ML14272A315

Safety Evaluation Report for Zion EP Exemption

ML14272A315
Person / Time
Site:	Zion  File:ZionSolutions icon.png
Issue date:	03/30/2015
From:	Persinko A NRC/FSME/DWMEP/DURLD
To:
References
Download: ML14272A315 (17)

Text

SAFETY EVALUATION REPORT BY OFFICE OF FEDERAL AND STATE MATERIALS AND ENVIRONMENTAL MANAGEMENT PROGRAMS RELATED TO ZION NUCLEAR POWER STATION, UNITS 1 AND 2 EXEMPTION REQUEST FOR PORTIONS OF 10 CFR PART 50 APPENDIX E, AND 10 CFR 50.47 DOCKET NOs. 50-295, 50-304 and 72-1037

1.0 INTRODUCTION

ZionSolutions, LLC (ZionSolutions) is the holder of Facility Operating License Nos. DPR-39 and DPR-48, which authorize the licensee to possess and store spent nuclear fuel and Greater-than-Class C (GTCC) radioactive waste at the Zion Nuclear Power Station (ZNPS) Unit Nos. 1 and 2. The license, pursuant to the Atomic Energy Act of 1954, as amended, and 10 CFR Part 50, allows ZionSolutions to possess spent nuclear fuel at the permanently shut-down and defueled ZNPS facility. In a letter dated February 13, 1998 (Reference 1), Commonwealth Edison Company (ComEd), the former licensee, informed the NRC that ZNPS had permanently ceased power operations. In a letter dated March 9, 1998 (Reference 2), ComEd informed the NRC that ZNPS had removed all fuel from the reactors, moved it to the fuel pool, and certified that the units would remain permanently defueled. In a letter dated May 4, 1998 (Reference 6),

the NRC acknowledged that pursuant to 10 CFR 50.82(a)(2), the 10 CFR Part 50 licenses for ZNPS, Units 1 and 2 no longer authorize operation of the reactors, or emplacement or retention of fuel in the reactor vessels. In a letter dated January 25, 2008 (Reference 7), ZNPSs subsequent licensee, Exelon Generation Company, LLC, notified the NRC that the spent nuclear fuel and GTCC will be stored in an Independent Spent Fuel Storage Installation (ISFSI) to be constructed by ZionSolutions and maintained onsite until final disposition. In a letter dated January 12, 2015 (Reference 10), ZionSolutions notified the NRC that as of January 12, 2015, all of the spent fuel at the ZNPS was now stored at the Zion ISFSI.

On November 23, 2011, the U.S. Nuclear Regulatory Commission (NRC) issued a final rule modifying or adding certain emergency planning (EP) requirements in Section 50.47, Section 50.54, and Appendix E of Part 50 of Title 10 of the Code of Federal Regulations (10 CFR) (76 Federal Register (FR) 72560) (EP Final Rule). The EP Final Rule was effective on December 23, 2011, with specific implementation dates for each of the rule changes. The EP Final Rule codified certain voluntary protective measures contained in NRC Bulletin 2005-02, Emergency Enclosure

Preparedness and Response Actions for Security-Based Events, and generically applicable requirements similar to those previously imposed by NRC Order EA-02-026, Order for Interim Safeguards and Security Compensatory Measures, dated February 25, 2002.

In addition, the EP Final Rule amended other licensee emergency plan requirements to: (1) enhance the ability of licensees in preparing for and in taking certain protective actions in the event of a radiological emergency; (2) address, in part, security issues identified after the terrorist events of September 11, 2001; (3) clarify regulations to effect consistent emergency plan implementation among licensees; and (4) modify certain EP requirements to be more effective and efficient. However, the EP Final Rule was only an enhancement to the NRCs regulations and was not necessary for adequate protection. On page 72563 of the Federal Register notice for the EP Final Rule, the NRC determined that the existing regulatory structure ensures adequate protection of public health and safety and common defense and security.

On June 20, 2012, ZionSolutions submitted a letter, Request for Exemption to Revised Emergency Planning Rule (Reference 5), requesting exemption from specific emergency planning requirements of 10 CFR 50.47, Emergency Plans, and Appendix E to 10 CFR Part

50. ZionSolutions has determined that this exemption request 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 in accordance with 10 CFR 50.12. ZionSolutions' intent in submitting this exemption request is to maintain its regulatory structure that was in place before the issuance of the EP Final Rule and, therefore, does not propose any changes to its emergency plan or implementing procedures other than simple regulatory reference changes that can be implemented under 10 CFR 50.54(q).

2.0 DISCUSSION ZNPS was shut down on February 21, 1997, and is currently in a permanently shut-down and defueled condition. In a letter dated April 13, 1999 (Reference 3), ComEd requested approval of a Defueled Station Emergency Plan (DSEP) and an exemption from certain regulations in 10 CFR 50.47 for ZNPS. On August 31, 1999 (Reference 4), the NRC approved the DSEP for ZNPS and issued an exemption from certain requirements of 10 CFR Part 50 for ZNPS to discontinue offsite emergency planning activities and to reduce the scope of onsite emergency planning. The staff concluded that an exemption was acceptable in view of the greatly reduced offsite radiological consequences associated with the permanently shut-down and defueled status of the facility. The staff found that the postulated dose to the general public from any reasonably conceivable accident would not exceed the U.S. Environmental Protection Agency (EPA) Protective Action Guides (PAGs).

Since the approval of the DSEP, the ZNPS licensee has not requested nor received substantive exemptions from emergency planning requirements. The EP program at the ZNPS facility met the EP requirements in 10 CFR Part 50 that were in effect before December 23, 2011 (the effective date of the EP Final Rule), subject to any license amendments or exemptions modifying the EP requirements for the licensee. Thus, compliance with the EP requirements in effect before the effective date of the Final EP Rule demonstrated reasonable assurance that adequate protective measures could be taken in the event of a radiological emergency.

