ML20055H756

Requests Exemption from Performing Annual Exercise of Emergency Plan,Activation of Alert & Notification Sys & Distribution of Public Info Brochures,Per 10CFR50.12 Requirements

ML20055H756
Person / Time
Site:	Rancho Seco
Issue date:	07/24/1990
From:	Keuter D SACRAMENTO MUNICIPAL UTILITY DISTRICT
To:	NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
References
RTR-NUREG-0654, RTR-NUREG-654 AGM-NUC-90-209, TAC-75520, NUDOCS 9007300019
Download: ML20055H756 (6)

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$8 MUD SA.;RAMENTo MUNICIPAL UTILITY DIS 1RICT D 0201 S Street. P.o. Box 15830. Sacramento CA 95852-1830.(916) 452 3211 AN ELECThlC SYSTEM SERVING THE HEART OF CALIFORNIA AGM/NUC 90-209 July 24, 1990 U. S Nuclear Pegulatory Commission Attn: Document %ntrol Desk Hashington, DC 21555 Docket No. 50-312 Rancho Seco Nuclear Ger.erating Station License No. OPR-54 EXEHPTION FROM PERFORMING AN ANNUAL EXERCISE OF THE EMERGENCY PLAN, ACTIVATION OF ALERT AND N0*f*1 CATION SYSTEM, AND DISTRIBUTION OF PUBLIC INFORMATION BROCHURES

References:

1.

D. Keuter (SMUD) to J. Larkins (NRC) letter AGM/NUC 90-130, dated April 30, 1990, Proposed Amendment No. 182, Revisicn 1 2.

D. Keuter (SMUD) to J. Larkins (NRC) letter AGM/NUC 90-120, dated April 26, 1990, Long Term Defueled Condition Emergency Plan 3.

NRC to D. Keuter (SMUD) letter dated May 16, 1990, Exemption Related To 10 CFR 55 - P.equirements For Simulation Facility And simulator Training (TAC No. 75520) 4.

NRC to D. Keuter (SMUD) letter dated January 2, 1990, NRC Inspection Attention:

John Larkins The purpose of this letter is to request an exemption pursuant to 10 CFR 50.12 from the following emergency preparedness requirements:

10 CFR 50.47(b)(14) and 10 CFR 50, and Appendix E, IV. Section F,

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" Training," paragraphs 1 through 3(f) and NUREG-0654 " Criteria for Preparation and Evaluation of Radiological Ec'ergency Response Plans and Preparedness in Support of Nuclear Power Plants," Sections II.N.l.a. and II.N.l.b. requiring an annual exercise and mobil 12ation of emergency preparedness plans and organizations.

10 CFR 50.47(b)(5) as implemented by FEMA REP-10 " Guide for the Evaluation of Alert and Notification Systems for Nuclear Power Plants" requiring annual activation of the alert and notification lj l system.

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roc RANCHO SECO NUCLEAR GENERATING STATION O 1444o Twin C oes Road. Herald. C A 95638-9799;(209) 333 2935 "y

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AGM/NUC 90-209.

5 10 CFR 50.47(b)(7) and 10 CFR 50 Appendix E, IV. Section D,.

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" Notification Procedures," paragraph.2 and NUREG-0654, Sections II.G.1 and II.G.2 requiring distribution.of public information (brochures).

In lieu of the annual exercise, the District will perform communications c

drills.

The scope of the drills will include the annual communication drill necessary to ensure that State and local authorities are notified in a timely 1

manner and provided updated information, as appropriate. Given the limited postulated accidents as described in Reference 3, the District believes that a

.these drills are sufficient to meet the emergency preparedness-requirements

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for a facility permanently shutdown and in the defueled condition.

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The District requests an exemption from the requirements for full F

participation of State and local agencies during the annual exercise.

Full participation-would' require the mobilization of large numbers of individuals L

from offsite agencies using the alert and notification system, as well as the distribution of public information brochures.

' Attachment 1 provides the bases for.the District's request for an exemption r

from the emergency preparedness requirements listed above.

5 Members of your staff requiring additional information may contact Jerry Delezenskt at (209) 333-2935, extension 4914.

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' State of California SS County of: Sacramento

? Dan R. Keuter, being first duly sworn, deposes and says:

that he is Assistant.

General Manager, Nuclear of Sacramento Municipal Utility District (SHUD), the li:censee herein; that he has executed the foregoing document; that the statemeTits'rade in this document are true and correct to the best of his

. knowledge,-informat!on, and belief, and that he'is authorized to execute this document on behalf of said licensee.

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j Dan R. Keuter

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Asshtant General Manager Nuclear Subicribed and affirmed to before me on this b day,of b k/4

, 1990.

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D M RB W NER Debbie Brenner l2 b Y O Notary Public e

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ATTACHMENT 1 i*

EXEMPTION REQUEST-10.CFR 50.47(b)(14)'.and 10 CFR 50, and Appendix E. IV. Section F,

" Training," paragraphs 1 through 3(f) and NUREG-0654 " Criteria for Preparation and Evaluation of Radiological Emergency Response Plans and PreparednessLin' Support of Nuclear Power Plants," Sections II.N.1.a and-II.N.1.b.

