ML17331A123
| ML17331A123 | |
| Person / Time | |
|---|---|
| Site: | Cook  |
| Issue date: | 03/30/1993 |
| From: | Virgilio M Office of Nuclear Reactor Regulation |
| To: | INDIANA MICHIGAN POWER CO. |
| Shared Package | |
| ML17331A124 | List: |
| References | |
| NUDOCS 9304070158 | |
| Download: ML17331A123 (6) | |
Text
UNITED STATES OF AMERIC UC E
R R
GUL ORY OMM SSION In the Matter of
'NDIANA MICHIGAN POWER COMPANY (Donald C.
Cook Nuclear Plant Units 1 and 2)
Docket Nos.
50-315 and 50-316
~EXEMPTI0 Indiana Michigan Power Company (the licensee) is the holder of Facility Operating License Nos.
DPR-58 and DPR-74 which authorize operation of the Donald C.
Cook Nuclear Plant, Units 1 and 2 at steady-state reactor power levels not in excess of 3250 and 3411 megawatts thermal, respectively.
The Donald C.
Cook facilities are pressurized water reactors located at the licensee s site in Berrien County, Michigan.
These licenses
- provide, among other things, that they are subject to all rules, regulations, and orders of the Nuclear Regulatory Commission (the Commission) now or hereafter in effect.
Section 50.54(q) of 10 CFR Part 50 requires a licensee authorized to operate a nuclear power reactor to follow and maintain in effect emergency plans that meet the standards of 10 CFR 50.47(b) and the requirements of Appendix E to 10 CFR Part 50.
Section IV.F.3 of Appendix E requires that each licensee at each site shall exercise with off-site authorities such that the State and local government emergency plans for each operating reactor site are exercised biennially, with full or partial participation by State and local governments, within the plume exposure pathway emergency planning zone (EPZ).
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The NRC may grant exemptions from the requirements of the regulations which, pursuant to 10 CFR 50. 12(a),
(1) are authorized by law, will not present an undue risk to the public health and safety, and are consistent with the common defense and security; and (2) where special circumstances are present.
Section
- 50. 12(a)(2)(v) of 10 CFR Part 50 indicates that special circumstances exist when an exemption would provide only temporary relief from the applicable regulation and the licensee has made good faith efforts to comply with the regulation.
By letter dated Hay 24, 1991, the licensee requested an exemption from the schedule requirements of Section IV.F.3 of Appendix E to perform a
biennial full participation emergency preparedness exercise for Donald C. Cook Nuclear Plant in 1992.
This exemption was granted by the Commission on September 4,
1991, with the stipulation that the full participation exercise be conducted before June 1,
1993.
By letter dated January 15, 1993, the licensee requested an extension to the previously granted exemption.
As a result of a scheduling conference held November 12 and 13, 1992, with FEHA and representatives from all of the State and utilities in FEHA Region V, the licensee was assigned a date of June 30, 1993, for its full participation emergency preparedness exercise.
The rationale that was provided for originally granting the exemption, to, balance the logistical and resource burden on the State and FEHA, is still germane.
The current schedule only extends the previously granted exemption by a month.
Also, local officials of Berrien County also participated in emergency preparedness exercises for the Palisades Nuclear Plant.
IV.
Based on a consideration of the facts presented in Section III above, the NRC staff finds that the following factors support granting of the requested exemption:
a.
The capability of the State of Michigan and the local government agencies to respond to an emergency at the Donald C.
Cook Nuclear Plant has been adequately demonstrated in previous exercises at D. C. Cook.
FEMA has found that there is reasonable assurance that appropriate measures can be taken to protect the health and safety of the public in the event of a radiological accident at D.
C.
Cook and had previously granted an exemption to the requirements.of Title 44 CFR Part 350.9(c).
b.
The State of Michigan maintains a high level of preparedness through its participation in exercises with each of the nuclear power plants located in the State, including two full participation exercises in 1992.
c.
FEMA and State and local agencies have indicated their agreement with the proposed exercise schedule change.
The requested exemption is a one-time schedule change which will result in extending the previously granted exemption by one month.
This will result in a more balanced and efficient allocation of State and FEMA resources.
The licensee has made a good faith effort to comply with the regulations by conducting the required full participation emergency preparedness exercises at D.
C.
Cook with State and local government agencies since 1984.
All affected parties support the proposed schedule change.
V.
Accordingly, the Commission has determined that pursuant to 10 CFR
- 50. 12(a)(l), this exemption as described in Section IV 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.
The Commission determines further that special circumstances as provided in 10 CFR 50. 12(a)(2)(v) are present justifying the exemption.
Therefore, the Commission hereby grants the Exemption from the requirements of 10 CFR Part 50, Appendix E, Section IV.F.3, for the conduct of a biennial off-site full participation emergency preparedness exercise in
- 1992, provided that such an exercise be conducted by the end of July 1993.
Pursuant to 10 CFR 51.32, the Commission has determined that granting of this Exemption will have no significant impact on the environment (58 FR 16555).
This Exemption is effective upon issuance.
FOR THE NUCLEAR REGULATORY COMMISSION Dated at Rockville, Maryland this 30thday of March, 1993
- SEE PREVIOUS CONCURRENCE Original signed by Martin J. Virgilio, Acting Director Division of Reactor Projects - III/IV/V Office of Nuclear Reactor Regulation OFFICE HAHE DATE OFFICE HAHE LA:PD31*
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03 15 93 03 02 93 DATE OFFICIAL RECORD COPY 03 22/93 03 90 93 FILENAME: G: iWPDOCSiDCCOOKiC085671. EXE
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