ML20069Q639

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Exemption from Requirements of 10CFR50,App E,Paragraph Iv.F. 2 Which Allows WCNOC to Delay Scheduled 1994 EP Exercise Until Early 1995
ML20069Q639
Person / Time
Site: Wolf Creek Wolf Creek Nuclear Operating Corporation icon.png
Issue date: 06/23/1994
From: Roe J
Office of Nuclear Reactor Regulation
To:
WOLF CREEK NUCLEAR OPERATING CORP.
Shared Package
ML20069Q642 List:
References
NUDOCS 9406280076
Download: ML20069Q639 (5)


Text

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7590-01 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION in the Matter of

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WOLF CREEK NUCLEAR OPERATING CORPORATION )

Docket No. 50-482

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(Wolf Creek Generating Station, Unit 1)

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EXEMPTION 1.

On June 4,1985, the Commission issued Facility Operating License No.

NPF-42 to Wolf Creek Nuclear Operating Corporation (the licensee) for Wolf treek Generating Station, Unit 1.

The license provides, among other things, that it is subject to all rules, regulations, and orders of the Nuclear Regulatory Commission (the Commission) now and hereafter in effect.

11.

Section 50.54(q) of 10 CFR Part 50 requires a licensee authorized to operate a nuclear power plant to follow and maintain in effect emergency plans which meet the standards of 10 CFR 50.47(b) and the requirements of Appendix E to 10 Cf R Part 50.

The subject exemption is from the requirement of Section IV.f.2 of Appendix E to 10 CFR Part 50 which requires each licensee at each site to annually exercise its emcrgency plan.

The NRC may grant exo:.iptions from the requirements of the regulations.

pursuant to 10 CFR 50.12, that (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) present special circumstances.

Section 50.12(a)(2) of 10 CFR Part 50 describes special circumstances as 9406280076 940623 PDR ADOCK 050004B2 P

PlHt,

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i including cases that provide only temporary relief f rom the applicable I

i regulation when the licensee has made good faith efforts to comply with the regulation.

III.

By letter dated March 8, 1994, the licensee requested a one-time exemption from the raquirements to conduct an annual exercise of the Wolf treek emergency plan pursuant to Section IV.f.2 of Appendix E to 10 CFR Part 50.

The licensee had planned to conduct the 1994 annual radiological erergency response plan exercise on June 29, 1994.

Full participation with the State of Kansas and affected counties was not required during the 1994 t

exercise.

The previous emergency preparedness exercise for Wolf Creek Generating Station was conducted in December 1993.

The licensee requested an exempt ton in order to allow for the approval and implementation of revised emergency c lassificat ion criteria and to avoid conflict with the seventh ref ueling outage. currently scheduled to begin in September 1994, lhe proposed exemption would not affect the requirement to conduct the normally scheduled 1995 annual exercise.

The proposed exemption provides only temporary relief to delay the annual exercise in order to afford the licensee an opportunity to implement 1

revised emergency classification procedures and avoid conflict with a scheduled refueling outage.

The exercise has been tentatively rescheduled for lebruary 1995 which would result in an approximate fourteen month interval between the 1993 and rescheduled 1994 exercises.

Section 50.47(a)(4) of 10 CFR Part 50 and Section IV.B of Appendix E to f

10 CfR Part 50 require an emergency classificatica and action level scheme for i

f

' use by licensees and government response organizations.

Regulatory Guide 1.101, " Emergency Planning and Preparedness for Nuclear Power Reactors,"

Revision 3, August 1992, accepted guidance contained in NUMARC/NESP-007 (Revision 2, January 1992), " Methodology for Development of Emergency Action I

levels" as an alternatiee to NUREG-0654/FEP-REP-1, " Criteria for Preparation

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[

and Evaluation of Radiological Response Plans and Preparedness in Support of l

s Nuclear Power Plants" for the preparation of emergency action levels.

By l

l letter dated December 15, 1993, the licensee requested NRC review and approval of raised emergency action levels developed using the guidance of I

NUMARC/NESP-007.

The proposed exemption was requested, in part, to l

accommodate the transition to the revised emergency action levels.