10 CFR 50.47(b)(5) as implemented by FEMA REP-10." Guide for the-

. Evaluation of Alert and Notification Systems for Nuclear Power-Plants" t

10 CFR 50.47(b)(7) and 10 CFR 50 Appendix E IV..Section D, " Notification Procedures," paragraph 2 and )l0 REG-0654, Sections II.G.1 and II.G.2 liG& tory Reauirerrents 10 CFR 50.47(b)(14) and 10 CFR 50, Appendix E, Section F " Training,"

paragraphs 1 through 3(f) and NUREG-0654, Sections II.N.1.a. and II.N.l.b.

provide the requirements for exercise participation by the Emergency Response Organizations-(ERO) of the licensee and appropriate State and local agencies to the extent as is reasonably achievable.

These regulations:also provide the requirements for the level of participation in each offsite exercise.

'10 CFR 50.47(b)(5) as implemented by Planning Standard E in NUREG-0654/ FEMA-REP-10' establish the requirements for notification by the licensee of State and local ER0s and the notification of emergency personnel

.by:a11' response organizations as a means to provide early notification and' clear instruction to the populace within the plume exposure pathway.

10 CFR 50.47(b)(7) and 10 CFR 50 Appendix E Section D " Notification Procedures," paragraph 2 and NUREG-0654, Sections II.G.1 and TI.G.2 establish

.the requirements for periodic' dissemination to the public within the plume exposure pathway Emergency Planning Zone (EPZ) of. basic emergency planning informatica that would be helpful in the event of a radiological accident at o

Rancho Seco.

y The NRC promulgated the regulations contained in Part 50 on the potential radiological hazards to the public associated with the operation of facilities licensed under 10 CFR'Part 50. Appendix E establishes the minimum requirements for emergency plans for use in attaining an acceptable state of

' emergency preparedness and thereby provides adequate assurance to protect the U:

• public health and safety.

m Additionr.lly, on September 23, 1988, the Commission published Statements Of K

Consideration from!S3 FR 36955 amending its regulations to establish more clearly what emergency planning and preparedness requirements are needed for fuel loading and low-power testing of nuclear power plants, which applies as well to a defueled reactor.

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C Exemotion Reauested.

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?The District requests an exemption frc~ the following emergency preparedness l'

requirements:

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110 CFR 50.47(b)(14) and 10 CFR 50, and Appendix E. IV. Section F.

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" Training" paragraphs 1 through 3(f) and NUREG-0654 " Criteria for Preparation and Evaluation of Radiological Emergency Response Plans

=and Preparedness in Support of Nuclear Power Plants," Sections 1

II.N.1.a. and II.N.1.b:: requiring State.and local participation in

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the annual exercise.

e' 110 CFR 50.47(b)(5) as implemented by FEMA REP-10 "C"

'or the-Evaluation of Alert and Notification Systems for Nt Power

' t Plants" requiring annual activation of the alert ant

...fication system.

~10 CFR 50.47(b)(7) and'10 CFR'50 Appendir E, IV..Section D,

" Notification Procedures" paragraph 2 and NUREG-0654, Sections

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II.G.1 and II.G.2 requiring distribution of information brochures to

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the public within.'

plume exposure pathway.EPZ.

Rancho Seco is permanently shutdown and completely defueled; therefore, the L

potential for postulated accidents are much less than those considered when

-the NRC promulgated the emergency preparedness regulations.

.j The Statements Of' Consideration regarding " Emergency Planning and

Preparedness Requirements for Nuclear Power Plant Fuel Loading and Low-Power L

Testing" more clearly define-the= application of requirements for a defueled E

facility, and state that the primary goal of emergency pianning and p

preoaredness is for dealing with accidents that could affect persons onsite.

The District agrees with the Commission's statement that the licensee provide L

onsite personne1~for mitigating and containing accidents and keeping offsite agencies informed of-plant events. Therefore, the District will perform l

communications drills'to ensure that information is provided to the offsite

. emergency organizations but without the activation of the offsite agencies for par ticipation in lan annual exercise.

Information communicated to offsite e

agencies would typically not' require the activation of the alert ud notification system or distribution of information. However, these drills will include the communications necessary to ensure State. and local authorities are notified in a timely manner and updated as appropriate.

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The District successfully passed the 1989 annual exercise, and, as cited by Reference 4,

... demonstrated the'llcensee's ability to adequately respond to aa emergency at the facility and to protect the public's health and safety.

No deficiencies, violations of NRC requirements, or exercise weaknesses-were identified."

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The District contends that the results of this exercise provide assurance of emergency preparedness of both the onsite and offsite organizations based on an operating plant's emergency program. - Activation of the-alert and notification system or distribution of information for full State.and local i

participation is not required for a shutdown. defueled facility.

Since-the last exercise, the District has prepared and submitted the Long Term Defueled-Condition Emergency Plan (Reference 3) and the Long Term Defueled s

Technical Specifications, Proposed Amendment No.18', Revision 1 (Reference 1).

