South Carolina Electric and Gas Company, Virgil C. Summer Nuclear Station, Unit 1; Exemption, 68286-68287 [E9-30482]

Download as PDF 68286 Federal Register / Vol. 74, No. 245 / Wednesday, December 23, 2009 / Notices Security Background Check: The selected nominee will undergo a thorough security background check. Security paperwork may take the nominee several weeks to complete. Nominees will also be required to complete a financial disclosure statement to avoid conflicts of interest. Dated at Rockville, Maryland, this 17th day of December 2009. For the U.S. Nuclear Regulatory Commission. Andrew L. Bates, Advisory Committee Management Officer. [FR Doc. E9–30497 Filed 12–22–09; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 50–395; NRC–2009–0566] South Carolina Electric and Gas Company, Virgil C. Summer Nuclear Station, Unit 1; Exemption srobinson on DSKHWCL6B1PROD with NOTICES 1.0 Background The South Carolina Electric and Gas Company (the licensee) is the holder of Facility Operating License No. NPF–12 which authorizes operation of the Virgil C. Summer Nuclear Station, Unit 1. 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 a pressurizedwater reactor located in Fairfield County in South Carolina. 2.0 Request/Action Title 10 of the Code of Federal Regulations (10 CFR), Part 50, Appendix E, Section IV.F.2.b requires that ‘‘Each licensee at each site shall conduct an exercise of its onsite emergency plan every 2 years. * * *’’ By letters dated October 15, and November 3, 2009, the licensee requested a one-time exemption from this requirement that would allow postponing the onsite portion of the biennial emergency preparedness exercise from October 2009 until April 2010. The licensee states that it has made a good faith effort to comply with the regulation in that the biennial exercise was previously scheduled to be performed on October 7, 2009. The licensee further states, ‘‘However, a plant trip occurred on October 2, 2009 due to failure of the main generator output breaker. The plant trip required redirection of station resources to respond to the forced outage and to perform recovery activities. Since the recovery efforts were a major VerDate Nov<24>2008 16:41 Dec 22, 2009 Jkt 220001 distraction, the decision was made to postpone the exercise.’’ The licensee states that it did participate in the offsite portion of the exercise on October 7, 2009, with Federal, state and local authorities. Therefore, since the scenario for the exercise is known to the licensee emergency response organization (ERO) team members designated for the offsite portion of the exercise, the scenario will require modification for the forthcoming onsite portion of the exercise and a new ERO team will need to be selected to participate in the onsite portion of the biennial exercise. In summary, as a result of the impact of the combined need to repair the generator output breaker, an ongoing extensive refueling outage, the associated unavailability of key station personnel and the need to perform activities to support the onsite portion of the exercise, the licensee requests an exemption that would allow rescheduling the onsite portion of the exercise from the year 2009 until April 2010. 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 to accommodate these impacts upon its resources by postponing the onsite portion of the exercise from the previously scheduled date of October 2009 until April 2010. 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 The underlying purpose of 10 CFR 50, Appendix E, Section IV.F.2.b requiring licensees to conduct a biennial exercise is to ensure that ERO personnel are familiar with their duties and to test the adequacy of emergency plans. In addition, 10 CFR 50, Appendix E, PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 Section IV.F.2.b also requires licensees to maintain adequate emergency response capabilities during the intervals between biennial exercises by conducting drills to exercise the principal functional areas of emergency response. 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 VCSNS fullparticipation exercise in calendar year 2010 places the exercise past the previously scheduled biennial calendar year of 2009. Since the last biennial exercise on October 2, 2007, the licensee has conducted nine full-Station participation training drills to exercise these principal functional areas, including an after-hours augmentation drill. In addition, at the request of the Federal Emergency Management Agency (FEMA), the licensee supported the State and local authorities with the offsite portion of the biennial exercise on October 7, 2009, thereby facilitating the FEMA evaluation of the State and local authorities. The NRC staff considers the intent of this requirement is met by having conducted these series of training drills. Based on the above, no new accident precursors are created by allowing the licensee to postpone the onsite portion of the exercise from the previously scheduled date of October 2009 until April 2010. Thus, the probability and 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 onsite portion of the biennial emergency planning exercise from the previously scheduled date of October 2009 until April 2010. This change to the emergency planning exercise schedule has no relation to security issues. Therefore, the common defense and security is not impacted by this exemption. Special Circumstances For regulations that require special circumstances for exemptions in accordance with 10 CFR 50.12, special circumstances are present whenever application of the regulation in the particular circumstances is not necessary to achieve the underlying purpose of the rule. The underlying purpose of 10 CFR 50, Appendix E, Section IV.F.2.b requiring licensees to conduct a biennial exercise is to ensure that ERO personnel are familiar with their duties and to test the adequacy of E:\FR\FM\23DEN1.SGM 23DEN1 Federal Register / Vol. 74, No. 245 / Wednesday, December 23, 2009 / Notices srobinson on DSKHWCL6B1PROD with NOTICES emergency plans. As a result of the licensee participating in the offsite portion of the exercise