3.0 REGULATORY EVALUATION

In the Final Rule for Storage of Spent Fuel in NRC-Approved Storage Casks at Power Reactor Sites (55 FR 29181; July 18, 1990), the NRC amended its regulations to provide for the storage

of spent nuclear fuel under a general license on the site of any nuclear power reactor. In its Statement of Considerations (SOC) for the Final Rule (55 FR 29185), the Commission responded to comments related to emergency preparedness for spent fuel dry storage, stating, The new 10 CFR 72.32(c) states that, For an ISFSI that is located on the site of a nuclear power reactor licensed for operation by the Commission, the emergency plan required by 10 CFR 50.47 shall be deemed to satisfy the requirements of this Section. One condition of the general license is that the reactor licensee must review the reactor emergency plan and modify it as necessary to cover dry cask storage and related activities. If the emergency plan is in compliance with 10 CFR 50.47, then it is in compliance with the Commission's regulations with respect to dry cask storage.

In the SOC for the Final Rule for EP requirements for ISFSIs and Monitored Retrievable Storage Installation (MRS) (60 FR 32430; June 22, 1995), the Commission stated, in part, that current reactor emergency plans cover all at-or near reactor ISFSI's. An ISFSI that is to be licensed for a stand-alone operation will need an emergency plan established in accordance with the requirements in this rulemaking (60 FR 32431). The Commission based this determination on, in part, the findings in NUREG-1140, A Regulatory Analysis on Emergency Preparedness for Fuel Cycle and Other Radioactive Material Licensees, that the consequences of accidental releases associated with the operation of an ISFSI would not exceed the EPA PAGs (60 FR 32431).

The Commission responded to comments concerning offsite emergency planning for ISFSIs or an MRS and concluded, Emergency planning requirements for power reactors, fuel cycle facilities, ISFSIs and MRSs are all based on a spectrum of accidents, including worst-case severe accidents. Emergency planning focuses on the detection of accidents and the mitigation of their consequences. Emergency planning does not focus on the initiating events. Therefore, based on the potential inventory of radioactive material, potential driving forces for distributing that amount of radioactive material, and the probability of the initiation of these events, the Commission concluded that the offsite consequences of potential accidents at an ISFSI or a MRS would not warrant establishing Emergency Planning Zones (60 FR 32435).

In addition, the Commission responded to comments specific to Issue 49 for an ISFSI not at a reactor site, and concluded, The Commission does not agree that as a general matter emergency plans for an ISFSI must include evacuation planning (60 FR 32439).

As part of the review for ZionSolutions current exemption request, the staff also used the EP regulations in 10 CFR 72.32 and Spent Fuel Project Office Interim Staff Guidance (ISG) - 16, Emergency Planning, (Reference 8) as references to ensure consistency between specific-licensed and general-licensed ISFSIs.

4.0 TECHNICAL EVALUATION

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) when special circumstances are present. The staff reviewed this request to determine whether the specific exemptions should be granted.

4.1 Specific Exemptions for 10 CFR 50.47 ZionSolutions letter dated June 20, 2012, requested an exemption from 10 CFR 50.47(b)(4) and 10 CFR 50.47(b)(10) (as indicated by strike through) for the ZNPS facility. Additionally, the 2011 EP Final Rule changed the regulation in 10 CFR 50.47(b)(3). Although, the change was not identified by ZionSolutions as a requested exemption, the basis for the 1999 exemption has not changed and is the same basis for ZionSolutions current exemption request; therefore the staff concludes that ZionSolutions is exempt from the new requirement in 10 CFR 50.47(b)(3) as identified below:

(4.1.1) 10 CFR 50.47(b)(3)

(3) Arrangements for requesting and effectively using assistance resources have been made, arrangements to accommodate State and local staff at the licensees Emergency Operations Facility have been made, and other organizations capable of augmenting the planned response have been identified.

In 1999, the NRC approved the ZNSP DSEP and granted an exemption from offsite EP requirements. The NRC concluded that the licensees proposal to discontinue offsite emergency planning activities and reduce the scope of onsite emergency planning was acceptable in view of the greatly reduced offsite radiological consequences associated with the permanently shut down and defueled status of the reactor. The staff determined that no credible events would result in doses to the public beyond the owner controlled area boundary that would exceed the EPA PAGs. Therefore, emergency planning zones beyond the owner controlled area and the associated protective actions developed from evacuation time estimates (ETE) were no longer required. Additionally, the staff concluded that the ZNPS DSEP provided for an acceptable level of emergency preparedness at the ZNPS facility in its shutdown and defueled condition, and also provided reasonable assurance that adequate protective measures can and will be taken in the event of a radiological emergency at the ZNPS facility. Now, with all of the fuel in an ISFSI, the consequences of accidental releases associated with the operation of an ISFSI would not exceed the EPA PAGs and do not warrant establishing Emergency Planning Zones as discussed above.

The 2011 EP Final Rule changed the regulation by removing the term near site from 10 CFR 50.47(b)(3). The fact that an Emergency Operations Facility (EOF) need not be near the site does not change the licensees current exemption from the underlying requirement to have an EOF because the basis for the exemption has not changed. Therefore, the staff concludes that ZionSolutions continues to be exempt from the requirement that arrangements to accommodate State and local staff at the licensees Emergency Operations Facility have been made, of 10 CFR 50.47(b)(3).

(4.1.2) 10 CFR 50.47(b)(4)

(4) A standard emergency classification and action level scheme, the bases of which include facility system and effluent parameters, is in use by the nuclear facility licensee, and State and local response plans call for reliance on information provided by facility licensees for determinations of minimum initial offsite response measures.

In 1999, the NRC approved the ZNSP DSEP and exempted ComEd from offsite planning requirements as discussed above in 4.1.1. Based on the discussion provided in 4.1.1, the NRC staff concludes that ZNPS continues to be exempt from the requirement: and State and local

response plans call for reliance on information provided by facility licensees for determinations of minimum initial offsite response measures of 10 CFR 50.47(b)(4).

