-scale, integrated performance indicator drills as well as
numerous training sessions with the State and local response
organizations in 2019 through 2021. The NRC staff has determined
that the licensee's drill performances and training sessions have
been adequate to ensure that the emergency organization personnel
are familiar with their duties, to identify and correct any
weaknesses that may exist in the licensee's EP Program, and to test
and maintain interfaces among affected State and local authorities
and the licensee during this period, satisfying the underlying
purpose of the rule.
To accommodate the scheduling of exercises, the NRC has allowed
licensees the flexibility to schedule their exercises at any time
during the biennial calendar year. This provides a 13- to 35-month
window to schedule exercises while still meeting the biennial
requirement. This one-time change in the exercise schedule increases
the interval between biennial exercises, however conducting the
postponed exercise on a date prior to July 20, 2022, falls within
the 35-month window, thus meeting the intent of the regulation.
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. Exelon requests a
temporary, one-time exemption for the evaluation of certain offsite
elements/objectives from the CY 2021 biennial EP exercise at Ginna.
Based on discussions between Exelon, supporting OROs, and Federal
stakeholders, it was determined that rescheduling participation to
complete the applicable offsite exercise objectives would not be
feasible prior to the end of CY 2021 due to the impacts on the
availability of the OROs and Federal stakeholders caused by the
significant devastation from Hurricane/Tropical Storm Henri and
later Ida and the continued COVID-19 public health emergency. On
September 1, 2021, a teleconference was held with representatives
from the State of New York OEM, Exelon, FEMA, and other supporting
OROs related to deferring/postponing the completion of ORO exercise
criteria/objectives until sometime in CY 2022. Subsequently, in a
telephone conversation between Exelon and FEMA representatives on
October 1, 2021, FEMA indicated that they were not opposed to
postponing FEMA-evaluated exercise criteria/objectives until CY
2022. FEMA noted that completion of the remaining exercise criteria/
objectives must occur prior to July 20, 2022. Attachment two to the
licensee's application documents that the State of New York OEM was
unable to find a suitable window of available dates in CY 2021 to
accommodate the offsite portions of the Ginna biennial EP exercise.
Attachment four to the licensee's application documents the
scheduling conflicts identified by the State of New York OEM
preventing the exercise from occurring in CY 2021. Therefore, the
licensee has made good faith efforts to comply with the regulations.
Granting the requested exemption from the 10 CFR part 50, Appendix
E, Section IV.F.2.c requirement to conduct the specific offsite
portions of the biennial EP exercise in CY 2022, instead of CY 2021,
would provide only temporary relief from the applicable regulations.
Additionally, the licensee has acknowledged returning to the
previous biennial EP exercise schedule of every odd year and
conducting the next follow-on biennial EP exercise in CY 2023, which
will include both onsite and offsite participation.
Granting the exemption would still achieve the underlying
purpose of 10 CFR part 50, Appendix E, Section IV.F.2.c, 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. Therefore, the special circumstances required
by 10 CFR 50.12(a)(2)(ii) and (v) exist for the granting of an
exemption.
E. Environmental Considerations
NRC approval of the requested exemption is categorically
excluded under 10 CFR 51.22(c)(25), and there are no extraordinary
circumstances present that would preclude reliance on this
exclusion. The NRC staff determined, per 10 CFR 51.22(c)(25)(vi)(E),
that the requirements from which the exemption is sought involve
education, training, experience, qualification, requalification, or
other employment suitability requirements.
The NRC staff also determined that approval of this exemption
involves no significant hazards consideration because it does not
authorize any physical changes to the facility or any of its safety
systems, change any of the assumptions or limits used in the
licensee's safety analyses, or introduce any new failure modes.
There is no significant change in the types or significant increase
in the amounts of any effluents that may be released offsite because
this exemption does not affect any effluent release limits as
provided in the licensee's technical specifications or by the
regulations in 10 CFR part 20, ``Standards for Protection Against
Radiation.'' There is no significant increase in individual or
cumulative public or occupational radiation exposure because this
exemption does not affect limits on the release of any radioactive
material, or the limits provided in 10 CFR part 20 for radiation
exposure to workers or members of the public.
There is no significant construction impact because this
exemption does not involve any changes to a construction permit.
There is no significant increase in the potential for or
consequences from radiological accidents because the exemption does
not alter any of the assumptions or limits in the licensee's safety
analysis. In addition, the NRC staff determined that there would be
no significant impacts to biota, water resources, historic
properties, cultural resources, or socioeconomic conditions in the
region. Therefore, pursuant to 10 CFR 51.22(b), no environmental
impact statement or environmental assessment need be prepared in
connection with the approval of the requested exemption.
IV. Conclusions
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 specific offsite
portion of the Ginna biennial EP exercise required for CY 2021,
permitting that part of the exercise to be conducted in coordination
with FEMA, NRC Region I and Ginna by a date prior to July 20, 2022.
This exemption expires on July 20, 2022, or when the offsite
biennial EP exercise is performed in CY 2022, whichever occurs
first.
Dated at Rockville, Maryland, this 15th day of December 2021.
For the Nuclear Regulatory Commission.
Bo M. Pham,
Director, Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
[FR Doc. 2021-27574 Filed 12-20-21; 8:45 am]
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