Detroit Edison Company, FERMI 2; Exemption, 1197-1199 [2011-113]

Download as PDF Federal Register / Vol. 76, No. 5 / Friday, January 7, 2011 / Notices necessary to assist in connection with NASA’s efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. NUCLEAR REGULATORY COMMISSION [FR Doc. 2011–31 Filed 1–6–11; 8:45 am] Arizona Public Service Company, Palo Verde Nuclear Generating Station; Notice of Availability of the Final Supplement 43 to the Generic Environmental Impact Statement for License Renewal of Nuclear Plants BILLING CODE 7510–13–P NATIONAL LABOR RELATIONS BOARD Sunshine Act Meetings: January 2011 TIME AND DATES: All meetings are held at 2:30 p.m. Tuesday, January 4; Wednesday, January 5; Thursday, January 6; Friday, January 7; Tuesday, January 11; Wednesday, January 12; Thursday, January 13; Friday, January 14; Tuesday, January 18; Wednesday, January 19; Thursday, January 20; Friday, January 21; Tuesday, January 25; Wednesday, January 26; Thursday, January 27; Friday, January 28. Board Agenda Room, No. 11820, 1099 14th St., NW., Washington DC 20570. PLACE: STATUS: Closed. MATTERS TO BE CONSIDERED: Pursuant to § 102.139(a) of the Board’s Rules and Regulations, the Board or a panel thereof will consider ‘‘the issuance of a subpoena, the Board’s participation in a civil action or proceeding or an arbitration, or the initiation, conduct, or disposition * * * of particular representation or unfair labor practice proceedings under section 8, 9, or 10 of the [National Labor Relations] Act, or any court proceedings collateral or ancillary thereto.’’ See also 5 U.S.C. 552b(c)(10). CONTACT PERSON FOR MORE INFORMATION: Lester A. Heltzer, Executive Secretary, (202) 273–1067. Dated: January 5, 2011. Lester A. Heltzer, Executive Secretary. [FR Doc. 2011–260 Filed 1–5–11; 4:15 pm] jdjones on DSK8KYBLC1PROD with NOTICES BILLING CODE 7545–01–P VerDate Mar<15>2010 15:30 Jan 06, 2011 Jkt 223001 Notice is hereby given that the U.S. Nuclear Regulatory Commission (NRC) has published a final plant-specific supplement to the Generic Environmental Impact Statement for License Renewal of Nuclear Plants (GEIS), NUREG–1437, regarding the renewal of operating licenses NPF–41, NPF–51 and NPF–74 for an additional 20 years of operation for the Palo Verde Nuclear Generating Station (PVNGS). Possible alternatives to the proposed action (license renewal) include no action and reasonable alternative energy sources. As discussed in Section 9.4 of the final supplement, the staff determined that the adverse environmental impacts of license renewal for PVNGS are not so great that preserving the option of license renewal for energy planning decision makers would be unreasonable. This recommendation is based on: (1) The analysis and findings in the GEIS; (2) information provided in the environmental report (ER) submitted by Arizona Public Service Company; (3) consultation with Federal, State, and local agencies; (4) a review of pertinent documents and reports; and (5) consideration of public comments received during scoping and on the draft SEIS. The final Supplement 43 to the GEIS is publicly available at the NRC Public Document Room (PDR), located at One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, or from the NRC’s Agencywide Documents Access and Management System (ADAMS). The ADAMS Public Electronic Reading Room is accessible at http://www.nrc.gov/reading-rm/ adams.html. The accession number for the final Supplement 43 to the GEIS is ML103560149. Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS, should contact the NRC’s PDR reference staff by telephone at (800) 397–4209 or (301) 415–4737, or by e-mail at pdr@nrc.gov. In addition, the Litchfield Park Branch Library, 101 West Wigwam Boulevard, Litchfield Park, AZ 85340, has agreed to make the final supplement available for public inspection. Frm 00070 Fmt 4703 Sfmt 4703 Mr. David Drucker, Program Operations Branch, Division of License Renewal, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Mail Stop O–11F1, Washington, DC 20555–0001. Mr. Drucker may be contacted by telephone at (800) 368– 5642, extension 6223, or via e-mail at david.drucker@nrc.gov. FOR FURTHER INFORMATION CONTACT: [Docket Nos. 50–528, 50–529, 50–530; NRC– 2009–0012] PO 00000 1197 Dated at Rockville, Maryland, this 3rd day of January 2011. For the Nuclear Regulatory Commission. Trent Wertz, Chief, Program Operations Branch, Division of License Renewal, Office of Nuclear Reactor Regulation. [FR Doc. 2011–108 Filed 1–6–11; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 50–341; NRC–2010–0388] Detroit Edison Company, FERMI 2; Exemption 1.0 Background Detroit Edison Company (DECo) (the licensee) is the holder of Facility Operating License No. NFP–43 which authorizes operation of the Fermi 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 a boiling water reactor located in Monroe County in Michigan. 