[Federal Register Volume 66, Number 249 (Friday, December 28, 2001)]
[Notices]
[Pages 67333-67334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31928]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-352 and 50-353]
Exelon Generation Company, LLC, Limerick Generating Station,
Units 1 and 2; Exemption
1.0 Background
Exelon Generation Company, LLC (Exelon or the licensee), is the
holder of Facility Operating Licenses Nos. NPF-39 and NPF-85, which
authorize operation of the Limerick Generating Station (LGS), Units 1
and 2. The licenses provide, 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 two boiling-water reactors located at the
licensee's site in Montgomery County, Pennsylvania.
2.0 Request/Action
Title 10 of the Code of Federal Regulations (10 CFR), part 50,
Appendix E, Section IV.F.2.b requires each licensee at each site to
conduct an exercise of its onsite emergency plan every two years and
indicates the exercise may be included in the full-participation
biennial exercise required by paragraph 2.c. of the same section. In
addition, licensees are to take actions necessary to ensure that
adequate emergency response capabilities are maintained during the
interval between biennial exercises by conducting drills. Paragraph
2.c. requires offsite plans for each site to be exercised biennially
with full participation by each offsite authority having a role under
the plan. Normally during such biennial full-participation exercises,
the NRC evaluates onsite, and the Federal Emergency Management Agency
(FEMA) evaluates offsite, emergency preparedness activities.
By letter dated October 16, 2001, Exelon requested an exemption
from the requirements of 10 CFR part 50, Appendix E, Sections IV.F.2.c,
regarding the conduct of a full-participation exercise at LGS. The
exemption would allow the licensee to postpone the biennial full-
participation exercise up to the end of 2002. However, the next full-
participation exercise will continue to be scheduled biennially from
2001.
Exelon is among several licensees requesting exercise exemptions in
the wake of the national emergency of September 11, 2001. It is
recognized that it was not appropriate to conduct an exercise during
the period of disruption and heightened security after the national
emergency. The State of Pennsylvania was initially involved with the
recovery response to the national emergency and continues to respond to
heightened security needs. Considering the extraordinary circumstances,
a schedular exemption is acceptable. However, in this period of
heightened security concerns regarding nuclear plant vulnerability, it
is prudent to conduct the full-participation exercise as soon as
practical to demonstrate and maintain readiness.
The licensee is faced with a difficult task to coordinate and
schedule an exercise that involves multiple governmental agencies at
the Federal, State, and local level. Many local response organizations
depend on volunteers. In order to accommodate this task, the NRC has
allowed licensees to schedule full-participation exercises at any time
during the calendar biennium. This gives the licensee the flexibility
to schedule the exercise within a 12- to 36-month window and still meet
the biennial requirement specified in the regulations.
It should be noted that the licensee requested relief from 10 CFR
part 50, appendix E, section IV.F.2.c. While the intent of the request
is clear, the NRC staff determined that a schedular exemption from the
onsite exercise requirements of 10 CFR part 50, appendix E, section
IV.F.2. b, was also necessary. The following evaluation addresses the
technical issues necessary to grant a schedular exemption from the
requirements of 10 CFR part 50, appendix E, sections IV.F.2.b and c, to
conduct an evaluated biennial exercise.
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 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. 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 licensee was scheduled to conduct a biennial full-participation
exercise on November 1, 2001. The requested exemption is to postpone
that exercise and conduct it during 2002. The interval between biennial
exercises could be as long as 39 months, if the exercise were conducted
in December of 2002. However, the licensee stated that the rescheduled
exercise is expected to take place in the first or second quarter of
2002. If the licensee does conduct the exercise within the second
quarter of 2002, the period between exercises would be about 33 months
and within the normal parameters of exercise conduct, in which a period
of 36 months is acceptable as long as the sequential exercises are
conducted within the calender biennium. However, given that other 2001
exercises in NRC Region I will be rescheduled into 2002, the licensee
may have difficulty finalizing the schedule by the end of the second
quarter. To reschedule this exercise, the licensee will have to
coordinate with local and State supporting agencies as well as NRC
Region I and FEMA Region III. This effort will be complicated by the
fact that NRC and FEMA will have to support the normally scheduled
exercises in addition to the rescheduled exercises during 2002.
Increased flexibility may be necessary for scheduling of Federal
resources more so than local or utility resources. This being the case,
a schedular exemption for conduct of the exercise within calendar year
2002 is appropriate, with the understanding that the licensee will
conduct the exercise as soon as practicable.
LGS successfully conducted a full-participation exercise on
September 14, 1999, which was evaluated by the NRC (Inspection Report
No. 50-352;353/99-06) and FEMA (Final Exercise Report LGS 03/01/00.)