(4.1.3) 10 CFR 50.47(b)(10)

(10) A range of protective actions has been developed for the plume exposure pathway EPZ for emergency workers and the public. In developing this range of actions, consideration has been given to evacuation, sheltering, and, as a supplement to these, the prophylactic use of potassium iodide (KI), as appropriate. [1999 exemption]

Evacuation time estimates have been developed by applicants and licensees.

Licensees shall update the evacuation time estimates on a periodic basis. Guidelines for the choice of protective actions during an emergency, consistent with Federal guidance, are developed and in place, and protective actions for the ingestion exposure pathway EPZ appropriate to the locale have been developed. [1999 exemption]

The 2011 EP Final Rule added the requirements, Evacuation time estimates have been developed by applicants and licensees. Licensees shall update the evacuation time estimates on a periodic basis, to 10 CFR 50.47(b)(10). These requirements to develop and update an ETE are offsite activities, and the NRC granted ComEd an exemption from offsite emergency planning activities in 1999 as discussed above in 4.1.1. Furthermore, the Commission has stated that, in general, evacuation planning is not needed for an ISFSI not located at a nuclear power reactor site (60 FR 32439). Because the basis for the 1999 exemption has not changed and is the same basis for ZionSolutions current exemption request, the staff concludes that ZionSolutions is exempt from the new requirements, Evacuation time estimates have been developed by applicants and licensees. Licensees shall update the evacuation time estimates on a periodic basis, of 10 CFR 50.47(b)(10).

4.2 Specific Exemptions for 10 CFR Part 50, Appendix E, Section IV ZionSolutions application dated June 20, 2012 requested an exemption from certain sections of Appendix E to 10 CFR Part 50 (as indicated by strike through) for the ZNPS.

(4.2.1) 10 CFR Part 50, Appendix E, Section IV.1

1. The applicant's emergency plans shall contain, but not necessarily be limited to, information needed to demonstrate compliance with the elements set forth below, i.e.,

organization for coping with radiological emergencies, assessment actions, activation of emergency organization, notification procedures, emergency facilities and equipment, training, maintaining emergency preparedness, recovery, and onsite protective actions during hostile action. In addition, the emergency response plans submitted by an applicant for a nuclear power reactor operating license under this Part, or for an early site permit (as applicable) or combined license under 10 CFR Part 52, shall contain information needed to demonstrate compliance with the standards described in

§ 50.47(b), and they will be evaluated against those standards.

In the Final EP Rule, the Commission added the term, "hostile action," and defined it as an act directed toward a nuclear power plant or its personnel. An ISFSI is not a nuclear power plant, so an ISFSI does not fall within the definition of hostile action. The staff concludes that the ZNPS is also excluded from the definition of hostile action because all of the ZNPS fuel has been moved to an ISFSI. Moreover, the removal of all fuel from the ZNPS spent fuel pool has made the risks of an accident and resulting release requiring offsite protective measures even

smaller for the ZNPS.

Because the ZNPS facility does fall within the definition of hostile action in Appendix E of Part 50, the NRC staff concludes that ZionSolutions is exempt from the requirement, and onsite protective actions during hostile action of 10 CFR Part 50, Appendix E, Section IV.1, based on the analysis provided in this section. The remaining requirements applicable to a 10 CFR Part 50 licensee apply to ZionSolutions.

(4.2.2) 10 CFR Part 50, Appendix E, Section IV.2

2. This nuclear power reactor license applicant shall also provide an analysis of the time required to evacuate various sectors and distances within the plume exposure pathway EPZ for transient and permanent populations, [1999 exemption] using the most recent U.S. Census Bureau data as of the date the applicant submits its application to the NRC.

In 1999, the NRC approved the ZNSP DSEP, which exempted ComEd from offsite emergency planning activities, including ETEs. Therefore, the NRC staff concludes that ZionSolutions continues to be exempt from the requirements of 10 CFR Part 50, Appendix E, Section IV.2, for the ZNPS facility based on the analysis in this section and the justification provided in Section 4.1.3 above.

(4.2.3) 10 CFR Part 50, Appendix E, Section IV.3

3. Nuclear power reactor licensees shall use NRC approved evacuation time estimates (ETEs) and updates to the ETEs in the formulation of protective action recommendations and shall provide the ETEs and ETE updates to State and local governmental authorities for use in developing offsite protective action strategies.

The NRC staff concludes that ZionSolutions is exempt from the requirements of 10 CFR Part 50, Appendix E, Section IV.3, for the ZNPS facility based on the justification provided in Section 4.2.2.

(4.2.4) 10 CFR Part 50, Appendix E, Section IV.4

4. Within 365 days of the later of the date of the availability of the most recent decennial census data from the U.S. Census Bureau or December 23, 2011, nuclear power reactor licensees shall develop an ETE analysis using this decennial data and submit it under

§ 50.4 to the NRC. These licensees shall submit this ETE analysis to the NRC at least 180 days before using it to form protective action recommendations and providing it to State and local governmental authorities for use in developing offsite protective action strategies.

The NRC staff concludes that ZionSolutions is exempt from the requirements of 10 CFR Part 50, Appendix E, Section IV.4, for the ZNPS facility based on the justification provided in Section 4.2.2.

(4.2.5) 10 CFR Part 50, Appendix E, Section IV.5

5. During the years between decennial censuses, nuclear power reactor licensees shall estimate EPZ permanent resident population changes once a year, but no later than 365 days from the date of the previous estimate, using the most recent U.S. Census Bureau

annual resident population estimate and State/local government population data, if available. These licensees shall maintain these estimates so that they are available for NRC inspection during the period between decennial censuses and shall submit these estimates to the NRC with any updated ETE analysis.

The NRC staff concludes that ZionSolutions is exempt from the requirements of 10 CFR Part 50, Appendix E, Section IV.5, for the ZNPS facility based on the justification provided in Section 4.2.2.

