ML18067A711

Requests Exemption from 10CFR50.54(q) & 10CFR50,App E & Request for Approval to Change Site Emergency Plan.Ltr Contains No New Commitments & No Revs to Existing Commitments.Rev to Site Emergency Plan Encl

ML18067A711
Person / Time
Site:	Palisades
Issue date:	10/07/1997
From:	Bordine T CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.)
To:	NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML18067A712	List: ML18067A711
References
NUDOCS 9710150249
Download: ML18067A711 (7)

Text

A CMS Energy Company Thomas t:. Batdlns Manager Licensing October 7, 1997 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555 DOCKET 50-255 - LICENSE DPR PALISADES PLANT REQUEST FOR EXEMPTION FROM 10 CFR 50.54(q) AND 10 CFR 50, APPENDIX E, AND REQUEST FOR APPROVAL TO CHANGE THE SITE EMERGENCY PLAN Consumers Energy is requesting an exemption from 10 CFR 50.54(q) and 10 CFR 50, Appendix E, Paragraph IV, "Content of Emergency Plans" requirement to perform a monthly communications test with the NRC Region Ill Operations Center. Attachment 1 contains the basis for the request for the exemption.

In addition, we are requesting the approval of the change to the Palisades Site Emergency Plan which implements the deletion of the above testing. Attachment 2 contains the basis for the request for the approval. Attachment 3 contains the revised page of the Site Emergency Plan.

SUMMARY

OF COMMITMENTS This letter contains no new commitments and no revisions to existing commitments.

~L Thomas C. Berdine Manager, Licensing cc Administrator, Region Ill, USNRC Project Manager, NRR, USNRC NRC Resident Inspector - Palisades Attachments

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9710150249 971007 --- 11111111111111111111111111111111

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llll llll PDR ADOCK 05000255 F PDR Palisades Nuclear Plant

• 27780 Blue Star Memorial Highway

• Covml, Ml 49043

• Tel: 616 764 2913

• Fax: 616 764 2490

CONSUMERS ENERGY COMPANY To the best of my knowledge, the contents of this request for exemption from 10 CFR 50.54(q) and 10 CFR 50, Appendix E are truthful and complete.

~~Qd~ omasc. Berdine

• Manager, Licensing Sworn and subscribed to before me this 11' dayof ~ 1997.

~'M.C\:J~

Alora M. Davis, Notary Public Berrien County, Michigan (Acting in Van Buren County, Michigan)

My commission expires August 26, 1999 1.'I ,) 'r

[SEAL]

ATTACHMENT 1 CONSUMERS ENERGY COMPANY PALISADES PLANT DOCKET 50-255 REQUEST FOR EXEMPTION FROM 10 CFR 50.54(q)

AND 10 CFR 50, APPENDIX E 2 Pages

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REQUEST.FOR EXEMPTION FROM 10 CFR 50.54(q) AND 10 CFR 50, APPENDIX E Description of Request Title 10 of the Code Federal Regulations, Part 50.54(q) requires that Appendix E requirements must be met. Title 10 of the Code Federal Regulations, Part 50, Appendix E,Section IV, "Content of Emergency Plans" states in Paragraph E.9 that all communication plans will include "d. Provisions for communications by the licensee with NRC Headquarters and the appropriate NRC Regional Office Operations Center from the power reactor control room, the onsite technical support center, and the near-site emergency operations facility. Such communications shall be tested monthly".

An exemption is requested from the 10 CFR 50 requirement to perform monthly communication tests to the Region Ill Operations Center from the Palisades Control Room, Technical Support Center, and the Emergency Operations Facility.

Regulatory Bases for Requested Exemption The provisions of 10 CFR 50.12 allow specific exemption from the requirements of 10 CFR 50. The requirements of 10 CFR 50.12(a)(1) allow the Commission to grant exemptions provided the exemption is: "Authorized by law, will not present an undue risk to the public health and safety, and are consistent with the common defense and security." --

Consumers Energy has reviewed the content of the requested exemption and has concluded it meets these requirements as follows:

This exemption is authorized by law under 10 CFR 50.47(a)(2) which allows the NRC to assess whether the licensee's onsite emergency plans are adequate and whether there is reasonable assurance that they can be implemented prior to issuing the license.

This exemption request is consistent with the common defense and security, as the request will have no adverse effect on defense and security. This request will eliminate a monthly telephone call to the regional operations center which is not normally manned, nor is normally called during an emergency.