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 letter dated August 3, 2010 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML102230442), the licensee requested a one-time exemption from this requirement that would have allowed the licensee to not conduct the onsite portion of a biennial emergency preparedness (EP) exercise in 2010. Requests for additional information (RAIs) were sent to the licensee on September 13, 2010 (ADAMS Accession No. ML102580355), and a teleconference was held with the licensee on September 17, 2010, to discuss the RAIs. By letter dated October 22, 2010 (ADAMS Accession No. ML102950490), the licensee responded to the RAIs and amended their request to include only a one-time E:\FR\FM\07JAN1.SGM 07JAN1 1198 Federal Register / Vol. 76, No. 5 / Friday, January 7, 2011 / Notices jdjones on DSK8KYBLC1PROD with NOTICES schedular exemption to postpone the onsite portion of the biennial EP exercise until calendar year (CY) 2011. As a result of the licensee’s responses to first set of RAIs, a second set of RAIs were sent to the licensee on October 29, 2010 (ADAMS Accession No. ML103050328). A telephone call was conducted with the licensee on November 4, 2010, to discuss these additional RAIs. The licensee responded to the second set of RAIs by letter dated November 15, 2010 (ADAMS Accession No. ML103200126). The licensee’s original request for an exemption stated that a tornado swept across the Fermi 2 property on June 6, 2010, and that the resulting damage led to an Alert declaration and the activation of the licensee’s Emergency Response Organization (ERO). Due to the tornado event, the licensee chose to cancel its scheduled biennial EP exercise on June 8, 2010. In the original request, the licensee asked to be given credit for their scheduled 2010 biennial EP exercise based upon the Alert declaration and subsequent response to the June 6, 2010, tornado event. In the licensee’s letter in response to the first set of RAIs, the licensee states that: ‘‘Rescheduling the cancelled exercise in calendar year 2010 is not considered due to the unavailability of resources necessary to prepare for and conduct an NRC-evaluated exercise. DECo resources since the cancellation of the exercise were devoted to safely planning and preparing for the fall refueling outage.’’ The licensee’s original request stated that it did participate in a limited scope biennial EP exercise utilizing partial onsite participation and full participation by state and local response organizations on June 8, 2010. Participation by state and local response organizations was evaluated by the Federal Emergency Management Agency (FEMA) and therefore met the biennial exercise requirement for these offsite agencies. In summary, as a result of the impact of the combined need to recover from the tornado damage and support a scheduled refueling outage, the licensee requested, in response to the staff RAIs, an exemption that would allow rescheduling the onsite portion of the exercise from CY 2010 until CY 2011. 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, VerDate Mar<15>2010 15:30 Jan 06, 2011 Jkt 223001 and are consistent with the common defense and security; and (2) 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 during CY 2010 until CY 2011. 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 part 50, Appendix E, Section IV.F.2.b requiring licensees to conduct a biennial EP exercise is to ensure that ERO personnel are familiar with their duties and to test the adequacy of emergency plans. In addition, 10 CFR part 50, Appendix E, Section IV.F.2.b also requires licensees to maintain adequate emergency response capabilities during the intervals between biennial EP 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 Fermi 2 full-participation exercise in CY 2011, rather than CY 2010, places the exercise outside of the required biennium. Since the last biennial EP exercise on May 20, 2008, the licensee has conducted 20 training drills that collectively exercised the principal functional areas of emergency response, including management, coordination of emergency response, accident assessment, protective action decision making, and plant system repair and corrective actions. These drills, collectively, involved all onsite emergency response facilities and many of the drills included participation by offsite response organizations. In addition, at the request of FEMA, the licensee supported the State and local authorities with the offsite portion of the biennial EP exercise on June 8, 2010, thereby facilitating the FEMA evaluation of the State and local authorities. The NRC staff considers the intent of this requirement is met by PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 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 June 8, 2010, to CY 2011. 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 EP exercise from the previously scheduled date of June 8, 2010, to CY 2011. 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: ‘‘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.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. The underlying purposes of 10 CFR part 50, Appendix E, Section IV.F.2.b requiring licensees to conduct a biennial EP exercise is to ensure that ERO personnel are familiar with their duties and to test the adequacy of emergency plans. Since the licensee has conducted 20 training drills exercising the principle functional areas of emergency response since the last evaluated biennial EP exercise, has activated all onsite emergency response facilities during those drills, and has 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. 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 E:\FR\FM\07JAN1.SGM 07JAN1 Federal Register / Vol. 76, No. 5 / Friday, January 7, 2011 / Notices with the regulation. Due to the activation of ERO personnel as a result of the tornado two days prior to June 8, 2010 biennial exercise, the 20 training drills conducted since the last evaluated biennial EP exercise, and the licensee’s support of the FEMA evaluation of the State and local authorities during the June 8, 2010 exercise, the NRC staff considers the licensee to have made good faith efforts to comply with the regulation. Also, the requested exemption to conduct the onsite EP exercise in CY 2011 instead of CY 2010 would grant only temporary relief from the applicable regulation. Since the underlying purpose of 10 CFR part 50, Appendix E, Section IV.F.2.b is achieved, 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, the special circumstances required by 10 CFR 50.12(a)(2)(ii and v) exist for the granting of an exemption. 