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MONTHYEARML0502600052005-04-0505 April 2005 Environmental Assessment, One-Time Exemption - Postpone Offsite Full-Participation Emergency Exercise from 2004 to 2005 Project stage: Other ML0502504302005-04-13013 April 2005 EA, Exemption from 10 CFR Part 50, Appendix E, Section IV.F.2.b & C Project stage: Approval 2005-04-13
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Category:Exemption from NRC Requirements
MONTHYEARML24010A0032024-01-30030 January 2024 Exemption from Select Requirements of 10 CFR Part 73 - Security Notifications, Reports, and Recordkeeping and Suspicious Activity Reporting NL-23-0877, Request for Exemption from Security Event Notification Implementation2023-11-29029 November 2023 Request for Exemption from Security Event Notification Implementation ML21179A1762021-08-0505 August 2021 FRN for Issuance of Exemption - Farley and Vogtle FSAR Update Exemption - Rev 1 ML21179A1852021-08-0404 August 2021 Exemption - Farley and Vogtle - FSAR Update Exemption - Rev 1 ML21179A2042021-08-0404 August 2021 LTR - Farley and Vogtle - Exemption Transmittal Letter - FSAR Update Exemption - Rev 1. Exemptions from the Requirements of 10 CFR Part 50, Section 50.71(e)(4), Final Safety Analysis Report Update Schedule NL-21-0543, Units 1 and 2 and Vogtle Electric Generating Plant - Units 1 and 2, Request for Exemption from 10 CFR 50.71(e)(4) Final Safety Analysis Report Update Schedule2021-06-0909 June 2021 Units 1 and 2 and Vogtle Electric Generating Plant - Units 1 and 2, Request for Exemption from 10 CFR 50.71(e)(4) Final Safety Analysis Report Update Schedule ML20335A0902020-12-21021 December 2020 Federal Register Notice - November 2020 COVID-19 Exemptions ML20315A3742020-12-0404 December 2020 Exemption from Certain Requirements of 10 CFR Part 73, Appendix B, General Criteria for Security Personnel Subsection VI C.3(I)(1) (EPID L-2020-LLE-0183 (COVID-19)) ML20295A5022020-11-10010 November 2020 Temporary Exemption from Requirements of 10 CFR Part 50, Appendix E, Sections IV.F.2.B and IV.F.2.C (EPID L-2020-LLE-0148 (COVID-19)) NL-20-1254, Request for One-Time Exemptions from 10 CFR 73, Appendix B, Section VI, Subsection C.3.(I)(1) Regarding Annual Force-on-Force (FOF) Exercises, Due to COVID-19 Pandemic2020-11-0606 November 2020 Request for One-Time Exemptions from 10 CFR 73, Appendix B, Section VI, Subsection C.3.(I)(1) Regarding Annual Force-on-Force (FOF) Exercises, Due to COVID-19 Pandemic ML20243A0002020-09-23023 September 2020 FRN - Notice of Issuance of Multiple Exemptions Regarding Various Parts of 10 CFR Due to COVID-19 Impacts for August 2020 ML20220A6732020-08-18018 August 2020 Exemption Request from Certain Requirements of 10 CFR Part 73,Appendix B, General Criteria for Security Personnel, Section VI (EPIDs L-2020-LLE-0131/0132) ML20177A6452020-07-15015 July 2020 FRN - Notice of Issuance of Multiple Exemptions Regarding Various Parts of 10 CFR Due to COVID-19 Impacts for June 2020 ML20147A1712020-06-0202 June 2020 Exemption Request from Requirements of NFPA-805 Section 3.4.3(c)(1), Related to Quarterly Fire Brigade Drills NL-20-0620, SNC Requests a Temporary Exemption from the Quarterly Fire Brigade Drills and Annual Live Fire Fighting Training Requirements of the Regulation2020-05-22022 May 2020 SNC Requests a Temporary Exemption from the Quarterly Fire Brigade Drills and Annual Live Fire Fighting Training Requirements of the Regulation NL-19-0801, Quality Assurance Topical Report Submittal, Request for Schedular Exemption - 10 CFR 50.54(a)(3)2019-10-31031 October 2019 Quality Assurance Topical Report Submittal, Request for Schedular Exemption - 10 CFR 50.54(a)(3) ML16179A4102016-08-0404 August 2016 Southern Nuclear Operating Company Exemption from NRC Requirements: Use of Optimized Zirlo Fuel Rod Cladding Material for Joseph M. Farley Nuclear Plant, Units 1 and 2, and Vogtle Electric Generating Plant, Units 1 and 2 NRC-2016-0169, Southern