The results of this exercise determined that the overall performance of
the emergency response organization demonstrated that onsite emergency
plans are adequate and that the organization is capable of implementing
these plans. No violations of NRC requirements or exercise weaknesses
were identified and the licensee stated that performance issues
identified in the critique were entered into the corrective action
process and addressed.
The licensee stated that subsequent to the September 14, 1999,
full-
[[Page 67334]]
participation exercise, LGS conducted emergency response training
drills on June 14, 2000, June 21, 2000, October 18, 2000, November 15,
2000, December 12, 2000, February 15, 2001, May 12, 2001, and June 20,
2001. A pre-exercise drill was also conducted on September 27, 2001.
The licensee stated that there was at least partial offsite
participation in the June 21, 2000, November 15, 2000, December 12,
2000, June 20, 2001, and September 27, 2001, drills. In addition,
emergency response training drills involving control room staff were
conducted on January 20, 2000, January 27, 2000, February 3, 2000,
February 10, 2000, February 17, 2000, January 12, 2001, January 19,
2001, January 26, 2001, February 2, 2001, and February 9, 2001. The
licensee stated that these drills satisfy the drill requirements of 10
CFR Part 50, Appendix E, Section IV.F.2.b. The licensee stated that
drill critiques verified that the emergency plan and its implementing
procedures were successfully implemented. Issues identified during
these drills, exercises, and associated critiques are being resolved
under the station's corrective action program.
The licensee stated that compensating measures will be taken to
maintain emergency preparedness at LGS until the postponed exercise is
conducted. The existing training and drill schedule currently in place
for emergency response activities will remain in place and be adjusted
as necessary to ensure the readiness of both onsite and offsite
emergency response personnel. This includes annual training,
requalification, and participation drills for onsite emergency
responders. The licensee stated that these measures will be implemented
to maintain an acceptable level of emergency preparedness during this
period.
The Pennsylvania Emergency Management Agency (PEMA) has requested
that FEMA postpone the exercise into 2002. The licensee and PEMA stated
that offsite local, State, and Federal government agencies that are
required to participate in the LGS biennial exercise are directly
participating in the response, recovery, and other continuing
activities associated with the September 11, 2001, national emergency.
The staff examined the licensee's rationale to support the
exemption request and concluded that granting the exemption would
provide only temporary relief from the applicable regulation and that
the licensee had made a good faith effort to comply with the
regulation. The national emergency of September 11, 2001, and the
subsequent recovery and security responses required that State and
local resources expected to be available for the previously scheduled
biennial exercise be applied to agency missions. Offsite agencies were
not able to dedicate the appropriate level of resources, as it would
divert public agency resources from the national emergency recovery
efforts. Additionally, the licensee's drill program includes offsite
agency participation and is a compensating measure contributing to the
justification of the exemption.
The exemption only provides temporary relief from the applicable
regulation, in that the licensee has committed to conduct the exercise
during the next calendar year (2002) and has not requested any
permanent changes in future exercise scheduling. The licensee made a
good faith effort to conduct the exercise and comply with regulations.
The circumstances dictating the request for exemption are beyond the
licensee's control. The regulations of this part do allow for the
postponement of exercises and the regulations have been invoked for
appropriate circumstances. This being the case, the occasional need to
postpone exercises was considered as a potential circumstance. The
staff has determined that conduct of the full-participation exercise as
early as practical in 2002 is prudent even though the licensee is
expected to conduct another full-participation exercise in 2003.
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 pursuant
to 10 CFR 50.12(a)(2)(v), in that the exemption would only provide
temporary relief from the applicable regulations, and the licensee has
made a good faith effort to comply with the regulation. Therefore, the
Commission hereby grants Exelon a one-time schedular exemption from the
requirements to conduct an exercise of its onsite and offsite (with
full-participation by each offsite authority having a role under the
plan) emergency plans every 2 years as required by 10 CFR part 50,
appendix E, sections IV.F.2.b and c. This conclusion is based on the
licensee's commitment to conduct the postponed exercise in 2002. The
staff notes that the licensee expects to conduct the exercise in the
first or second quarter of 2002. The staff recommends that the licensee
schedule the exercise as early as practical in 2002, but the exemption
is not predicated on the licensee following this recommendation.
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 (66 FR 65231).
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 20th day of December 2001.
For the Nuclear Regulatory Commission.
Ledyard B. Marsh,
Acting Director, Division of Licensing Project Management, Office of
Nuclear Reactor Regulation.
[FR Doc. 01-31928 Filed 12-27-01; 8:45 am]
BILLING CODE 7590-01-P