ML053180263

One-Time Exemption from NRC Requirements, EP Scheduler Exemption

ML053180263
Person / Time
Site:	Watts Bar
Issue date:	12/20/2005
From:	Pickett D NRC/NRR/ADRO/DORL/LPLD
To:	Singer K Tennessee Valley Authority
Pickett , NRR/DLPM, 415-1364
References
TAC MC8592
Download: ML053180263 (7)

Text

December 20, 2005 Mr. Karl W. Singer Chief Nuclear Officer and Executive Vice President Tennessee Valley Authority 6A Lookout Place 1101 Market Street Chattanooga, Tennessee 37402-2801

SUBJECT:

WATTS BAR NUCLEAR PLANT, UNIT 1 ONE-TIME EXEMPTION FROM THE REQUIREMENTS OF 10 CFR PART 50, APPENDIX E, SECTIONS IV.F.2.b and c (TAC NO. MC8592)

Dear Mr. Singer:

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, Sections IV.F.2.b and c for the Watts Bar Nuclear Plant, Unit 1. This action is in response to your letter dated October 5, 2005. You requested an exemption from the requirements of Appendix E, Sections IV.F.2.b and c, which require a licensee at each site to conduct an exercise of its onsite emergency plan and of its offsite emergency plans biennially with full or partial participation by each offsite authority having a role under the plan. The letter requested that the exercise originally planned for November 2, 2005, be rescheduled for June 7, 2006, due to the impact of Hurricane Katrina. The NRC staff understands that future exercises would be scheduled biennially from the year 2005.

A copy of the exemption is being forwarded to the Office of the Federal Register for publication.

Sincerely,

/RA/

Douglas V. Pickett, Senior Project Manager Plant Licensing Branch II-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-390

Enclosure:

Exemption cc w/enclosure: See next page

ML053180263 *No Legal Objection NRR-048 OFFICE LPLII-2 PM:LPLII-2 LA:LPLII-2 BC:LPLII-2 NSIR/EP OGC DORL/DD DORL/D CHolden for NAME MVaaler DPickett RSola MMarshall EWeiss JBonanno* CHaney EHackett DATE 11/15/05 11/17/ 05 11/15 / 05 12/19/ 05 11/30/05 12/6/ 05 12/19/05 12/20/05 Mr. Karl W. Singer Tennessee Valley Authority WATTS BAR NUCLEAR PLANT cc:

Mr. Ashok S. Bhatnagar, Senior Vice President Mr. Glenn W. Morris, Manager Nuclear Operations Corporate Nuclear Licensing Tennessee Valley Authority and Industry Affairs 6A Lookout Place Tennessee Valley Authority 1101 Market Street 4X Blue Ridge Chattanooga, TN 37402-2801 1101 Market Street Chattanooga, TN 37402-2801 Mr. Larry S. Bryant, General Manager Nuclear Engineering Mr. Paul L. Pace, Manager Tennessee Valley Authority Licensing and Industry Affairs 6A Lookout Place Watts Bar Nuclear Plant 1101 Market Street Tennessee Valley Authority Chattanooga, TN 37402-2801 P.O. Box 2000 Spring City, TN 37381 Mr. Robert J. Beecken, Vice President Nuclear Support Mr. Jay Laughlin, Plant Manager Tennessee Valley Authority Watts Bar Nuclear Plant 6A Lookout Place Tennessee Valley Authority 1101 Market Street P.O. Box 2000 Chattanooga, TN 37402-2801 Spring City, TN 37381 Mr. Michael D. Skaggs Senior Resident Inspector Site Vice President Watts Bar Nuclear Plant Watts Bar Nuclear Plant U.S. Nuclear Regulatory Commission Tennessee Valley Authority 1260 Nuclear Plant Road P.O. Box 2000 Spring City, TN 37381 Spring City, TN 37381 County Executive General Counsel 375 Church Street Tennessee Valley Authority Suite 215 ET 11A Dayton, TN 37321 400 West Summit Hill Drive Knoxville, TN 37902 County Mayor P. O. Box 156 Mr. John C. Fornicola, Manager Decatur, TN 37322 Nuclear Assurance and Licensing Tennessee Valley Authority Mr. Lawrence E. Nanney, Director 6A Lookout Place Division of Radiological Health 1101 Market Street Dept. of Environment & Conservation Chattanooga, TN 37402-2801 Third Floor, L and C Annex 401 Church Street Ms. Vanessa E. Quinn, Chief Nashville, TN 37243-1532 Radiological Emergency Preparedness Section Department of Homeland Security Ms. Ann P. Harris 1800 S. Bell Street, Room 850 341 Swing Loop Road Crystal City - Arlington, VA 22202-3546 Rockwood, Tennessee 37854

7590-01-P UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION TENNESSEE VALLEY AUTHORITY WATTS BAR NUCLEAR PLANT, UNIT 1 DOCKET NO. 50-390 EXEMPTION

1.0 BACKGROUND

Tennessee Valley Authority (TVA, the licensee) is the holder of Facility Operating License No. NPF-90, which authorizes operation of Watts Bar Nuclear Plant (WBN), 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) now or hereafter in effect. The facility consists of one pressurized-water reactor located in Rhea County, Tennessee.

2.0 REQUEST/ACTION Sections IV.F.2.b and c of Appendix E to Title 10 of the Code of Federal Regulations (10 CFR) Part 50 require the licensee at each site to conduct an exercise of its onsite emergency plan and of its offsite emergency plans biennially with full or partial participation by each offsite authority having a role under the plan. During such biennial 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. TVA successfully conducted an exercise at WBN during the week of November 5, 2003.

The licensee had scheduled a plume exposure pathway exercise for November 2, 2005, however, due to Hurricane Katrina, the Tennessee Emergency Management Agency (TEMA)

was unable to support the exercise. Under the current regulations, the licensee would have had until December 31, 2005, to complete their next exercise. Instead, the licensee will conduct an evaluated exercise on June 7, 2006. Future exercises will be scheduled biennially from the year 2005.

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.

3.0 DISCUSSION The underlying purpose for conducting a biennial 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 exercises, the NRC has allowed licensees to schedule the exercises at any time during the calendar biennium. Conducting the WBN exercise in calendar year 2006 places the exercise past the previously scheduled biennial calender year of 2005.

Since the last exercise conducted at WBN on November 5, 2003, WBN has conducted four training drills, a full scale plume phase off-year exercise on November 3, 2004, and an integrated training drill on September 28, 2005. 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 WBN will resume their normal biennial exercise schedule in 2007. 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 TEMA to postpone the exercise. TEMA was unable to support the original schedule for the exercise due to a series of severe weather events. FEMA stated, Based on the impact that the response to Hurricane Katrina had on the State of Tennessee, we are agreeing to the postponement of the Watts Bar Nuclear Plant exercise until June 2006.

The NRC staff, having considered the schedule and resource issues with those agencies that participate in and evaluate the offsite portion of the 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 TVA an exemption from the requirements of 10 CFR Part 50, Appendix E, Sections IV.F.2.b and c for WBN, 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

(70 FR 76470).

This exemption is effective upon issuance.

Dated at Rockville, Maryland, this 20th day of December 2005.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

Catherine Haney, Director Division of Operating Reactor Licensing Office of Nuclear Reactor Licensing