ML20058G021
| ML20058G021 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 10/23/1990 |
| From: | Varga S Office of Nuclear Reactor Regulation |
| To: | NORTHEAST NUCLEAR ENERGY CO. |
| Shared Package | |
| ML20058G019 | List: |
| References | |
| NUDOCS 9011090301 | |
| Download: ML20058G021 (7) | |
Text
_
..gm UNITED STATES OF AMERICA NUCLEAR REGULATORY COM IS$10N In the Matter of
)
)
NORTHEAST NUCLEAR ENERGY COMPANY
)
Dockst Nos. 50-245
)
50-336 (Millstone Nuclear Power Station.
)
50-423 Unit Nos. 1, 2 and 3)
)
EJEMPTION I.
Northeast Nuclear Energy Company (NNECO or the licensee) is the holder of Facility Operating License Nos. DPR-21, DPR-65 and NPF-49 which authorize 5
operation of Millstone Nuclear Power Station, Unit Nos.1, 2 and 3 (Millstone) at steady-state reactor power levels not in excess of 2011 W(t), 2560 W(t),
and 3411 W(t), respectively.
The licenses provide, among other things, that the licensee is subject to all rules, regulations and Orders of the Nuclear.
Regulatory Commission (the Commission or NRC) now or hereafter in effect.
The facilities consist of a boiling water reactor and two pressurized water reactors located at the licensee's site in New London County, Connecticut.
II.
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 a
Appendix E to 10 CFR Part 50.
Section IV.F.3 of Appendix E requires that each l
licensee at each site shall exercise with offsite authorities such that the State and local government emergency plans for each operating reactor site are a
exercised biennially, with full or partial participation by State and local governments, within the plume exposure pathway emergency planning zone (EPZ).
L 9011090301 901023
~
PDR ADOCK 05000245 F
PNV
.The NRC may grant exemptions from the requirements of the regulations which, pursuant to 10 CFR 50.12(a), are (1) authorized by law, will not present undue risk to the public health and safety, and are consistent with the common defense and security; and (2) present special circumstances.
Section 10 CFR 50.12(a)(2)(v) indicates that special circumstances exist when an exemption would provide only temporary relief from the applicable regulation
.l and the licensee has made good faith efforts to comply with the regulation.
l H.
l III.
t By letter dated April 18, 1990, the licensee requested an exemption from the schedular requirements of Section IV.F.3 of Appendix E to perform a biennial l,
full participation emergency exercise for the Millstone Nuclear Power Station.
Additional information concerning the exemption request was provided by the j
licensee in a letter dated August 1, 1990.
The last full participation biennial emergency preparedness exercise for the Millstone Nuclear Power Station l
L was conducted on November 16, 1988.
The licensee requested that the upcoming 1;
L full participation exercise, originally scheduled for December 1990, be rescheduled for October 1991.
All future biennial exercises for Millstone would be conducted on a schedule based on the date the rescheduled exercise is b'
p performed.
The special circumstances for the licensee's request results from the i
unavailablility of Federal Emergency Management Agency (FEMA) persor.41 who l
.would be responsible.for. evaluating the offsite aspects of the exercise.
Moreover, the licensee states that the granting of this request would alleviate schedular and budgetary constraints imposed on the State of Connecticut H
and local agencies by the current schedule that requires two full participation i.
^
\\
i
.m
. j exercises in one year (Haddam Neck Plant and Millstone) which typically occur within six months of each other.
If the exemption is granted Haddam Neck Plant and Millstone Nuclear Power Station would have their full participation emergency exercises on alternate years.
The licensee has provided a letter of support for this requent from the State of Connecticut's Office of Emergency Management, dated July 23, 1990.
The licensee states that local officials have expressed similar support.
By l
a July 30, 1990 letter to the NRC, the Federal Emergency Management Agency i
i (FEMA) supports the schedular change for the Millstone Nuclear Power Station.
The July 30, 1990 letter from FEMA to the NRC, granting an exemption from i
FEMA's schedular requirements in 44 CFR 350.9(c), FEMA states:
"The proposed schedule change results in no adverse public health and safety imoiications.
Millstone and the State of Connecticut have conducted numerous successful exercises since
'1982.
The State of Connecticut also exercises its offsite emergency response plans with the Connecticut Yankee (Haddam Neck) l Nuclear Power Plant on the.same biennial cycle as Millstone.
- Thus, i
the State's emergency response organization.is exercised twice as
- often as required.
This organization was last exercised on May 19 1990, at Haddam Neck with.no deficiencies resulting.
Granting l
NNECO's request for an exemption from the 1990 Millstone exerr.ise until 1991 would allow for annual exercising of the State of Connecticut's plans and promote easier planning for the NRC, FEMA, NNECO, Connecticut Yankee Atomic Power Company, and the: State of l
The next full participation exercise for Millstone p
would be conducted in October 1991."