Nuclear Operating Company Exemption from NRC Requirements: Use of Optimized Zirlo Fuel Rod Cladding Material for Joseph M. Farley Nuclear Plant, Units 1 and 2, and Vogtle Electric Generating Plant, Units 1 and 22016-08-0404 August 2016 Southern Nuclear Operating Company Exemption from NRC Requirements: Use of Optimized Zirlo Fuel Rod Cladding Material for Joseph M. Farley Nuclear Plant, Units 1 and 2, and Vogtle Electric Generating Plant, Units 1 and 2 NL-10-1795, Request for Exemption from 10 CFR 73.55(a)(1) Compliance Date -Environmental Assessment2010-09-10010 September 2010 Request for Exemption from 10 CFR 73.55(a)(1) Compliance Date -Environmental Assessment ML0921703672009-08-27027 August 2009 Exemption from the Requirements of 10 CFR Part 73, Section 73.55 ML0923803292009-07-31031 July 2009 Enclosure 4 to Southern Nuclear Operating Company Letter Dated July 31, 2009, Non-Proprietary Version of Enclosure 1 NL-09-1134, Enclosure 4 to Southern Nuclear Operating Company Letter Dated July 31, 2009, Non-Proprietary Version of Enclosure 12009-07-31031 July 2009 Enclosure 4 to Southern Nuclear Operating Company Letter Dated July 31, 2009, Non-Proprietary Version of Enclosure 1 ML0602003622006-03-22022 March 2006 Exemption, Fire Rated Electrical Cable NL-05-0937, Units 1 and 2, Requests for Exemption/Amendment from Fire Protection Requirements at Farley Nuclear Plant2005-06-0909 June 2005 Units 1 and 2, Requests for Exemption/Amendment from Fire Protection Requirements at Farley Nuclear Plant NL-05-0883, Request for Exemption from 10 CFR 72.212(a)(2) and 10 CFR 72.2142005-05-20020 May 2005 Request for Exemption from 10 CFR 72.212(a)(2) and 10 CFR 72.214 ML0502504302005-04-13013 April 2005 EA, Exemption from 10 CFR Part 50, Appendix E, Section IV.F.2.b & C ML0505301342005-04-0606 April 2005 Southern Nuclear Operating Co. (Hatch, Farley & Vogtle), Enclosure, EOF Relocation NL-04-2181, Joseph M. Farley Nuclear Plant, Request for Exemption from 10 CFR 72.124(c) - Criticality Monitors2005-01-19019 January 2005 Joseph M. Farley Nuclear Plant, Request for Exemption from 10 CFR 72.124(c) - Criticality Monitors 2024-01-30
[Table view] Category:Letter
MONTHYEARML24010A0032024-01-30030 January 2024 Exemption from Select Requirements of 10 CFR Part 73 - Security Notifications, Reports, and Recordkeeping and Suspicious Activity Reporting ML24026A0532024-01-30030 January 2024 Notification of an NRC Fire Protection Team Inspection- (Report 05000348/2024011, 05000364/2024011) and Request for Information IR 05000348/20230402024-01-24024 January 2024 95001 Supplemental Inspection Report 05000348/2023040 and Follow-Up Assessment Letter ML23341A2042024-01-12012 January 2024 Request for Additional Information Exemption Requests for Physical Barriers (EPID L-2023-LLE-0018 & L-2023-LLE-0021) NL-24-0011, Report of Changes to Emergency Plan and Summary of 50.54(q) Analysis2024-01-11011 January 2024 Report of Changes to Emergency Plan and Summary of 50.54(q) Analysis ML23345A1312024-01-0303 January 2024 Withholding Letter - SNC Fleet - Physical Barriers Exemption (L-2023-LLE-0018 and L-2023-LLE-0021) ML23346A2222023-12-22022 December 2023 Transmittal of Dam Inspection Report - Public NL-23-0901, 30-Day 10 CFR 21 Notification - Framatome Supplied Siemens Medium Voltage (Mv) Circuit Breakers2023-12-15015 December 2023 30-Day 10 CFR 21 Notification - Framatome Supplied Siemens Medium Voltage (Mv) Circuit Breakers NL-23-0908, Cycle 30 Core Operating Limits Report2023-12-13013 December 2023 Cycle 30 Core Operating Limits Report NL-23-0877, Request for Exemption from Security Event Notification Implementation2023-11-29029 November 2023 Request for Exemption from Security Event Notification Implementation ML23228A1432023-11-22022 November 2023 Issuance of Amendment Nos. 249 and 246 to Revise TS 3.6.3, Surveillance Requirement 3.6.3.5 to Eliminate Event-Based Testing of Containment Purge Valves with Resilient Seals NL-23-0825, Reply to Notice