(4.2.6) 10 CFR Part 50, Appendix E, Section IV.6

6. If at any time during the decennial period, the EPZ permanent resident population increases such that it causes the longest ETE value for the 2-mile zone or 5-mile zone, including all affected Emergency Response Planning Areas, or for the entire 10-mile EPZ to increase by 25 percent or 30 minutes, whichever is less, from the nuclear power reactor licensee's currently NRC approved or updated ETE, the licensee shall update the ETE analysis to reflect the impact of that population increase. The licensee shall submit the updated ETE analysis to the NRC under § 50.4 no later than 365 days after the licensee's determination that the criteria for updating the ETE have been met and at least 180 days before using it to form protective action recommendations and providing it to State and local governmental authorities for use in developing offsite protective action strategies.

The NRC staff concludes that ZionSolutions is exempt from the requirements of 10 CFR Part 50, Appendix E, Section IV.6, for the ZNPS facility based on the justification provided in Section 4.2.2.

(4.2.7) 10 CFR Part 50, Appendix E, Section IV.A.4 ZionSolutions application stated that the 1999 exemption issued by the NRC exempted the licensee from all of Part 50, Appendix E,Section IV.A.4.

ComEds application for exemption dated April 13, 1999 (Reference 3) actually requested the following:

4. Identification, by position and function to be performed, of persons within the licensee organization who will be responsible for making offsite dose projections, and a description of how these projections will be made and the results transmitted to State and local authorities, NRC, and other appropriate governmental entities.

By letter dated August 31, 1999 (Reference 4), the staff granted the exemption to the requirements of 10 CFR Part 50, Appendix E.IV.A.4 as requested in ComEds application (Reference 3). Additionally, revision 13 to the ZNPS DSEP (Reference 9), dated September 21, 2010, provides that dose assessment is performed in the Control Room and is required for accident classification purposes.

Therefore, NRC staff concludes that ZionSolutions continues to be exempt only from the requirement, offsite of 10 CFR Part 50, Appendix E, Section IV.A.4 based on the analysis provided in this Section and Section 4.1.1. The remaining requirements of 10 CFR Part 50, Appendix E.IV.A.4 are applicable to ZNPS.

(4.2.8) 10 CFR Part 50, Appendix E, Section IV.A.7

7. By June 23, 2014, identification of, and a description of the assistance expected from, appropriate State, local, and Federal agencies with responsibilities for coping with emergencies, including hostile action at the site. For purposes of this appendix, hostile action is defined as an act directed toward a nuclear power plant or its personnel that includes the use of violent force to destroy equipment, take hostages, and/or intimidate the licensee to achieve an end. This includes attack by air, land, or water using guns, explosives, projectiles, vehicles, or other devices used to deliver destructive force.

The NRC staff concludes that ZionSolutions is exempt from the requirements of 10 CFR Part 50, Appendix E, Section IV.A.7, to amend its emergency plan by June 23, 2014, to: (1) include a description of the assistance expected from appropriate State, local, and Federal agencies with responsibilities for coping with emergencies, beyond the information already contained in ZionSolutionss emergency plan to meet the requirement of Appendix E,Section IV.A.7 as of December 22, 2011; and (2) identify and describe the assistance expected from appropriate State, local, and Federal agencies with responsibilities for coping with hostile action at the site, as hostile action is defined in Appendix E,Section IV.A.7. The NRC grants the first exemption because requiring ZionSolutions to provide a description of the assistance expected from appropriate State, local, and Federal agencies with responsibilities for coping with emergencies, in light of the low risk of an emergency necessitating offsite assistance and the information already provided by ZionSolutions in its emergency plan, is an unnecessary burden on the licensee. The NRC grants the second exemption because, as explained in Section 4.2.1 above, ZionSolutions is exempt from requirements in Appendix E related to a hostile action.

(4.2.9) 10 CFR Part 50, Appendix E, Section IV.A.9

9. By December 24, 2012, for nuclear power reactor licensees, a detailed analysis demonstrating that on-shift personnel assigned emergency plan implementation functions are not assigned responsibilities that would prevent the timely performance of their assigned functions as specified in the emergency plan.

In the Final EP Rule to amend certain emergency planning requirements for 10 CFR Part 50 (76 FR 72560), the NRC asked for public comment on whether the NRC should add a requirement for non-power reactor licensees to perform a detailed analysis demonstrating that on-shift personnel can perform all assigned emergency plan implementation functions in a timely manner without having competing responsibilities that could prevent them from performing their emergency plan functions. The NRC received several comments that opposed a regulation imposing this requirement. The NRC agreed that this requirement was not necessary for non-power reactor licensees. Similar to non-power reactors, staffing at decommissioning sites is generally small, which is commensurate with the need to operate the facility in a manner that is protective of public health and safety. Therefore, the NRC did not include this requirement in the Final EP Rule.

The staff considered the similarity between the staffing levels at ISFSIs like the ZNPS site and staffing levels at non-power reactors. The design of the ISFSI provides radiation shielding and contains internal airflow paths that allow decay heat from the spent fuel contents to be removed by natural air circulation around the canister wall. This passive design requires monitoring by minimal staff, which is commensurate with operating the ISFSI in a manner that is protective of public health and safety. In the Final EP Rule, the NRC agreed that the staffing analysis requirement was not necessary for non-power reactor licensees due to the small staffing levels

required to operate the facility. For the same reason, the staff concludes that the ZNPS site is also excluded from performing the staffing analysis.

The NRC staff concludes that ZionSolutions is exempt from the requirement 10 CFR Part 50, Appendix E, Section IV.A.9, for the ZNPS facility based on the analysis provided in this section.