4.0 Conclusion jdjones on DSK8KYBLC1PROD with NOTICES 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, is consistent with the common defense and security, and special circumstances are present. Therefore, the Commission, hereby grants DECo an exemption from the requirements of 10 CFR Part 50, Appendix E, Section IV.F.2.b to conduct the onsite portion of the Fermi 2 biennial EP exercise required for CY 2010, permitting that part of the exercise to be conducted in coordination with NRC Region III and Fermi 2 plant schedule as soon as reasonably achievable in CY 2011. 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 (75 FR 81316). This exemption is effective upon issuance. Dated at Rockville, Maryland, this 27th day of December 2010. For the Nuclear Regulatory Commission. Allen. G. Howe, Acting Director, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. 2011–113 Filed 1–6–11; 8:45 am] BILLING CODE 7590–01–P VerDate Mar<15>2010 15:30 Jan 06, 2011 Jkt 223001 POSTAL REGULATORY COMMISSION [Docket Nos. MC2011–18 and CP2011–57; Order No. 635] New Postal Product Postal Regulatory Commission. Notice. AGENCY: ACTION: The Commission is noticing a recently-filed Postal Service request to add Priority Mail Contract 35 to the competitive product list. This notice addresses procedural steps associated with this filing. DATES: Comments are due: January 12, 2011. ADDRESSES: Submit comments electronically via the Commission’s Filing Online system at http:// www.prc.gov. Commenters who cannot submit their views electronically should contact the person identified in FOR FURTHER INFORMATION CONTACT by telephone for advice on alternatives to electronic filing. FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, stephen.sharfman@prc.gov or 202–789– 6820. SUPPLEMENTARY INFORMATION: SUMMARY: Table of Contents I. Introduction II. Notice of Filing III. Ordering Paragraphs I. Introduction In accordance with 39 U.S.C. 3642 and 39 CFR 3020.30 et seq., the Postal Service filed a formal request and associated supporting information to add Priority Mail Contract 35 to the competitive product list.1 Priority Mail contracts enable the Postal Service to provide Priority Mail service to an individual customer at customized rates.2 The Postal Service asserts that Priority Mail Contract 35 is a competitive product ‘‘not of general applicability’’ within the meaning of 39 U.S.C. 3632(b)(3). Request at 1. The Request has been assigned Docket No. MC2011–18. The Postal Service contemporaneously filed a redacted contract related to the proposed new product under 39 U.S.C. 3632(b)(3) and 1 Request of the United States Postal Service to Add Priority Mail Contract 35 to Competitive Product List and Notice of Filing (Under Seal) of Contract and Supporting Data, December 30, 2010 (Request). 2 Decision of the Governors of the United States Postal Service on Establishment of Rates and Classes Not of General Applicability for Priority Mail Contract Group, Docket No. MC2009–25, issued April 27, 2009, at 1 (Governors’ Decision No. 09–6). PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 1199 39 CFR 3015.5. Id., Attachment B. The instant contract has been assigned Docket No. CP2011–57. Request. To support its Request, the Postal Service filed six attachments as follows: • Attachment A—a redacted copy of Governors’ Decision No. 09–6, authorizing certain Priority Mail contracts, and a certification of the Governors’ vote; • Attachment B—a redacted copy of the contract; • Attachment C—proposed changes to the Mail Classification Schedule competitive product list that would add Priority Mail Contract 35 under Domestic Negotiated Service Agreements; • Attachment D—a Statement of Supporting Justification as required by 39 CFR 3020.32; • Attachment E—a certification of compliance with 39 U.S.C. 3633(a); and • Attachment F—an application for non-public treatment of materials to maintain redacted portions of the contract, customer-identifying information, and related financial information under seal. In the Statement of Supporting Justification, Josen Punnoose, Manager, Shipping Support (A), Shipping Services, asserts that the service to be provided under the contract will cover its attributable costs, make a positive contribution to covering institutional costs, and increase contribution toward the requisite 5.5 percent of the Postal Service’s total institutional costs. Id., Attachment D at 1. Mr. Punnoose contends that there will be no issue of market dominant products subsidizing competitive products as a result of this contract. Id. Related contract. The Postal Service included a redacted version of the related contract with the Request. Id., Attachment B. The contract is scheduled to become effective 1 business day after the Commission issues all necessary regulatory approvals. Id. at 2. The contract will expire 3 years from the effective date unless, among other things, either party terminates the agreement upon 30 days’ written notice to the other party. Id. at 2–3. The Postal Service represents that the contract is consistent with 39 U.S.C. 3633(a). Id., Attachment D. The Postal Service filed much of the supporting materials, including the related contract, under seal. Id., Attachment F. It maintains that redacted portions of the contract, customeridentifying information, and related financial information should remain confidential. Id. at 2–3. This information includes the price structure, E:\FR\FM\07JAN1.SGM 07JAN1