performed on October 7, 2009, the exercise scenario would be compromised with respect to having the licensee’s ERO subsequently conduct the onsite exercise in accordance with that scenario. Thus, to ensure exercise integrity, the scenario will require modification and a new ERO will be selected to participate in the onsite portion of the biennial exercise. The licensee states that with the station currently in a refueling outage, key personnel are not available to complete the scenario modification activities and conduct the exercise prior to the end of calendar year 2009. Section IV.F.2.b of 10 CFR Part 50, Appendix E requires licensees at each site to conduct an exercise of onsite emergency plans biennially with fullparticipation by each offsite authority having a role under the plan. Since the licensee has conducted nine full-Station participation training drills and supported the FEMA evaluation of the State and local authorities, 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, since the underlying purpose of 10 CFR 50, Appendix E, Section IV.F.2.b is achieved, the special circumstances required by 10 CFR 50.12 for the granting of an exemption exist. Under 10 CFR 50.12(a)(2)(v), special circumstances are also 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 NRC staff finds that the licensee has made good faith efforts to comply with the emergency planning regulations in that it had previously scheduled the onsite portion of the exercise for October 2009 and it had also implemented other emergency planning requirements by conducting the series of onsite drills and the offsite portion of the exercise, as discussed above. 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. Therefore, the Commission, hereby grants South Carolina Electric and Gas Company an exemption from the requirements of 10 CFR Part 50, Appendix E, Section VerDate Nov<24>2008 16:41 Dec 22, 2009 Jkt 220001 IV.F.2.b to conduct the onsite portion of the biennial emergency planning exercise required for 2009, to permit that part of the exercise to be conducted by April 30, 2010 for the Virgil C. Summer Nuclear Station, Unit 1. 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 (74 FR 66697). This exemption is effective upon issuance. Dated at Rockville, Maryland, this 17th day of December 2009. For the Nuclear Regulatory Commission. Joseph. G. Giitter, Director, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. E9–30482 Filed 12–22–09; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2009–0565] License Renewal Interim Staff Guidance LR–ISG–2007–02: Changes to Generic Aging Lessons Learned Report Aging Management Program XI.E6, Electrical Cable Connections Not Subject to 10 CFR 50.49 Environmental Qualification Requirements’’; Notice of Availability Nuclear Regulatory Commission (NRC). ACTION: Notice of availability. AGENCY: SUMMARY: The NRC is issuing the final License Renewal Interim Staff Guidance (LR–ISG), LR–ISG–2007–02, ‘‘Changes to Generic Aging Lessons Learned (GALL) Report Aging Management Program (AMP) XI.E6, ‘‘Electrical Cable Connections Not Subject to 10 CFR 50.49 Environmental Qualification Requirements.’’ LR–ISG–2007–02 revises current NRC guidance in Section XI.E6 of NUREG–1801, Revision 1, ‘‘Generic Aging Lessons Learned (GALL) Report,’’ Volume 2, dated September 2005 (GALL Report). Volume 2 of the GALL Report is available in the NRC’s Agencywide Documents Access and Management System (ADAMS) under Accession No. ML052780376. The revised GALL Report Section XI.E6 recommends an AMP with a one-time inspection for electrical cable connections not subject to 10 CFR 50.49 environmental qualification requirements, instead of the periodic inspection as currently recommended in the GALL Report. The NRC staff has determined that a one-time inspection, PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 68287 on a representative sample basis, is adequate to ensure that either aging of metallic cable connections is not occurring and/or that an existing preventive maintenance program is effective such that a periodic inspection is not required. The final LR–ISG–2007– 02 is available under Accession No. ML091940093. FOR FURTHER INFORMATION CONTACT: Mr. Matthew Homiack, Division of License Renewal, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001; telephone 301–415–1683; or email Matthew.Homiack@nrc.gov. ADDRESSES: Documents created or received after November 1, 1999, are available electronically at the NRC’s Public Electronic Reading Room on the Internet at http://www.nrc.gov/readingrm/adams.html. From this site, the public can gain entry into ADAMS. If you do not have access to the Internet or if there are any problems in accessing the documents located in ADAMS, contact the NRC Public Document Room reference staff at 1–800–397–4209, 301– 415–4737, or by e-mail at PDR.Resource@nrc.gov. The NRC posts LR–ISGs on its public web page under the ‘‘License Renewal’’ heading at http://www.nrc.gov/readingrm/doc-collections/isg. SUPPLEMENTARY INFORMATION: Background The NRC issues LR–ISGs to communicate insights and lessons learned and to address emergent issues that are not addressed in the guidance documents NRC published to facilitate implementation of Part 54, ‘‘Requirements for Renewal of Operating Licenses for Nuclear Power Plants,’’ of Title 10 of the Code of Federal Regulations (10 CFR Part 54). The NRC staff and stakeholders use LR–ISGs until their guidance is incorporated into a formal license renewal guidance document revision. By letter dated September 5, 2006 (ML062770105), the Nuclear Energy Institute (NEI) submitted a white paper to the NRC regarding GALL AMP XI.E6 (ML062770111). NEI expressed several concerns regarding the AMP and asked that the NRC staff consider the position in the white paper in order to eliminate GALL AMP XI.E6 or minimize its scope and redundancy. On November 30, 2006, the NRC staff met with NEI representatives to discuss the white paper, as documented in ‘‘Summary of the License Renewal Meeting between the U.S. Nuclear Regulatory Commission Staff and the Nuclear Energy Institute Regarding Generic E:\FR\FM\23DEN1.SGM 23DEN1