These submittals, as well as the supporting dose calculations, describe the defueled status of Rancho Seco.

Reference 3 acknowledges that there are no postulated design basis accidents with~all fuel removed from the reactor and placed in long term storage. These-submittals,' supported by District calculations, conclude that plume exposure

-Protective Action Guidelines (PAGs) will not be exceeded for any postulated

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event at Rancho Seco in'the defueled condition.

State and local agencies have reviewed this dumentation and have found them to be acceptable.

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Exemotion Criteria 10 CFR 50.12 " Specific Exemptions" describes the criteria for exemptions from-

the requirements of 10 CFR 50.

The~NRC may grant exemptions from Part 50 i

regulations if special circumstances ars present and an undue risk will not be presented to thc public health and safety.

In the discussion below the Distrir.t will address the following exemption criteria of 10 CFR 50.12(a)(2):

(ii)

Application of:the regulation in the particular circumstances L

would not serve the underlying purpose of the rule or is not I

necessary to achieve the underlying purpose of the rule; (iii)

Compliance would result in undue hardship or other costs that are significantly in excess of those contemplated when the rule was' adopted...;

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Basis for Exemotion cBecause of a public vote on lune 6, 1989, the District shutdown the Rancho Seco Nuclear Generating Station and completed defueling operations on December 8. 1989. As cited in Reference 1 and discussed in the granting of v

L partial exemption from 10 CFR 55 (Reference 3), there are no longer any l

credible design basis accidents except loss of offsite power and a fuel handling accident.

The permanently defueled condition, combined with administrative control, result in the minimum movement of fuel and thereby L

.further reduce the possibility of an accident.

Moreover, the NRC has issued a L

confirmatory order modifying the Rancho Seco license to prohibit the movement of fuel from the Spent Fuel Pool into the Reactor Building without prior Commission approval.

-The requirements for 10 CFR 50.47 and Appendix E were predicated upon the need l

-to ensure that the spectrum of postulated accidents from power operations

.would not endanger public health and safety by exceeding the requirements of

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10lCFR 100,.Because. Rancho Seco is no longer capable'of an accident i

comparable to;10 CFR-100-requirements, literal compliance with 10 CFR 50,

. Appendix E. Section F, " Training," paragraphs 1 through 3(f) and NUREG-06b.

Sections II.N l.a. ~and II.N.1.b. would not serve the underlying purpose of the

. rule.when the rule.was promulgated.

s Additionally. comp 11ance with. Planning Standard E in NUREG-0654/ FEMA-REP-10 for notification by the licensee,10 CFR 50 Appendix E Section D, e " Notification Procedures," paragraph 2, and.NUREG-0654, Sections II.G.1 and II'.G 2., would not serve the underlying purpose of the rule when the rule was promulgated because Rancho Seco is no longer capable of accidents comparable to 10 CFR 100 requirements (10 CFR 50.12(a)(2)(ii)).

The' requirements for alert and notification were predicated upon the need to ensure that.the spectrum of postulated accidents from power operations would not-endanger public health and safety by exceeding the requirements of 10 CFR:

100; therefore, literal compliance with the requirements for activation of the alert cnd notification system and distribution of information (brochures) would result in undue hardship and costs that are significantly in excess of those contemplated when the rule was adopted (10 'ti 50.12(a)(2)(iii)) for a plant in a permanently defueled condition.

Because of the preparatory work and pre-notificat1R. iequired for activation of the alert and notification system, the District believes that the amount of activity required to notify personnel, distribute emergency notification

'information, including broadcasting costs, are significant for a facility permanently shutdown, defueled, and not capable of exceeding 10 CFR Part 100

. requirements.

10 CFR-50.47(a)(1) states in part, "... reasonable assurance that adequate protective measures can and will be taken in the event of a radiological' emergency" clearly-indicate the protection measures necessary are directly dependant on the nature of the radiological emergencies credible at a given t

facility. : As described by "Part 50 - Statements of Consideration," it is perspicuous that the Commission did not intend the same level of emergency preparedness to be applied to a reactor undergoing fuel loading and low-power testing as for a reactor licensed for full power operation.

Likewise, it is prudent to assume that the Commission, in contemplating the regulations, did i

I' not intend to apply the full requirements for offsite participation in

' exercises when the capability for accidents resulting in potential offsite radiological hazards have been obviated.- The full spectrum of analyzed

? accidents and consequences of those accidents have been evaluated in References.1'and 3; therefore, the NRC should grant the District an exemption h

from the-above requested emergency preparedness requirements and allow the H

District ~to exclude State and local agency participation in an annual exercise.

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. Additionally, State and local agencies, as well as FEMA, have recognized that, l

-given-the defueled condition of Rancho Seco, full activation of the ERO l(requirtN the mobilization of a large number of individuais from offsite agenc46, and activation of the alert and notifica:lon system to support an

. arn t J.xercise is not appropriate for the spectrum of postulated accidents anciatu' with a defueled plant.

The District believes that these conditions L.

. ave ob-lated the need to perform the annual exercise and to initiate f

utW son of the alert and notification system.

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