Southern Nuclear Operating Company; Vogtle Electric Generating Plant, Units 1 and 2; Exemption, 22928-22929 [E5-2109]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 70, Number 84 (Tuesday, May 3, 2005)]
[Notices]
[Pages 22928-22929]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-2109]



[[Page 22928]]

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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-424 and 50-425]


Southern Nuclear Operating Company; Vogtle Electric Generating 
Plant, Units 1 and 2; Exemption

1.0 Background

    The Southern Nuclear Operating Company (SNC or the licensee) is the 
holder of Facility Operating License Nos. NPF-68 and NPF-81 that 
authorizes operation of Vogtle Electric Generating Plant (VEGP), Units 
1 and 2. The license provides, among other things, that the facility is 
subject to all rules, regulations, and orders of the Nuclear Regulatory 
Commission (NRC, the Commission) now or hereafter in effect.
    The facility consists of two pressurized-water reactors located in 
Burke County, Georgia.

2.0 Request/Action

    Section IV.F.2.b and c of Appendix E, to Title 10 of the Code of 
Federal Regulations (10 CFR) Part 50 requires the licensee at each site 
to conduct an exercise of its onsite emergency plans and offsite 
emergency plans biennially with full participation by each offsite 
authority having a role under the plan. During such biennial full 
participation exercises, the NRC evaluates onsite and the Federal 
Emergency Management Agency (FEMA) evaluates offsite emergency 
preparedness activities, including interaction with it's various State 
and local emergency management agencies. SNC's previously scheduled 
full-participation exercise at VEGP was successfully conducted during 
the week of June 12, 2002.
    The licensee had scheduled a full-participation exercise for 
September 2004, however, FEMA requested that the exercise be postponed 
to enable the Georgia Emergency Management Agency to respond to 
multiple hurricanes. FEMA subsequently consulted with the States of 
Georgia and South Carolina, and in a letter to the Georgia Emergency 
Management Agency dated November 23, 2004, FEMA approved rescheduling 
the full-participation exercise to February 2005. Under the current 
regulations, the licensee would have had until December 31, 2004, to 
complete it's next full-participation exercise.
    By letter dated December 10, 2004, the licensee requested an 
exemption from Section IV.F.2.e of Appendix E to 10 CFR part 50 
regarding the requirement to conduct a biennial full-participation 
exercise. The NRC staff determined that the requirements of Section 
IV.F.2.e are not applicable to the circumstances of the licensee's 
request and, accordingly, no exemption from those requirements is being 
granted. However, the NRC staff has determined that the requirements of 
Appendix E to 10 CFR part 50, Sections IV.F.2.b and 2.c are applicable 
to the circumstances of the licensee's request and that an exemption 
from those requirements is appropriate.

3.0 Discussion

    The Commission, pursuant to 10 CFR 50.12(a)(1), may grant 
exemptions from the requirements of 10 CFR part 50 that are authorized 
by law, will not present an undue risk to public health and safety, and 
are consistent with the common defense and security. The Commission, 
however, pursuant to 10 CFR 50.12(a)(2), will not consider granting an 
exemption unless special circumstances are present. Under 10 CFR 
50.12(a)(2)(ii), special circumstances 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. 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 underlying purpose for conducting a biennial full-participation 
exercise is to ensure that emergency organization personnel are 
familiar with their duties and to test the adequacy of emergency plans. 
In order to accommodate scheduling of a full participation exercise, 
the NRC has allowed licensees to schedule the exercises at any time 
during the calendar biennium. Conducting the VEGP full-participation 
exercise in calendar year 2005 as proposed places the exercise past the 
previously scheduled biennial calender year of 2004.
    Since the last full-participation exercise conducted at VEGP, Units 
1 and 2 on June 12, 2002, VEGP conducted two annual Full Scale Plume 
Phase exercises on November 5, 2003, and June 30, 2004, and an off-
hour/unannounced exercise on November 8, 2004. Six other emergency plan 
drills have also been conducted since June 2002. The NRC staff 
considers that the intent of this requirement is met by having 
conducted these series of exercises and drills. The NRC staff considers 
that these measures are adequate to maintain an acceptable level of 
emergency preparedness during this period, satisfying the underlying 
purpose of the rule. Therefore, the special circumstances of 10 CFR 
50.12(a)(2)(ii) are satisfied.
    The licensee also stated in its letter dated December 10, 2004, 
that only temporary relief from the regulation is requested for the 
exemption, since VEGP will resume its normal biennial exercise cycle in 
2006. The NRC staff also found that the licensee made a good faith 
effort to comply with the regulation by originally scheduling the full 
participation exercise within the calendar biennium, in accordance with 
the regulation. The exemption is being sought by the licensee in 
response to a request by FEMA to reschedule the exercise. As documented 
in FEMA letter dated November 23, 2004, the Georgia Emergency 
Management Agency was unable to support the original schedule for the 
exercise due to a series of severe weather events that impacted its 
available resources. FEMA, in consultation with the States of Georgia 
and South Carolina, proposed a rescheduled date for the exercise that 
is beyond that allowed by the regulations.
    The NRC staff, having considered the schedule and resource issues 
associated with those agencies that participate in and evaluate the 
offsite portion of full-participation exercises, concludes that the 
licensee made a good faith effort to meet the requirements of the 
regulation. The NRC staff, therefore, concludes that the exemption 
request meets the special circumstances of 10 CFR 50.12(a)(2)(v) and 
should be granted.

4.0 Conclusion

    Accordingly, the Commission has determined that, pursuant to 10 CFR 
50.12(a), 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 SNC an exemption from the 
requirements of 10 CFR part 50, Appendix E, Section IV.F.2.b and c for 
VEGP, Units 1 and 2.
    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 (70 FR 19108).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 13th day of April 2005.


[[Page 22929]]


    For the Nuclear Regulatory Commission.
Ledyard B. Marsh,
Director, Division of Licensing Project Management, Office of Nuclear 
Reactor Regulation.
[FR Doc. E5-2109 Filed 5-2-05; 8:45 am]
BILLING CODE 7590-01-P