(4.2.10) 10 CFR Part 50, Appendix E, Section IV.B.1

1. The means to be used for determining the magnitude of, and for continually assessing the impact of, the release of radioactive materials shall be described, including emergency action levels that are to be used as criteria for determining the need for notification and participation of local and State agencies, the Commission, and other Federal agencies, and the emergency action levels that are to be used for determining when and what type of protective measures should be considered within and outside

[1999 exemption] the site boundary to protect health and safety. The emergency action levels shall be based on in-plant conditions and instrumentation in addition to onsite and offsite [1999 exemption] monitoring. By June 20, 2012, for nuclear power reactor licensees, these action levels must include hostile action that may adversely affect the nuclear power plant. The initial emergency action levels shall be discussed and agreed on by the applicant or licensee and State and local governmental authorities, and approved by the NRC. Thereafter, emergency action levels shall be reviewed with the State and local governmental authorities on an annual basis.

The NRC staff concludes that ZionSolutions continues to be exempt from the requirements and outside and and offsite and is exempt from the requirement, By June 20, 2012, for nuclear power reactor licensees, these action levels must include hostile action that may adversely affect the nuclear power plant of 10 CFR Part 50, Appendix E, Section IV.B.1, for the ZNPS facility based on the justification provided in Section 4.2.1.

(4.2.11) 10 CFR Part 50, Appendix E, Section IV.C.2 ZionSolutions application requested the following:

2. By June 20, 2012, nuclear power reactor licensees shall establish and maintain the capability to assess, classify, and declare an emergency condition within 15 minutes after the availability of indications to plant operators that an emergency action level has been exceeded and shall promptly declare the emergency condition as soon as possible following identification of the appropriate emergency classification level. Licensees shall not construe these criteria as a grace period to attempt to restore plant conditions to avoid declaring an emergency action due to an emergency action level that has been exceeded. Licensees shall not construe these criteria as preventing implementation of response actions deemed by the licensee to be necessary to protect public health and safety provided that any delay in declaration does not deny the State and local authorities the opportunity to implement measures necessary to protect the public health and safety.

In the Proposed Rule (74 FR 23254) to amend certain emergency planning requirements for 10 CFR Part 50, the NRC asked for public comment on whether the NRC should add requirements for non-power reactor licensees to assess, classify, and declare an emergency condition within 15 minutes and promptly declare an emergency condition. The NRC received several

comments on these issues. The NRC believes there may be a need for the NRC to be aware of security related events early on so that an assessment can be made to consider the likelihood that the event is part of a larger coordinated attack. The NRC also believes declarations for non-security related events should be made in a timely fashion, but not necessarily with the same urgency as security related events. However, the NRC determined that further analysis and stakeholder interactions are needed prior to changing the requirements for non-power reactor licensees. Therefore, the NRC did not include requirements in the Final EP Rule for non-power reactor licensees to assess, classify, and declare an emergency condition within 15 minutes and promptly declare an emergency condition.

The staff considered the similarity between the ZNPS and a non-power reactor for the low likelihood of any credible accident resulting in radiological releases requiring offsite protective measures. The staff concludes that the ZNPS DSEP provides: (1) an adequate basis for an acceptable state of emergency preparedness, and (2) in conjunction with arrangements made with offsite response agencies, provides reasonable assurance that adequate protective measures can and will be taken in the event of a radiological emergency at the ZNPS.

The NRC staff concludes that ZionSolutions is only exempt from the requirements, By June 20, 2012, and within 15 minutes and to protect public health and safety provided that any delay in declaration does not deny the State and local authorities the opportunity to implement measures necessary to protect the public health and safety of 10 CFR Part 50, Appendix E, Section IV.C.2, for the ZNPS facility based upon the analysis in this section and the licensee commitment to notify the NRC operations center immediately after notifications of the appropriate offsite response organizations and not later than one hour after the licensee declares an emergency. The remaining requirements of 10 CFR Part 50, Appendix E.IV.C.2 are applicable to the ZNPS facility.

(4.2.12) 10 CFR Part 50, Appendix E, Section IV.D.3

3. A licensee shall have the capability to notify responsible State and local governmental agencies within 15 minutes after declaring an emergency. The licensee shall demonstrate that the appropriate governmental authorities have the capability to make a public alerting and notification decision promptly on being informed by the licensee of an emergency condition. Prior to initial operation greater than 5 percent of rated thermal power of the first reactor at the site, each nuclear power reactor licensee shall demonstrate that administrative and physical means have been established for alerting and providing prompt instructions to the public with the plume exposure pathway EPZ.

The design objective of the prompt public alert and notification system shall be to have the capability to essentially complete the initial alerting and notification of the public within the plume exposure pathway EPZ within about 15 minutes. The use of this alerting and notification capability will range from immediate alerting and notification of the public (within 15 minutes of the time that State and local officials are notified that a situation exists requiring urgent action) to the more likely events where there is substantial time available for the appropriate governmental authorities to make a judgment whether or not to activate the public alert and notification system. The alerting and notification capability shall additionally include administrative and physical means for a backup method of public alerting and notification capable of being used in the event the primary method of alerting and notification is unavailable during an emergency to alert or notify all or portions of the plume exposure pathway EPZ population. The backup method shall have the capability to alert and notify the public within the plume exposure pathway EPZ, but does not need to meet the 15 minute design objective for

the primary prompt public alert and notification system. When there is a decision to activate the alert and notification system, the appropriate governmental authorities will determine whether to activate the entire alert and notification system simultaneously or in a graduated or staged manner. The responsibility for activating such a public alert and notification system shall remain with the appropriate governmental authorities.

The NRC staff concludes that ZionSolutions is exempt from the requirements of 10 CFR Part 50, Appendix E, Section IV.D.3, except A licensee shall have the capability to notify responsible State and local governmental agencies after declaring an emergency for the ZNPS facility. The ZNPS DSEP that was approved by the NRC provided that the licensee committed to notify the State and local agencies within 30 minutes, and the NRC as soon as practical or within one hour of the declaration of an emergency at ZNPS. Additionally, the analysis provided in Section 4.1.1 justifies the offsite aspects of this exemption.

