ML20203L299

Requests Exemption from Requirement of 10CFR50,App E,Section IV.F.1 Re Full Participation Exercise of Emergency Plans within 1 Yr Prior to Issuance of Ol.Current Hearing Schedules May Delay Issuance of Full Power License

ML20203L299
Person / Time
Site:	Braidwood
Issue date:	08/22/1986
From:	Danni Smith COMMONWEALTH EDISON CO.
To:	Harold Denton Office of Nuclear Reactor Regulation
References
1992K, NUDOCS 8608260035
Download: ML20203L299 (3)

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- One Fwst Nemonal Plaza, Chca00, lHinois

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Address Reply to: Post Omco Box 767 Chcago,lHinois60600 0767 August 22,1986 Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Conunission Washington, D.C. 20555

Subject:

Braidwood Station Units 1 and 2 Emergency Plan Exercise NRC Docket Nos. 50-456 and 50-457

Dear Mr. Denton,

Conunonwealth Edison Company (CECO) hereby requests an exemption from the requirement of 10 CFR 50 Appendix E, Section IV.F.1, for "A full participation exercise which tests ... emergency plans ... within 1 year before the issuance of the first operating license for full power and prior to operation above 5% of rated power..." for the Braidwood Station.

The first full participation emergency preparedness exercise for Braidwood Station was conducted on November 6,1985. Conunonwealth Edison requests the exemption in the event that the full power license for Braidwood Unit 1 is not issued by November 6, 1986.

10 CFR 50.12(a) states that:

The Conunission may . . . grant exemptions from the requirements of the regulations of this part, which are -

(1) Authorized by law, will not present an undue risk to the public health and safety, and are consistent with the conunon defense and security.

The exemption in question is authorized by law. It is clearly within the Conunission's authority to grant an exemption to the provisions of 10CFR 50 Appendix E, Section IV.F.1. There will be no adverse effects on the conunon defense and security. As shown below in connection with special circu:nstance (ii), grant of the exemption will present no undue risk to public health and safety.

Section 50.12(a)(2) identifies six categories of special circumstances, one or more of which must be present for the conunission to consider granting an exemption. Three of these categories, (ii), (iii) and (v) apply to this request and are discussed below.

8608260035 860822 PDR ADOCK 05000456 F PDR I\ s o i

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1 (ii) 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.

The underlying purpose of Section IV.F.1 of Appendix E is understood to be the demonstration of the entire Emergency Response capability required by the plant's Emergency Plans near enough in time to the actual operation of the plant so that the maintenance of that capability is reasonably assured.

On April 30, 1986, FEMA issued interim findings which stated that "...there is reasonable assurance that the health and safety of the public can be protected in the event of an incident at the Braidwood Nuclear Power [ sic] Station."

Having demonstrated its Emergency Response capability to FEMA's satisfaction, Commonwealth Edison believes it can assure the maintenance of that capability. This belief is based upon the following considerations:

1. Braidwood Station completed a successful full participation emergency preparedness exercise on November 6, 1985 with the State of Illinois and Grundy, Kankakee and Will Counties.

2. There is an emergency preparedness exercise scheduled on March 18, 1987, for Braidwood Station. This exercise is currently planned to involve full participation by Grundy, Kankakee and Will Counties and at least partial participation by the State of Illinois. The State of Illinois successfully participated on a full participation basis in the April, 1986, cmergency

preparedness exercise for neighboring LaSalle County Station.

Additionally, the State of Illinois will be fully participating in the upcoming Federal Field Exercise scheduled for June, 1987, at our Zion Station.

3. The State of Illinois, along with Grundy and Will Counties (which comprise the majority of the Braidwood Station Emergency Planning Zone (EPZ)), have received from FEMA an unconditional 44 CFR 350 approval for their radiological emergency plans in support of Dresden Station.

4. Since the 1985 Braidwood Station emergency preparedness i exercise, CECO has conducted four additional, successful emergency preparedness exercises including two in which the 4

State of Illinois also participated. Additionally, Braidwood Station has conducted to date seventeen emergency preparedness drills, including drills in the areas of: communications, health physics, medical and environmental monitoring. Another twelve emergency drills are scheduled prior to the March 1987 exercise.

(iii) Compliance would result in undue hardship or other costs that are significantly in excess of those contemplated when the regulation was adopted.

I or that are sinnificantly in excess of those incurred by others s_imilarly situated;Section IV.F.1 of Appendix E clearly contemplated only one full participation emergency planning exercise prior to the issuance of a full

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. . o 3 power license. During the extensive planning and preparation for the November 6, 1985, exercise and for a period of time after the exercise was completed, CECO expected that Braidwood would obtain its full power license in the summer of 1986. Since then, circumstances, which include significant demands by the Licensing Hearings for project resources, have dictated a change in fuel load date from April, 1986, to September 30, 1986. While the current fuel load date is achievable, current projections of hearing schedules indicate that the one-year time period will likely elapse before a full power license issues.

Conducting a second full participation exercise will cause significant unanticipated increases in coct, particularly to the local authorities involved. Given the measures already in place to assure maintenance of emergency preparedness capability at Braidwood Station, no commenserate safety benefits would result from conducting a second full participation exercise.

(v) The exemption would provide only temporary relief from the applicable regulation and the licensee or applicant has made good faith efforts to comply with the regulation:

current schedule anticipates that Braidwood Station could complete all testing below 5% power and be ready for a full power license by January, 1987. Current Hearing schedules create the possibility that the full power license may be delayed, thus creating a need for temporary relief on the order of several months. Given that there is an Emergency preparedness Exercise currently scheduled for March, 1986, this period of relief is limited. CECO l conducted the November 6, 1985 exercise in the good faith belief that it would be occurring at a prudent interval before the expected license issue to provide time for the agencies involved to conduct their reviews and

, evaluations in support of that license. As of that time, the extent of expansion of the hearings and the effect on the schedule for licensing could not have been fully anticipated. Despite good faith efforts to complete the plant and conclude the licensing process, the one-year period is likely to be ,

exceeded.

For the foregoing reasons, the requested exemption meets the criteria of 10CFR 50.12 and should be granted.

i i Please address any comments or questions that you or your staff may have regarding this matter to this office.

Very truly yours,)

David H. Smith Nuclear Licensing Administrator cc: W. Snell, RIII 4 T. J. Ploski, RIII NRC Resident Inspector - Braidwood 1992K 1

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