of Violation EA-23-080 and Readiness for 95001 Inspection2023-11-14014 November 2023 Reply to Notice of Violation EA-23-080 and Readiness for 95001 Inspection ML23318A0672023-10-31031 October 2023 1 to Updated Final Safety Analysis Report, Updated NFPA 805 Fire Protection Program Design Basis Document, Technical Specification Bases Changes, Technical Requirements Manual Changes, IR 05000348/20230032023-10-24024 October 2023 Integrated Inspection Report 05000348/2023003 and 05000364/2023003 IR 05000348/20230912023-10-19019 October 2023 Final Significance Determination of a White Finding and Notice of Violation and Assessment Followup Letter NRC Inspection Report 05000348/2023091 IR 05000348/20234022023-10-18018 October 2023 Security Baseline Inspection Report 05000348/2023402 and 05000364/2023402 IR 05000348/20234412023-10-12012 October 2023 Supplemental Inspection Report 05000348/2023441 and 05000364/2023441 and Follow-Up Assessment Letter (Cover Letter) ML23241B0212023-09-12012 September 2023 Review of Quality Assurance Topical Report NL-23-0739, Response to NRC Inspection Report and Preliminary White Finding2023-09-0808 September 2023 Response to NRC Inspection Report and Preliminary White Finding IR 05000348/20230902023-08-31031 August 2023 NRC Inspection Report 05000348/2023090 and Preliminary White Finding and Apparent Violation ML23164A1202023-08-30030 August 2023 Proposed Inservice Inspection Alternative FNP-ISI-ALT-05-05, Version 1.0, to the Requirements of the ASME Code ML23240A0012023-08-30030 August 2023 Correction to Issuance of Amendment Nos. 241, 242, 243, and 244 ML23235A2962023-08-24024 August 2023 Issuance of Amendment Nos. 247 and 244, Regarding License Amendment Request to Revise Technical Specification 3.6.5, Containment Air Temperature, (EPID L-2023-LLA-0116) (Emergency Circumstances) NL-23-0716, Response to Request for Additional Information Regarding Emergency License Amendment Request: Technical Specification 3.6.5, Containment Air Temperature, One-Time Temporary Change to Limit2023-08-23023 August 2023 Response to Request for Additional Information Regarding Emergency License Amendment Request: Technical Specification 3.6.5, Containment Air Temperature, One-Time Temporary Change to Limit NL-23-0713, Response to Request for Additional Information Regarding Emergency License Amendment Request: Technical Specification 3.6.5, Containment Air Temperature, One-Time Temporary Change to Limit2023-08-23023 August 2023 Response to Request for Additional Information Regarding Emergency License Amendment Request: Technical Specification 3.6.5, Containment Air Temperature, One-Time Temporary Change to Limit NL-23-0704, Emergency License Amendment Request: Technical Specification 3.6.5, Containment Air Temperature, One-Time Temporary Change to Limit2023-08-22022 August 2023 Emergency License Amendment Request: Technical Specification 3.6.5, Containment Air Temperature, One-Time Temporary Change to Limit IR 05000348/20330012023-08-14014 August 2023 NRC Operator License Examination Report 05000348/203301 and 05000364/2023302 NL-23-0658, Southern Nuclear Operating Company - Response to Request for Additional Information Regarding Quality Assurance Topical Report Submittal2023-08-11011 August 2023 Southern Nuclear Operating Company - Response to Request for Additional Information Regarding Quality Assurance Topical Report Submittal IR 05000348/20230022023-08-10010 August 2023 Integrated Inspection Report 05000348/2023002 and 05000364/2023002, and Apparent Violation ML23221A3062023-08-0909 August 2023 Notification of NRC Supplemental Inspection (95002) and Request for Information (Cover Letter) NL-23-0542, CFR 50.46 ECCS Evaluation Model Annual Report for 20222023-08-0909 August 2023 CFR 50.46 ECCS Evaluation Model Annual Report for 2022 NL-23-0624, Report of Changes to Emergency Plan and Summary of 50.54(q) Analysis2023-08-0404 August 2023 Report of Changes to Emergency Plan and Summary of 