Agencies

[Federal Register Volume 74, Number 245 (Wednesday, December 23, 2009)]
[Notices]
[Pages 68286-68287]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30482]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket No. 50-395; NRC-2009-0566]


South Carolina Electric and Gas Company, Virgil C. Summer Nuclear 
Station, Unit 1; Exemption

1.0 Background

    The South Carolina Electric and Gas Company (the licensee) is the 
holder of Facility Operating License No. NPF-12 which authorizes 
operation of the Virgil C. Summer Nuclear Station, Unit 1. 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 a pressurized-water reactor located in Fairfield County in South 
Carolina.

2.0 Request/Action

    Title 10 of the Code of Federal Regulations (10 CFR), Part 50, 
Appendix E, Section IV.F.2.b requires that ``Each licensee at each site 
shall conduct an exercise of its onsite emergency plan every 2 years. * 
* *'' By letters dated October 15, and November 3, 2009, the licensee 
requested a one-time exemption from this requirement that would allow 
postponing the onsite portion of the biennial emergency preparedness 
exercise from October 2009 until April 2010.
    The licensee states that it has made a good faith effort to comply 
with the regulation in that the biennial exercise was previously 
scheduled to be performed on October 7, 2009. The licensee further 
states, ``However, a plant trip occurred on October 2, 2009 due to 
failure of the main generator output breaker. The plant trip required 
redirection of station resources to respond to the forced outage and to 
perform recovery activities. Since the recovery efforts were a major 
distraction, the decision was made to postpone the exercise.'' The 
licensee states that it did participate in the offsite portion of the 
exercise on October 7, 2009, with Federal, state and local authorities. 
Therefore, since the scenario for the exercise is known to the licensee 
emergency response organization (ERO) team members designated for the 
offsite portion of the exercise, the scenario will require modification 
for the forthcoming onsite portion of the exercise and a new ERO team 
will need to be selected to participate in the onsite portion of the 
biennial exercise.
    In summary, as a result of the impact of the combined need to 
repair the generator output breaker, an ongoing extensive refueling 
outage, the associated unavailability of key station personnel and the 
need to perform activities to support the onsite portion of the 
exercise, the licensee requests an exemption that would allow 
rescheduling the onsite portion of the exercise from the year 2009 
until April 2010.