Agencies

[Federal Register Volume 76, Number 5 (Friday, January 7, 2011)]
[Notices]
[Pages 1197-1199]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-113]


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

NUCLEAR REGULATORY COMMISSION

[Docket No. 50-341; NRC-2010-0388]


Detroit Edison Company, FERMI 2; Exemption

1.0 Background

    Detroit Edison Company (DECo) (the licensee) is the holder of 
Facility Operating License No. NFP-43 which authorizes operation of the 
Fermi 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 a boiling water reactor located in Monroe County 
in Michigan.

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 letter dated August 3, 2010 (Agencywide Documents Access and 
Management System (ADAMS) Accession No. ML102230442), the licensee 
requested a one-time exemption from this requirement that would have 
allowed the licensee to not conduct the onsite portion of a biennial 
emergency preparedness (EP) exercise in 2010. Requests for additional 
information (RAIs) were sent to the licensee on September 13, 2010 
(ADAMS Accession No. ML102580355), and a teleconference was held with 
the licensee on September 17, 2010, to discuss the RAIs. By letter 
dated October 22, 2010 (ADAMS Accession No. ML102950490), the licensee 
responded to the RAIs and amended their request to include only a one-
time

[[Page 1198]]

schedular exemption to postpone the onsite portion of the biennial EP 
exercise until calendar year (CY) 2011. As a result of the licensee's 
responses to first set of RAIs, a second set of RAIs were sent to the 
licensee on October 29, 2010 (ADAMS Accession No. ML103050328). A 
telephone call was conducted with the licensee on November 4, 2010, to 
discuss these additional RAIs. The licensee responded to the second set 
of RAIs by letter dated November 15, 2010 (ADAMS Accession No. 
ML103200126).
    The licensee's original request for an exemption stated that a 
tornado swept across the Fermi 2 property on June 6, 2010, and that the 
resulting damage led to an Alert declaration and the activation of the 
licensee's Emergency Response Organization (ERO). Due to the tornado 
event, the licensee chose to cancel its scheduled biennial EP exercise 
on June 8, 2010. In the original request, the licensee asked to be 
given credit for their scheduled 2010 biennial EP exercise based upon 
the Alert declaration and subsequent response to the June 6, 2010, 
tornado event. In the licensee's letter in response to the first set of 
RAIs, the licensee states that: ``Rescheduling the cancelled exercise 
in calendar year 2010 is not considered due to the unavailability of 
resources necessary to prepare for and conduct an NRC-evaluated 
exercise. DECo resources since the cancellation of the exercise were 
devoted to safely planning and preparing for the fall refueling 
outage.'' The licensee's original request stated that it did 
participate in a limited scope biennial EP exercise utilizing partial 
onsite participation and full participation by state and local response 
organizations on June 8, 2010. Participation by state and local 
response organizations was evaluated by the Federal Emergency 
Management Agency (FEMA) and therefore met the biennial exercise 
requirement for these offsite agencies.
    In summary, as a result of the impact of the combined need to 
recover from the tornado damage and support a scheduled refueling 
outage, the licensee requested, in response to the staff RAIs, an 
exemption that would allow rescheduling the onsite portion of the 
exercise from CY 2010 until CY 2011.

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) 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 during CY 2010 until CY 
2011.
    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 part 50, Appendix E, Section 
IV.F.2.b requiring licensees to conduct a biennial EP exercise is to 