50.54(q) Analysis ML23202A1122023-08-0202 August 2023 Units, 1 and 2; and Vogtle Units 1 and 2 - Request to Use a Provision of a Later Edition of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code, Section XI NL-23-0628, Readiness for Supplemental Inspection EA-22-1012023-07-26026 July 2023 Readiness for Supplemental Inspection EA-22-101 NL-23-0566, ISFSI and Edwin I. Hatch Nuclear Plant ISFSI - Registration of Spent Fuel Cask Use2023-07-13013 July 2023 ISFSI and Edwin I. Hatch Nuclear Plant ISFSI - Registration of Spent Fuel Cask Use NL-23-0555, Request for Exemption from Physical Barrier Requirement2023-07-0707 July 2023 Request for Exemption from Physical Barrier Requirement NL-23-0506, to Non-Voluntary License Amendment Request: Technical Specification Revision to Adopt WCAP-17661-P-A, Improved RAOC and CAOC Fq Surveillance Technical Specifications2023-07-0505 July 2023 to Non-Voluntary License Amendment Request: Technical Specification Revision to Adopt WCAP-17661-P-A, Improved RAOC and CAOC Fq Surveillance Technical Specifications ML23136B1542023-07-0303 July 2023 Issuance of Amendment Nos. 246 & 243, Regarding License Amendment Request to Revise Technical Specification 4.3, Fuel Storage, to Correct Tabulated Values from the Associated Spent Fuel Pool (SFP) Criticality Analysis IR 05000348/20230102023-06-29029 June 2023 Comprehensive Engineering Team Inspection (CETI) Baseline Inspection Report 05000348/2023010 and 05000364/2023010 NL-23-0444, Quality Assurance Topical Report Submittal2023-06-15015 June 2023 Quality Assurance Topical Report Submittal ML23164A2182023-06-14014 June 2023 Draft Safety Evaluation for License Amendment Request to Revise Technical Specification 4.3, Fuel Storage, to Correct Tabulated Values from the Associated SFP Criticality Analysis (EPID L-2022-LLA-0138) - Letter NL-23-0457, ISFSI, and Edwin I. Hatch Nuclear Plant, ISFSI - Registration of Spent Fuel Cask Use2023-06-12012 June 2023 ISFSI, and Edwin I. Hatch Nuclear Plant, ISFSI - Registration of Spent Fuel Cask Use NL-23-0449, National Pollutant Discharge Elimination System (NPDES) Permit Renewal Application2023-06-0202 June 2023 National Pollutant Discharge Elimination System (NPDES) Permit Renewal Application NL-23-0383, SNC Response to Regulatory Issue Summary 2023-01:Preparation And.2023-05-19019 May 2023 SNC Response to Regulatory Issue Summary 2023-01:Preparation And. NL-23-0372, Units 1 & 2, Joseph M. Farley Nuclear Plant - Units 1 & 2, Vogtle Electric Generating Plant - Units 1 & 2, Annual Radiological Environmental Operating Reports for 20222023-05-10010 May 2023 Units 1 & 2, Joseph M. Farley Nuclear Plant - Units 1 & 2, Vogtle Electric Generating Plant - Units 1 & 2, Annual Radiological Environmental Operating Reports for 2022 NL-23-0337, Response to Request for Additional Information Related to License Amendment Request to Revise the Frequency of Surveillance Requirement 3.6.3.52023-05-0505 May 2023 Response to Request for Additional Information Related to License Amendment Request to Revise the Frequency of Surveillance Requirement 3.6.3.5 IR 05000348/20234402023-05-0505 May 2023 Reissue Farley Units-Final Significance Determination for a Security-Related Greater than Green Finding, Nov and Assessment Followup LTR, IR 05000348/2023440 and 05000364/2023440 - Cover IR 05000348/20230012023-05-0404 May 2023 Integrated Inspection Report 05000348/2023001 and 05000364/2023001 NL-23-0295, Reply to a Notice of Violation; EA-22-1012023-05-0101 May 2023 Reply to a Notice of Violation; EA-22-101 NL-23-0310, Annual Non-Radiological Environmental Operating Reports and Annual Radioactive Effluent Release Reports for 20222023-04-25025 April 2023 Annual Non-Radiological Environmental Operating Reports and Annual Radioactive Effluent Release Reports for 2022 2024-01-30
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Text
April 13, 2005 Mr. L. M. Stinson Vice President - Farley Project Southern Nuclear Operating Company, Inc.
