ML12201A288

E. Halpin Ltr. Request for Schedular Exemption from Final Rule for Enhancements to Emergency Preparedness Regulations for Humboldt Bay, Unit 3

ML12201A288
Person / Time
Site:	Humboldt Bay
Issue date:	12/03/2012
From:	Camper L NRC/FSME/DWMEP/DURLD
To:	Halpin E Pacific Gas & Electric Co
John Hickman
References
TAC J00435
Download: ML12201A288 (4)

Text

December 3, 2012 Mr. Edward D. Halpin Senior Vice President and Chief Nuclear Officer Pacific Gas and Electric Company P. O. Box 56 Mail Code 104/6 Avila Beach, CA 93424

SUBJECT:

HUMBOLDT BAY POWER PLANT UNIT 3 - REQUEST FOR SCHEDULAR EXEMPTION FROM CERTAIN REQUIREMENTS OF THE FINAL RULE FOR ENHANCEMENTS TO EMERGENCY PREPAREDNESS REGULATIONS (TAC NO. J00435)

Dear Mr. Halpin:

By letter dated June 19, 2012, Pacific Gas and Electric Company (PG&E, the licensee) requested a schedular exemption which would extend the date for implementing certain sections of the Final Rule for Enhancements to Emergency Preparedness Regulations (76 FR 72560; November 23, 2011) from June 20, 2012 to September 20, 2012. Specifically, PG&E requested exemptions from meeting the implementation deadline for the following revised requirements:

For Security-Related Emergency Plan Issues:

Emergency Action Levels for Hostile Action (10 CFR 50, App. E, IV.B);

Emergency Response Organization Augmentation at Alternate Facility - capability for staging emergency organization personnel at an alternate facility and the capability for communications with the control room and plant security (10 CFR 50, App. E, IV.E); and Protection for Onsite Personnel (10 CFR 50, App. E, IV.I)

For Non-Security Related Issues:

Emergency Declaration Timeliness (10 CFR 50, App. E, IV.C); and Emergency Operations Facility - Performance Based Approach (10 CFR 50, App. E, IV.E.8)

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.

The enclosed scheduler exemption Federal Register notice concludes that the exemptions are authorized by law, will not endanger life or property or the common defense and security, are otherwise in the public interest, and that special circumstances are present. Accordingly, pursuant to 10 CFR 50.12, the exemption requests are granted and effective immediately. The exemption will be published in the Federal Register.

E. Halpin Pursuant to 10 CFR 51.21, 51.32, and 51.35, an environmental assessment and finding of no significant impact was published in the Federal Register on November 29, 2012 (77 FR 71198).

Based upon the environmental assessment, the Commission has determined that issuance of this exemption will not have a significant effect on the quality of the human environment.

In accordance with 10 CFR 2.390 of the NRC=s ARules of Practice,@ a copy of this letter will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records (PARS) component of NRC=s Agency-wide Documents Access and Management System (ADAMS). ADAMS is accessible from the NRC Web site in the NRC Library at http://www.nrc.gov/reading-rm/adams.html.

Sincerely,

/RA/

Larry W. Camper, Director Division of Waste Management and Environmental Protection Office of Federal and State Materials and Environmental Management Programs Docket No. 50-133

Enclosure:

Exemption cc w/enclosure:

Humboldt Bay Service List

E. Halpin Pursuant to 10 CFR 51.21, 51.32, and 51.35, an environmental assessment and finding of no significant impact was published in the Federal Register on November 29, 2012 (77 FR 71198).

Based upon the environmental assessment, the Commission has determined that issuance of this exemption will not have a significant effect on the quality of the human environment.

In accordance with 10 CFR 2.390 of the NRC=s ARules of Practice,@ a copy of this letter will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records (PARS) component of NRC=s Agency-wide Documents Access and Management System (ADAMS). ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room).

Sincerely, Larry W. Camper, Director Division of Waste Management and Environmental Protection Office of Federal and State Materials and Environmental Management Programs Docket No. 50-133

Enclosure:

Exemption cc w/enclosure:

Humboldt Bay Service List DISTRIBUTION:

DCD r/f OGC ACRS/ACNW Blair Spitzberg, RIV ML12201A290 OFFICE DWMEP DWMEP DWMEP DDEP/NSIR OGC DWMEP DWMEP NAME JHickman CHolston MMeyer for MThaggard LLondon APersinko LCamper BWatson 7 / 19 /2012 7 / 19 /2012 7 / 20 /2012 7 / 27 /2012 10/15/2012 11/13/2012 12/3/2012 ATE OFFICIAL RECORD COPY

Humboldt Bay Power Plant, Unit 3 Service List cc:

Mr. Edward D. Halpin Redwood Alliance Senior Vice President and P.O. Box 293 Chief Nuclear Officer Arcata, CA 95521 Pacific Gas and Electric Company P. O. Box 56 Dr. Rich Ferguson, Energy Chair Mail Code 104/6 Sierra Club California Avila Beach, CA 93424 1100 11th Street, Suite 311 Sacramento, CA 94814 James Becker Vice President - Diablo Canyon Operations Mr. Gary Butner, Acting Radiation Program and Station Director Director Diablo Canyon Power Plant Radiologic Health Branch PO Box 56 Dept. of Health Services, MS-7610 Avila Beach, CA 93424 PO Box 997414 Sacramento, CA 95899-7414 Paul J. Roller Director and Plant Manager Stephen Hsu, M.S., Senior Health Physicist Humboldt Bay Nuclear Radiological Assessment Unit Pacific Gas & Electric Company Radioactive Material Licensing Section 1000 King Salmon Avenue Radiologic Health Branch Eureka, CA 95503 Dept. of Health Services, MS-7610 PO Box 997414 Jennifer K. Post Sacramento, CA 95899-7414 Law Department Pacific Gas and Electric Company Commissioner 77 Beale Street, B30A California Energy Commission San Francisco, CA 1516 Ninth Street Sacramento, CA 95814 Chairman, Humboldt County Board of Supervisors Deputy Attorney General County Courthouse State of California 825 Fifth Street 110 West A Street, Suite 700 Eureka, CA 95501 San Diego, CA 92101 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011-8064 California Public Utilities Commission 505 Van Ness, Room 4102 San Francisco, CA 94102