(4.2.13) 10 CFR Part 50, Appendix E, Section IV.D.4

4. If FEMA has approved a nuclear power reactor site's alert and notification design report, including the backup alert and notification capability, as of December 23, 2011, then the backup alert and notification capability requirements in Section IV.D.3 must be implemented by December 24, 2012. If the alert and notification design report does not include a backup alert and notification capability or needs revision to ensure adequate backup alert and notification capability, then a revision of the alert and notification design report must be submitted to FEMA for review by June 24, 2013, and the FEMA-approved backup alert and notification means must be implemented within 365 days after FEMA approval. However, the total time period to implement a FEMA-approved backup alert and notification means must not exceed June 22, 2015.

ZionSolutions did not specifically request an exemption from the requirement to have a backup public alert and notification system. Because ZionSolutions is already exempt from the requirement to have a public alert and notification system, it logically should be exempt from having a backup alert and notifications system. Therefore, the NRC staff concludes that ZionSolutions is exempt from the requirements of 10 CFR Part 50, Appendix E, Section IV.D.4, for the ZNPS facility. Additional justification is provided in Section 4.2.12.

(4.2.14) 10 CFR Part 50, Appendix E, Section IV.E.8.a.(i) 8.a.(i) A licensee onsite technical support center and an emergency operations facility from which effective direction can be given and effective control can be exercised during an emergency; The NRC staff concludes that ZNPS continues to be exempt from the requirement, and an emergency operations facility of 10 CFR Part 50, Appendix E, Section IV.E.8.a.(i), for the ZNPS facility. An exemption is granted only for reference to an emergency operations facility. See the justification provided in Section 4.1.1. The remaining requirements of 10 CFR Part 50, Appendix E, Section IV.E.8.a.(i) are applicable to ZNPS.

(4.2.15) 10 CFR Part 50, Appendix E, Section IV.E.8.a.(ii)

(ii) For nuclear power reactor licensees, a licensee onsite operational support center; The NRC staff concludes that ZionSolutions continues to be exempt from the requirements of

10 CFR Part 50, Appendix E, Section IV.E.8.a.(ii), for the ZNPS facility. Additional justification is provided in Section 4.1.1.

(4.2.16) 10 CFR Part 50, Appendix E, Section IV.E.8.b.

b. For a nuclear power reactor licensee's emergency operations facility required by paragraph 8.a of this section, either a facility located between 10 miles and 25 miles of the nuclear power reactor site(s), or a primary facility located less than 10 miles from the nuclear power reactor site(s) and a backup facility located between 10 miles and 25 miles of the nuclear power reactor site(s). An emergency operations facility may serve more than one nuclear power reactor site. A licensee desiring to locate an emergency operations facility more than 25 miles from a nuclear power reactor site shall request prior Commission approval by submitting an application for an amendment to its license.

For an emergency operations facility located more than 25 miles from a nuclear power reactor site, provisions must be made for locating NRC and offsite responders closer to the nuclear power reactor site so that NRC and offsite responders can interact face-to-face with emergency response personnel entering and leaving the nuclear power reactor site. Provisions for locating NRC and offsite responders closer to a nuclear power reactor site that is more than 25 miles from the emergency operations facility must include the following:

(1) Space for members of an NRC site team and Federal, State, and local responders; (2) Additional space for conducting briefings with emergency response personnel; (3) Communication with other licensee and offsite emergency response facilities; (4) Access to plant data and radiological information; and (5) Access to copying equipment and office supplies; ComEd was granted an exemption from the requirements to have an EOF in 1999. Therefore, the NRC staff concludes that ZionSolutions continues to be exempt from the new requirements related to an EOF, contained in 10 CFR Part 50, Appendix E, Section IV.E.8.b, for the ZNPS facility. Additional justification is provided in Section 4.1.1.

(4.2.17) 10 CFR Part 50, Appendix E, Section IV.E.8.c.

c. By June 20, 2012, for a nuclear power reactor licensee's emergency operations facility required by paragraph 8.a of this section, a facility having the following capabilities:

(1) The capability for obtaining and displaying plant data and radiological information for each reactor at a nuclear power reactor site and for each nuclear power reactor site that the facility serves; (2) The capability to analyze plant technical information and provide technical briefings on event conditions and prognosis to licensee and offsite response organizations for each reactor at a nuclear power reactor site and for each nuclear power reactor site that the facility serves; and

(3) The capability to support response to events occurring simultaneously at more than one nuclear power reactor site if the emergency operations facility serves more than one site; and The NRC staff concludes that ZionSolutions continues to be exempt from the new requirement for an EOF, contained in 10 CFR Part 50, Appendix E, Section IV.E.8.c, for the ZNPS facility.

Additional justification is provided in Section 4.1.1.

(4.2.18) 10 CFR Part 50, Appendix E, Section IV.E.8.d.

d. For nuclear power reactor licensees, an alternative facility (or facilities) that would be accessible even if the site is under threat of or experiencing hostile action, to function as a staging area for augmentation of emergency response staff and collectively having the following characteristics: the capability for communication with the emergency operations facility, control room, and plant security; the capability to perform offsite notifications; and the capability for engineering assessment activities, including damage control team planning and preparation, for use when onsite emergency facilities cannot be safely accessed during hostile action. The requirements in this paragraph 8.d must be implemented no later than December 23, 2014, with the exception of the capability for staging emergency response organization personnel at the alternative facility (or facilities) and the capability for communications with the emergency operations facility, control room, and plant security, which must be implemented no later than June 20, 2012.

The NRC staff concludes that ZNPS is exempt from the requirements of 10 CFR Part 50, Appendix E, Section IV.E.8.d, for the ZNPS facility, based on the justification provided in Section 4.2.1.

(4.2.19) 10 CFR Part 50, Appendix E, Section IV.E.8.e.

e. A licensee shall not be subject to the requirements of paragraph 8.b of this section for an existing emergency operations facility approved as of December 23, 2011; ZionSolutions did not specifically request an exemption from 10 CFR Part 50, Appendix E, Section IV.E.8.e. Because ZionSolutions is exempt from the requirements to have an EOF, it is exempt from requirements related to an EOF. Therefore, the NRC staff concludes that ZionSolutions is also exempt from the EOF requirements of 10 CFR Part 50, Appendix E, Section IV.E.8.e, for the ZNPS facility. Additional justification is provided in Section 4.1.1.