P.O. Box 1295 Birmingham, AL 35201-1295
SUBJECT:
JOSEPH M. FARLEY NUCLEAR PLANT, UNITS 1 AND 2, TEMPORARY EXEMPTION FROM THE REQUIREMENTS OF 10 CFR PART 50, APPENDIX E, SECTION IV.F.2.b AND c (TAC NOS. MC5395 AND MC5396)
Dear Mr. Stinson:
The Nuclear Regulatory Commission (NRC) has approved the enclosed exemption from specific requirements of Title 10 of the Code of Federal Regulations (10 CFR) Part 50, Appendix E,Section IV.F.2.b and c for Joseph M. Farley Nuclear Plant, Units 1 and 2.
Your letter dated December 13, 2004, requested an exemption to allow the full participation biennial exercise to be rescheduled to August 24 and 25, 2005, and it referenced the requirements of Appendix E,Section IV.F.2.e that address the full participation by each offsite authority having a role under the plan. The NRC staff does not find that the requirements of Section IV.F.2.e are applicable to the circumstances of your request and, accordingly, no exemption from those requirements is being granted. However, the NRC staff does find that an exemption from the requirements of Section IV.2.b and 2.c is appropriate for the circumstances of your request. Accordingly, a one-time exemption from those requirements is being granted for the rescheduling of the exercise to August 24 and 25, 2005. The NRC staff understands that future full-participation exercises would be scheduled biennially from the year 2004.
Regarding the timing of your request for exemption, we are aware that you submitted your request on December 10, 2004, soon after the Federal Emergency Management Agencys letter of November 23, 2004, approving the revised schedule for the exercise. However, it is the NRC staffs understanding that you recognized shortly after the September 2004 exercise that it would be unlikely that you would be able to meet your regulatory requirement to conduct a full participation exercise prior to the end of 2004. Should similar circumstances arise in the future, wherein, you know an exemption or other regulatory action will be required to prevent you from violating your license for reasons beyond your control, you should provide the earliest practical written notice to the NRC staff of that condition. Such notice would enable the NRC staff to process your request in a timely manner once submitted and will help ensure you remain in compliance with the schedular requirements of the Emergency Planing regulations
A copy of the exemption has been forwarded to the Office of the Federal Register for publication.
Sincerely,
/RA/
Sean Peters, Project Manager, Section 1 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-348 and 50-364
Enclosure:
Exemption cc w/encl: See next page
Joseph M. Farley Nuclear Plant, Units 1 & 2 cc:
Mr. J. R. Johnson William D. Oldfield General Manager SAER Supervisor Southern Nuclear Operating Company, Inc. Southern Nuclear Operating Company, Inc.
P.O. Box 470 P.O. Box 470 Ashford, AL 36312 Ashford, AL 36312 Mr. B. D. McKinney, Licensing Manager Southern Nuclear Operating Company, Inc.
P.O. Box 1295 Birmingham, AL 35201-1295 Mr. M. Stanford Blanton Balch and Bingham Law Firm P.O. Box 306 1710 Sixth Avenue North Birmingham, AL 35201 Mr. J. Gasser Executive Vice President Southern Nuclear Operating Company, Inc.
P.O. Box 1295 Birmingham, AL 35201 State Health Officer Alabama Department of Public Health 434 Monroe St.
Montgomery, AL 36130-1701 Chairman Houston County Commission P.O. Box 6406 Dothan, AL 36302 Resident Inspector U.S. Nuclear Regulatory Commission 7388 N. State Highway 95 Columbia, AL 36319
A copy of the exemption has been forwarded to the Office of the Federal Register for publication.