ensure that ERO personnel are familiar with their duties and to test 
the adequacy of emergency plans. In addition, 10 CFR part 50, Appendix 
E, Section IV.F.2.b also requires licensees to maintain adequate 
emergency response capabilities during the intervals between biennial 
EP 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 
Fermi 2 full-participation exercise in CY 2011, rather than CY 2010, 
places the exercise outside of the required biennium. Since the last 
biennial EP exercise on May 20, 2008, the licensee has conducted 20 
training drills that collectively exercised the principal functional 
areas of emergency response, including management, coordination of 
emergency response, accident assessment, protective action decision 
making, and plant system repair and corrective actions. These drills, 
collectively, involved all onsite emergency response facilities and 
many of the drills included participation by offsite response 
organizations. In addition, at the request of FEMA, the licensee 
supported the State and local authorities with the offsite portion of 
the biennial EP exercise on June 8, 2010, 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 June 8, 2010, to CY 2011. 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 EP exercise from the previously scheduled date 
of June 8, 2010, to CY 2011. 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: ``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.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. The underlying 
purposes of 10 CFR part 50, Appendix E, Section IV.F.2.b requiring 
licensees to conduct a biennial EP exercise is to ensure that ERO 
personnel are familiar with their duties and to test the adequacy of 
emergency plans. Since the licensee has conducted 20 training drills 
exercising the principle functional areas of emergency response since 
the last evaluated biennial EP exercise, has activated all onsite 
emergency response facilities during those drills, and has 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.
    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

[[Page 1199]]

with the regulation. Due to the activation of ERO personnel as a result 
of the tornado two days prior to June 8, 2010 biennial exercise, the 20 
training drills conducted since the last evaluated biennial EP 
exercise, and the licensee's support of the FEMA evaluation of the 
State and local authorities during the June 8, 2010 exercise, the NRC 
staff considers the licensee to have made good faith efforts to comply 
with the regulation. Also, the requested exemption to conduct the 
onsite EP exercise in CY 2011 instead of CY 2010 would grant only 
temporary relief from the applicable regulation. Since the underlying 
purpose of 10 CFR part 50, Appendix E, Section IV.F.2.b is achieved, 
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, the special circumstances required by 10 CFR 
50.12(a)(2)(ii and v) exist for the granting of an exemption.

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, is consistent with the common 
defense and security, and special circumstances are present. Therefore, 
the Commission, hereby grants DECo an exemption from the requirements 
of 10 CFR Part 50, Appendix E, Section IV.F.2.b to conduct the onsite 
portion of the Fermi 2 biennial EP exercise required for CY 2010, 
permitting that part of the exercise to be conducted in coordination 
with NRC Region III and Fermi 2 plant schedule as soon as reasonably 
achievable in CY 2011.
    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 (75 FR 81316).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 27th day of December 2010.

    For the Nuclear Regulatory Commission.
Allen. G. Howe,
Acting Director, Division of Operating Reactor Licensing, Office of 
Nuclear Reactor Regulation.
[FR Doc. 2011-113 Filed 1-6-11; 8:45 am]
BILLING CODE 7590-01-P