1 The last full participation exercise for the Millstone. Nuclear Power Station..the State of Connecticut, and local communities was conducted on November 16.<1988.
FEMA identified one deficiency.
That deficiency, which related to reception centers, has since been corrected in a remedial exercise l
. conducted on April 23,.1989.
Twenty-one areas requiring corrective action were also identified by FEMA in the November 16, 1988 esercise.
By a letter k
y
4 i
i dated May 11, 1990 FEMA notified the NRC that based on corrective actions already taken, the radiological emergency preparedness at Millstone was L
considered adequese to provide reasonable assurance that appropriate measures can be taken offs.ite to protect the health and safety of the public.
l Currently, full participation exercises for the State of Connecticut occur I
twice on even years.
The current exercise cycle has been in place only since 1985, when Hurricane Gloria postponed the scheduled Millstone exercise to 1986.
The State of Connecticut's Office of Emergency Management, in a July 23, 1990 letter to the licensee, states that the current schedule strains its financial l
and staff resources.
It is further stated in this letter that this schedular I
change would improve the leve' of State preparedness by allowing a more efficient L
training program to be administered at the State and local itvels.
l The licenses further states that it intends to offer the State and local 1
communities the opportunity to participate in the December 1990 Millstone
. partial participation exercise for training purposes.
It is stated that normally, the State and local communities do participate in the partial participation exercises.
J.
The logistical and resource utilization difficulties created for the licensee and the State and local communities by the current exercise schedule, would be alleviated by the revised schedule and all. participating entities r
could allocate their resources more efficiently.
The NRC has determined that the onsite emergency preparedness capability i
.is> satisfactory through the observation of annual onsite exercises and routine inspections.. Furthermore, NRC has granted a Category 1 Systematic Assessment of Licensee Performance (SALP) rating in emergency response to Millstone since
\\
h 1983.
i i
w
. m.
m m
mu-..
3 w-
u' k,
a
- o Iy, J
Based on a consideration of tha facts presented in Section III above and as. requested by the licensee, the NRC staff finds that the following factors support the granting of the requested exemption:
a.
The revised schedule would alleviate logistical and resource difficulties for all! entities involved in full participation exercises at both Millstone and 'Haddam Neck which currently are conducted in the same year.
1 b.
The State of Connecticut participated in a FEMA evaluated exercise at the Haddam Neck plant in May 1990, c,
.The!11censee'will conduct a partial participation exercise in December 1990 at Millstone.. The State of Connecticut and local-communities can, if they wish for training purposes, participate in the December 1990
- exercise.
d..-
FEMA a'nd the State of Connecticut support the revised' schedule.
FEMA 7
grante'dLan exemption to.its schedular requirements in.a letter dated July 30, 1990..
'e.-
FEMA.has determined that'the state of offsite emergency preparedness'for s
Millstone'is adequate.
t
.a-f.
-The. licensee h'as maintained an acceptable level of onsite emergency.
preparedness.
1 x
x-
.k g.
The licensee has made a-good faith effort to comply with the regulations 4
by conducting the required full participation exercises at Millstone with State and local government agencies. The licensee has taken into
, consideration the varf ous concerns of FEMA State and local government agencies in rescheduling the Millstone exercise. All affected parties support the-proposed exercise schedule change.
V.
For these reasons, the Commission has determined that, pursuant to 10 CFR 50.12. (1) the Exemption requested by the licensee's letters dated April 18, and August 1,1990, is authorized by law, will not present an undue ^
risk to-the public health and and safety, and is. consistent with the common-defense and security, and (2) special circumstances are present as described
'above.-
Accordingly, the Comission hereby approves the following exemption:
"The Millstone Nuclear Power Station. Unit Nos. 1, 2 and 3, are
. exempt from the requirements of 10 CFR 50, Appendix E.Section IV.F.3; for the-conduct of a biennial offsite full participation emergency preparedness-exercise in' calendar-year 1990, provided that-such an exercise be conducted in calendar year 1991."
' This -Exemption will remain in effect unless and until revoked by the Comission. -
Pursuant'to 10 CFR 51.32, the Commission has previously detemined that the granting of this' Exemption will have.no significant impact on the environment (55FR46113).-
,, g.
~.r...
7 n
t, This: Exemption is effective upon issuance.
FOR THE NUCLEAR REGULATORY COMISSION
\\
D di en A.
- rga, irec i
Division of Reactor Pro; ts - I/II t:
Office of Nuclear Reactor Regulation Dated at Rockville, Maryland, this October 23, 1990 b
l !'
)
13
-l w
1