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 to accommodate these 
impacts upon its resources by postponing the onsite portion of the 
exercise from the previously scheduled date of October 2009 until April 
2010.
    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

    The underlying purpose of 10 CFR 50, Appendix E, Section IV.F.2.b 
requiring licensees to conduct a biennial exercise is to ensure that 
ERO personnel are familiar with their duties and to test the adequacy 
of emergency plans. In addition, 10 CFR 50, Appendix E, Section 
IV.F.2.b also requires licensees to maintain adequate emergency 
response capabilities during the intervals between biennial exercises 
by conducting drills to exercise the principal functional areas of 
emergency response. 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 
VCSNS full-participation exercise in calendar year 2010 places the 
exercise past the previously scheduled biennial calendar year of 2009. 
Since the last biennial exercise on October 2, 2007, the licensee has 
conducted nine full-Station participation training drills to exercise 
these principal functional areas, including an after-hours augmentation 
drill. In addition, at the request of the Federal Emergency Management 
Agency (FEMA), the licensee supported the State and local authorities 
with the offsite portion of the biennial exercise on October 7, 2009, 
thereby facilitating the FEMA evaluation of the State and local 
authorities. The NRC staff considers the intent of this requirement is 
met by having conducted these series of training drills.
    Based on the above, no new accident precursors are created by 
allowing the licensee to postpone the onsite portion of the exercise 
from the previously scheduled date of October 2009 until April 2010. 
Thus, the probability and 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 onsite 
portion of the biennial emergency planning exercise from the previously 
scheduled date of October 2009 until April 2010. This change to the 
emergency planning exercise schedule has no relation to security 
issues. Therefore, the common defense and security is not impacted by 
this exemption.

Special Circumstances

    For regulations that require special circumstances for exemptions 
in accordance with 10 CFR 50.12, special circumstances are present 
whenever application of the regulation in the particular circumstances 
is not necessary to achieve the underlying purpose of the rule. The 
underlying purpose of 10 CFR 50, Appendix E, Section IV.F.2.b requiring 
licensees to conduct a biennial exercise is to ensure that ERO 
personnel are familiar with their duties and to test the adequacy of

[[Page 68287]]

emergency plans. As a result of the licensee participating in the 
offsite portion of the exercise performed on October 7, 2009, the 
exercise scenario would be compromised with respect to having the 
licensee's ERO subsequently conduct the onsite exercise in accordance 
with that scenario. Thus, to ensure exercise integrity, the scenario 
will require modification and a new ERO will be selected to participate 
in the onsite portion of the biennial exercise. The licensee states 
that with the station currently in a refueling outage, key personnel 
are not available to complete the scenario modification activities and 
conduct the exercise prior to the end of calendar year 2009. Section 
IV.F.2.b of 10 CFR Part 50, Appendix E requires licensees at each site 
to conduct an exercise of onsite emergency plans biennially with full-
participation by each offsite authority having a role under the plan. 
Since the licensee has conducted nine full-Station participation 
training drills and supported the FEMA evaluation of the State and 
local authorities, 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, since the underlying purpose of 10 CFR 50, Appendix E, 
Section IV.F.2.b is achieved, the special circumstances required by 10 
CFR 50.12 for the granting of an exemption exist.
    Under 10 CFR 50.12(a)(2)(v), special circumstances are also 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 NRC staff finds that the 
licensee has made good faith efforts to comply with the emergency 
planning regulations in that it had previously scheduled the onsite 
portion of the exercise for October 2009 and it had also implemented 
other emergency planning requirements by conducting the series of 
onsite drills and the offsite portion of the exercise, as discussed 
above.

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. 
Therefore, the Commission, hereby grants South Carolina Electric and 
Gas Company an exemption from the requirements of 10 CFR Part 50, 
Appendix E, Section IV.F.2.b to conduct the onsite portion of the 
biennial emergency planning exercise required for 2009, to permit that 
part of the exercise to be conducted by April 30, 2010 for the Virgil 
C. Summer Nuclear Station, Unit 1.
    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 (74 FR 66697).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 17th day of December 2009.

    For the Nuclear Regulatory Commission.
Joseph. G. Giitter,
Director, Division of Operating Reactor Licensing, Office of Nuclear 
Reactor Regulation.
[FR Doc. E9-30482 Filed 12-22-09; 8:45 am]
BILLING CODE 7590-01-P