The l

transition period includes time for NRC review and training of licensee per:.r.nnel on the revised emergency action levels.

Conducting an emergency f

ext rcise prior to the implementation of the revised emergency action levels l

would significantly reduce potential benefits since important emergency classification procedures would be superseded shortly after the exercise.

I Scheduling the exercise for the latter portions of 1994, following implementation of the revised emergency actions levels, results in a conflict i

with the planning and execution of the seventh refueling outage, currently l

scheduled to begin in September 1994.

Both activities, the exercise and refueling outage, are resource intensive and require focused management i

I attention.

Therefore, it is undesirable to schedule them for the same time j

period.

The proposed exemption would result in an interval between exercises of approximately fourteen months. Although slightly longer than the twelve month period specified by the regulations, the proposed interval adequately s

, s addresses the underlying purpose of the rule regarding periodic exercises.

In addition to the December 1993 exercise, the licensee conducts smaller scale emergency plan drills and has stated that emergency response team members will participate in such a drill during the first half of 1994.

These activities t

ensure that licensee personnel and equipment remain capable of responding during an emergency.

i On this basis, the NRC staff finds that the licensee has demonstrated that special circumstances are present as required by 10 CFR 50.12(a)(2).

Further the staff also finds that a delay in the 1994 exercise until early in i

1995 will not present an undue risk to the public health and safety.

IV.

Accordingly, the Commission has determined pursuant to 10 CFR 50 12, this exemption is authorized by law and will not endanger life or property or the common defense and security and is otherwise in the public interest.

Therefore, the Commission hereby grants Wolf Creek Nuclear Operating Corporation an exemption from the requirements of 10 CFR 50, Appendix E, Paragraph IV.F.2.

Pursuant to 10 CFR 51.32, the Commission has determined that the granting of this exemption will have no significant impact on the environment (59 FR 27076).

FOR THE NUCLEAR REGULATORY COMMISSION db Jack W. Roe, Director Division of Reactor Projects Ill/IV Office of Nuclear. Reactor Regulation Dated at Rockville, Maryland this 23rd day of June 1994

1 DISTRIBUTION Docket File PD4-2 Reading EPeyton WReckley j

June 24, 1994 DOCKET NO.

50-482 MEMORANDUM TO:

Rules Review and Directives Branch Division of Freedom of Information and Publications Services Office of Administration FROM:

Office of Nuclear Reactor Regulation

SUBJECT:

WOLF CREEK GENERATING STATION One signed original of the federalRegister Notice identified below is attached for your transmittal to the Office of the Federal Register for publication. Additional conformed copies (

) of the Notice are enclosed for your use.

Notice of Receipt of Application for Construction Permit (s) and Operating License (s).

Notice of Receipt of Partial Application for Construction Permit (s) and Facility License (s):

Time for submission of Views on Antitrust matters.

Notice of Consideration of issuance of Amendment to Facility Operating License. (Call with 30-day insert date).

[ Notice of Receipt of Application for Facility License (s); Notice of Availability of Applicant's Environmental Report; and Notice of Cons:deration of Issuance of Facility License (s) and Notice of Opportunity for Hearing.

Notice of Availability of NRC Draft / Final Environmental Statement.

Notice of Limited Work Authorization.

Notice of Availability of Safety Evaluation Report.

Notice of issuance of Construction Permit (s).

Notice of Issuance of Facility Operating License (s) or Amendment (s).

C Order.

[ Exemption.

Notice of Granting Exemption.

Environmental Assessment.

Notice of Preparation of Environmental Assessment.

Receipt of Petition for Director's Decision Under 10 CFR 2.206.

l

[ Issuance of Final Director's Decision Under 10 CFR 2.206.

Other:

Office of Nuclear Reactor Regulation Attachment (s): As stated

Contact:

P. Kleene Telephone:

%W2 DOCUMENT NAME:

To retewe e copy of this docuenent Indmete en the box:

  • C" = Copy without ettschmentlenclosure
  • E* = Copy with attachment / enclosure
  • N' = No copy OFHCE

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