(4.2.20) 10 CFR Part 50, Appendix E, Section IV.F.2.a.

a. A full participation exercise which tests as much of the licensee, State, and local emergency plans as is reasonably achievable without mandatory public participation shall be conducted for each site at which a power reactor is located. Nuclear power reactor licensees shall submit exercise scenarios under § 50.4 at least 60 days before use in a full participation exercise required by this paragraph 2.a.

The NRC staff concludes that ZionSolutions continues to be exempt from A full participation exercise which tests as much of the licensee, State, and local emergency plans as is reasonably achievable without mandatory public participation shall be conducted for each site at

which a power reactor is located and is exempt from the new requirement, Nuclear power reactor licensees shall submit exercise scenarios under § 50.4 at least 60 days before use in a full participation exercise required by this paragraph 2.a of 10 CFR Part 50, Appendix E, Section IV.F.2.a, for the ZNPS facility. Based on the justification provided in Section 4.1.1, ZionSolutions continues to be exempt from offsite emergency planning and associated requirements, such as the submittal of an exercise scenario for a full participation exercise.

(4.2.21) 10 CFR Part 50, Appendix E, Section IV.F.2.b.

b. Each licensee at each site shall conduct a subsequent exercise of its onsite emergency plan every 2 years. Nuclear power reactor licensees shall submit exercise scenarios under § 50.4 at least 60 days before use in an exercise required by this paragraph 2.b. The exercise may be included in the full participation biennial exercise required by paragraph 2.c. of this section. In addition, the licensee shall take actions necessary to ensure that adequate emergency response capabilities are maintained during the interval between biennial exercises by conducting drills, including at least one drill involving a combination of some of the principal functional areas of the licensee's onsite emergency response capabilities. The principal functional areas of emergency response include activities such as management and coordination of emergency response, accident assessment, event classification, notification of offsite authorities, assessment of the onsite and offsite [1999 exemption] impact of radiological releases, protective action recommendation development, protective action decision making, plant system repair and mitigative action implementation. During these drills, activation of all of the licensee's emergency response facilities (Technical Support Center (TSC),

Operations Support Center (OSC), and the Emergency Operations Facility (EOF)) [1999 exemption] would not be necessary, licensees would have the opportunity to consider accident management strategies, supervised instruction would be permitted, operating staff in all participating facilities would have the opportunity to resolve problems (success paths) rather than have controllers intervene, and the drills may focus on the onsite exercise training objectives.

The NRC staff concludes that ZionSolutions is exempt from the requirement: Nuclear power reactor licensees shall submit exercise scenarios under § 50.4 at least 60 days before use in an exercise required by this paragraph 2.b. The exercise may be included in the full participation biennial exercise required by paragraph 2.c. of this section and continues to be exempt from the requirement and offsite and (Technical Support Center (TSC), Operations Support Center (OSC), and the Emergency Operations Facility (EOF)) of 10 CFR Part 50, Appendix E, Section IV.F.2.b, for the ZNPS facility. Additional justification is provided in Section 4.2.20.

(4.2.22) 10 CFR Part 50, Appendix E, Section IV.F.2.c.

c. Offsite plans for each site shall be exercised biennially with full participation by each offsite authority having a role under the radiological response plan. Where the offsite authority has a role under a radiological response plan for more than one site, it shall fully participate in one exercise every two years and shall, at least, partially participate in other offsite plan exercises in this period. If two different licensees each have licensed facilities located either on the same site or on adjacent, contiguous sites, and share most of the elements defining co-located licensees, then each licensee shall:

(1) Conduct an exercise biennially of its onsite emergency plan;

(2) Participate quadrennially in an offsite biennial full or partial participation exercise; (3) Conduct emergency preparedness activities and interactions in the years between its participation in the offsite full or partial participation exercise with offsite authorities, to test and maintain interface among the affected State and local authorities and the licensee. Co-located licensees shall also participate in emergency preparedness activities and interaction with offsite authorities for the period between exercises; (4) Conduct a hostile action exercise of its onsite emergency plan in each exercise cycle; and (5) Participate in an offsite biennial full or partial participation hostile action exercise in alternating exercise cycles.

The NRC staff concludes that ZionSolutions is exempt from the new requirements of 10 CFR Part 50, Appendix E, Section IV.F.2.c.(4) and (5), and continues to be exempt from the rest of the requirements of 10 CFR Part 50, Appendix E, Section IV.F.2.c, for the ZNPS facility based on the justification provided in Section 4.1.1.

(4.2.23) 10 CFR Part 50, Appendix E, Section IV.F.2.d.

d. Each State with responsibility for nuclear power reactor emergency preparedness should fully participate in the ingestion pathway portion of exercises at least once every exercise cycle. In States with more than one nuclear power reactor plume exposure pathway EPZ, the State should rotate this participation from site to site. Each State with responsibility for nuclear power reactor emergency preparedness should fully participate in a hostile action exercise at least once every cycle and should fully participate in one hostile action exercise by December 31, 2015. States with more than one nuclear power reactor plume exposure pathway EPZ should rotate this participation from site to site.

The NRC staff concludes that ZionSolutions is exempt from the requirements of 10 CFR Part 50, Appendix E, Section IV.F.2.d, for the ZNPS facility based on the justification provided in Section 4.1.1.

(4.2.24) 10 CFR Part 50, Appendix E, Section IV.F.2.i.

i. Licensees shall use drill and exercise scenarios that provide reasonable assurance that anticipatory responses will not result from preconditioning of participants. Such scenarios for nuclear power reactor licensees must include a wide spectrum of radiological releases and events, including hostile action. Exercise and drill scenarios as appropriate must emphasize coordination among onsite and offsite response organizations.