This exemption request does not present an undue risk to the public health and safety, as the established communication path is to contact the NRC Headquarters during emergency situations, not the NRC Regional Operations

REQUEST .FOR EXEMPTION FROM 10 CFR 50.54(q) AND 10 CFR 50, APPENDIX E Center. This established communication path to the NRC Headquarters will continue to be tested and maintained.

In addition, 10CFR50.12(a)(2) states "The Commission will not consider granting an exemption unless special circumstances are present." One special circumstance defined in 10 CFR 50.12(a)(2)(ii) states "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; ... " Consumers Energy believes the special circumstance exists as described below.

Consumers Energy believes that the intent of 10 CFR 50, Appendix E, Section IV, Paragraph E.9, Items (a) through (d) is to periodically test communication links that may be needed during an emergency. These communication links are tested as specified under the rule. A communication link with Region Ill Operations Center is not needed. Therefore, requiring Palisades to comply with the requirement to test communications with the Region Ill Operations Center is not necessary to achieve the underlying purpose of the rule. The established communication link with the NRC during an emergency is with NRC Headquarters, not the Region Ill Operations Center.

The newly installed Emergency Notification System (ENS) phones throughout the nuclear industry connect directly to the NRC Headquarters, and not to the Regional Operations Centers.

In addition, the Region Ill Operations Center is not normally staffed to take monthly calls. No telephone number exists to call directly to the Region Ill Operations Center, so telephone calls would be taken by the Region Ill Switchboard who would route the call as needed during normal working hours. During off hours, weekends and holidays the call would be automatically routed to the NRC Headquarters Operations Center.

Conclusion On the basis of the information above, Consumers Energy believes that an exemption to 10 CFR 50.54(q) and 10 CFR 50, Appendix E to conduct monthly communication tests with the Region Ill Operations Center is justified.

ATTACHMENT 2 CONSUMERS ENERGY COMPANY PALISADES PLANT DOCKET 50-255 REQUEST FOR APPROVAL TO CHANGE THE SITE EMERGENCY PLAN 1 Page

REQUEST FOR APPROVAL TO CHANGE THE SITE EMERGENCY PLAN Description of Request Consumers Energy requests a change in the Palisades Site Emergency Plan (SEP),

Section 8, Paragraph 8.1.2. 7 which states "communications shall be tested monthly with the NRC headquarters and Region Ill Operations Center from the Control Room, Technical Support Center and near-site Emergency Operations Facility".

An exemption from the 10 CFR 50, Appendix E requirement to perform monthly communication tests to the Region Ill Operations Center from the Palisades Control Room, Technical Support Center, and the Emergency Operations Facility has been requested. NRC approval is requested to remove the SEP requirement to conduct monthly communications tests with the Region Ill Operations Center because this change could be interpreted as decreasing the effectiveness of the plan since the communication check will not be made once this change is approved. Proposed changes that decrease the effectiveness of the approved emergency plans must be submitted to and approved by the NRC per 10 CFR 50.54(q).

Bases for Approval of the SEP The Palisades Nuclear Plant believes that the intent of 10 CFR 50, Appendix E, Section IV, Paragraph E.9, Items (a) through (d) is to periodically test the communication links that would be used during a declared emergency. The established communication link with the NRC during an emergency is with NRC Headquarters, not the Region Ill Operations Center. The newly installed Emergency Notification System (ENS) phones throughout the nuclear industry connect directly to the NRC Headquarters, and not to the Regional Operations Centers. Consumers Energy believes that the intent of 10 CFR 50, Appendix E, is to periodically test communication links that may be needed during an emergency. These communication links are tested as specified under the rule. A communication link with Region Ill Operations Center would not be needed.

Therefore, requiring Palisades to comply with the requirement to test communications with the Region Ill Operations Center is not necessary to achieve the underlying purpose of the rule.

The Region Ill Operations Center is not normally staffed to take monthly calls. No telephone number exists to call directly to the Region Ill Operations Center, so telephone calls would be taken by the Region Ill Switchboard operator who would route the call as needed during normal working hours. During off hours, weekends and holidays the call would be automatically routed to the NRC Headquarters Operations Center.

Consumers Energy has reviewed the SEP change and concluded it is consistent with the common defense and security, and does not present an undue risk to the public health and safety.