Sincerely,
/RA/
Sean Peters, Project Manager, Section 1 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-348 and 50-364
Enclosure:
Exemption cc w/encl: See next page Distribution: See next page ADAMS Accession Number: ML050250430 NRR-042 Office PDII-1/PM PDII-1/LA PDII-1/SC NSIR/EP OGC PDII/D DLPM/D Name SPeters CHawes JNakoski NManish MWoods EHackett LMarsh Date 03/31/05 03/31/05 03/31/05 1/14/05 1/21/05 03/31/05 04/05/05 OFFICIAL RECORD COPY
SUBJECT:
JOSEPH M. FARLEY NUCLEAR PLANT, UNITS 1 AND 2, TEMPORARY EXEMPTION FROM THE REQUIREMENTS OF 10 CFR PART 50, APPENDIX E, SECTION IV.F.2.b AND c (TAC NOS. MC5395 AND MC5396)
DATED: _ _April 13, 2005____________________
Distribution PUBLIC PDII-1R/F RidsNrrDlpmLpdii (EHackett)
RidsNrrDlpmLpdii1(JNakoski)
RidsNrrPMSPeters CHawes (Hard Copy)
RidsOgcRp GHill (4 Hard Copies)
Rids AcrsAcnwMailCenter RidsRgn2MailCenter (BBonser)
RidsNrrDlpmDpr THsia NMamish TMintz
7590-01-P UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION SOUTHERN NUCLEAR OPERATING COMPANY JOSEPH M. FARLEY NUCLEAR POWER PLANT, UNITS 1 AND 2 DOCKET NOS. 50-348 AND 50-364 EXEMPTION
1.0 BACKGROUND
The Southern Nuclear Operating Company (SNC or the licensee) is the holder of Facility Operating License Nos. NPF-2 and NPF-8 that authorizes operation of Joseph M. Farley Nuclear Power Plant (FNP), 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 Houston County, Alabama.
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 plan and of its 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 the various State and local
emergency management agencies (EMA). SNC successfully conducted a full-participation exercise at FNP during the week of August 21, 2002.
The licensee had scheduled a full participation plume exposure pathway exercise for August 18, 2004, however, due to Hurricane Charley, Alabama EMA and FEMA were unable to support the exercise. Under the current regulations, the licensee would have had until December 31, 2004, to complete their next full-participation exercise. The licensee will conduct a Federally observed full-participation emergency exercise August 24-25, 2005. Future full-participation exercises will be scheduled biennially from the year 2004.
By letter dated December 13, 2004, the licensee requested an exemption from Section IV.F.2.e of Appendix E to 10 CFR Part 50 regarding the full participation by each offsite authority having a role under the plan. The NRC staff determined that the requirements of Section IV.F.2.e are not applicable to the circumstances of the licensees 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 licensees 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 the scheduling of full participation exercises, the NRC has allowed licensees to schedule the exercises at any time during the calendar biennium.
Conducting the FNP full-participation exercise in calendar year 2005 places the exercise past the previously scheduled biennial calender year of 2004.
Since the last full-participation exercise conducted at FNP on August 21, 2002, FNP has conducted two annual, Full Scale Plume Phase exercises on August 27, 2003, and July 28, 2004. In addition, the licensee conducted an offhour/unannounced exercise on September 23, 2003. Six other drills were also conducted. The NRC staff considers 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.
Only temporary relief from the regulation is provided by the requested exemption since FNP will resume their normal biennial exercise schedule in 2006. The licensee has made a good faith effort to comply with the regulation. The exemption is being sought by the licensee in response to a request by Alabama EMA and FEMA to postpone the exercise. Alabama EMA and FEMA were unable to support the original schedule for the exercise due to a series of severe weather events. FEMA stated that they support the newly scheduled August 24-25, 2005, exercise in a letter to the licensee dated October 21, 2004.
The NRC staff, having considered the schedule and resource issues with those agencies that participate in and evaluate the offsite portion of the 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 FNP, 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 19107).
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 13th day of April.
FOR THE NUCLEAR REGULATORY COMMISSION
/RA/
Ledyard B. Marsh, Director Division of Licensing Project Management Office of Nuclear Reactor Regulation