The NRC staff concludes that ZionSolutions is exempt from the requirement: Such scenarios for nuclear power reactor licensees must include a wide spectrum of radiological releases and events, including hostile action of 10 CFR Part 50, Appendix E, Section IV.F.2.i, for the ZNPS facility based on the justification provided in Section 4.2.1.

(4.2.25) 10 CFR Part 50, Appendix E, Section F.2.j.

j. The exercises conducted under paragraph 2 of this section by nuclear power reactor licensees must provide the opportunity for the ERO to demonstrate proficiency in the key skills necessary to implement the principal functional areas of emergency response identified in paragraph 2.b of this section. Each exercise must provide the opportunity for the ERO to demonstrate key skills specific to emergency response duties in the control room, TSC, OSC, EOF, and joint information center. Additionally, in each eight calendar year exercise cycle, nuclear power reactor licensees shall vary the content of scenarios during exercises conducted under paragraph 2 of this section to provide the opportunity for the ERO to demonstrate proficiency in the key skills necessary to respond to the following scenario elements: hostile action directed at the plant site, no radiological release or an unplanned minimal radiological release that does not require public protective actions, an initial classification of or rapid escalation to a Site Area Emergency or General Emergency, implementation of strategies, procedures, and guidance developed under § 50.54(hh)(2), and integration of offsite resources with onsite response. The licensee shall maintain a record of exercises conducted during each eight year exercise cycle that documents the content of scenarios used to comply with the requirements of this paragraph. Each licensee shall conduct a hostile action exercise for each of its sites no later than December 31, 2015. The first eight-year exercise cycle for a site will begin in the calendar year in which the first hostile action exercise is conducted. For a site licensed under Part 52, the first eight-year exercise cycle begins in the calendar year of the initial exercise required by Section IV.F.2.a.

The NRC staff concludes that ZionSolutions is exempt from the requirements of 10 CFR Part 50, Appendix E, Section IV.F.2.j, for the ZNPS facility based on the justification provided in Section 4.1.1.

(4.2.26) 10 CFR Part 50, Appendix E, Section IV.I.

By June 20, 2012, for nuclear power reactor licensees, a range of protective actions to protect onsite personnel during hostile action must be developed to ensure the continued ability of the licensee to safely shut down the reactor and perform the functions of the licensees emergency plan.

The NRC staff concludes that ZionSolutions is exempt from the requirements of 10 CFR Part 50, Appendix E, Section IV.I, for the ZNPS facility based on the justification provided in Section 4.2.1.

5.0 CONCLUSION

The request for the exemption has been reviewed against the acceptance criteria included in 10 CFR 50.47, Appendix E to 10 CFR Part 50, 10 CFR 72.32 and Interim Staff Guidance - 16.

The review considered the permanently shut-down and defueled status of the reactor, and the low likelihood of any credible accident resulting in radiological releases requiring offsite protective measures. These evaluations were supported by the previously documented licensee and staff accident analyses. The staff concludes that the ZNPS DSEP provides: (1) an adequate basis for an acceptable state of emergency preparedness, and (2) in conjunction with arrangements made with offsite response agencies, provides reasonable assurance that adequate protective measures can and will be taken in the event of a radiological emergency at the ZNPS.

6.0 REFERENCES

1. Letter from Commonwealth Edison Company to U.S. Nuclear Regulatory Commission, Zion Nuclear Power Station, Unit Nos. 1 and 2 Certification of Permanent Cessation of Operations, dated February 13, 1998, (ADAMS Legacy No. 9802200407).

2. Letter from Commonwealth Edison Company to U.S. Nuclear Regulatory Commission, Zion Nuclear Power Station, Unit Nos. 1 and 2 Certification of Permanent Fuel Removal, dated March 9, 1998, (ADAMS Legacy No. 9803110251).

3. Letter from Commonwealth Edison Company to U.S. Nuclear Regulatory Commission, Request for Approval of Defuel Station Emergency Plan and Exemption from Certain Sections of 10 CFR 50.47, Emergency Plans, for the Zion Nuclear Power Station, dated April 13, 1999, (ADAMS Legacy No. 9904220148).

4. Letter from U.S. Nuclear Regulatory Commission to Commonwealth Edison Company, Request for Approval of Defueled Station Emergency Plan and Exemption from Certain Requirements of 10 CFR 50.47, Emergency Plans - Zion Nuclear Power Station, Unit Nos. 1 and 2 (TAC Nos. MA5253 and MA5254), dated August 31, 1999, (ADAMS Legacy No. 9909070087).

5. Letter from ZionSolutions, LLC to U.S. Nuclear Regulatory Commission, Request for Exemption to Revised Emergency Planning Rule, dated June 20, 2012, (ADAMS Accession No. ML12173A316).

6. Letter from U.S. Nuclear Regulatory Commission to Oliver Kingsley, Commonwealth Edison Company, Certification of Permanent Cessation of Power Operation and Permanent Removal of Fuel from the Reactor for Zion Nuclear Power Station, Units 1 and 2, dated May 4, 1998, (ADAMS Legacy No. 99805080144).

7. Letter from Exelon Generation Company, LLC to U.S. Nuclear Regulatory Commission, Application for License Transfers and Conforming Administrative License Amendments, dated January 25, 2008, (ADAMS Accession No. ML080310521).

8. Spent Fuel Project Office Interim Staff Guidance - 16, Emergency Planning, dated June 14, 2000. (ADAMS Accession No. ML003724570).

9. Letter from ZionSolutions, LLC to U.S. Nuclear Regulatory Commission, Changes to Emergency Plan, dated September 21, 2010, (ADAMS Accession No. ML102720126).

10. Letter from ZionSolutions, LLC to U.S. Nuclear Regulatory Commission, Request to Rescind NRC Orders, dated January 12, 2015, (ADAMS Accession No. ML15014A062).

Principal Contributors: Michael Norris John Hickman