ML20216H861
| ML20216H861 | |
| Person / Time | |
|---|---|
| Site: | Monticello  |
| Issue date: | 09/10/1997 |
| From: | Miraglia F NRC (Affiliation Not Assigned) |
| To: | NORTHERN STATES POWER CO. |
| Shared Package | |
| ML20216H866 | List: |
| References | |
| NUDOCS 9709170088 | |
| Download: ML20216H861 (5) | |
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- 7390-01-P UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
- In the Matter of
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Northem States Power Company
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Docket No. 50-263
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(Monticello Nuclear Gen 6 rating Plant)
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EXEMPTION l.
Northem States Power Company (the licensee) is the nolder of Facility Operating License No. DPR 22 which authorizes operation of the Monticello Nuclear Geneisting Plant.
The Monticello facility is a boiling water reactor located at the licensee's site in Wright County, Minnesota. The license provides, among other things, that the facility is subject to all rules, regulations, and orders of the Commission now or hereafter in effect.
II.
Pursuant to 10 CFR 50.12(a), " Specific exemptions," the Commission may grant
- exemptions from the requirements of the regulations of this part (1) which 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) where special circumstances are present.
Section 50.54(q) of 10 CFR Part 50 requires a licensee authorized to operate a nucletir power reactor to follow and maintain in effect emergency plans that meet the standards of 10 CFR 50.47(b) and the requirements of Appendix E to 10 CFR Part 50.
Section IV.F.2.c of Appendix E requires that offsite plane for each site shall be exercised biennially with full participation by each offsite authority having a role under the plan.
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In a letter dated August 18,1997, the licensee requested a one-time exemption from the requirements of Section IV.F.2.c of Appendix E to 10 CFR Part 50 to exercise Monticello Nuclear Generating Plant's offsite emergency preparedness (EP) plans with State and local govemment authorities within the plant's plume exposure pathway emergency planning zone (EPZ). The licensee requested this on> time exemption in support of the State of Minnesota's request for relief from the Federal Emergency Management Agency (FEMA) requirements in 44 CFR Part 350 to biennially exercise offsite EP plans. The State and local counties requt'sted relief from FEMA requirements (in accordance with Section 350.9.c of 44 CFR Part 350) due to the hardships caused by recent natural disasters, in a letter dated August 12,1997, to FEMA Region V, the State of Minnesota provided the following i
justification for its relief request:
The Minnesota Division of Emergency Management (DEM) and other State agencies are in various phases of seven Presidential Declarations of Major Disasters within the last 2 years. The State experienced record cold, crippling snowfall, and the worst floods in its history. Thousands of State, local, and Federal emergency responders were activated. In July 1997, a string of severe storms brought high speed straight line winds, tomadoes, and more flooding to central Minnesota. DEM continues to have 42 percent of its staff assigned to these natural disasters.
Sherbume and Wright counties (the counties within the plume exposure EPZ) are still conducting damage assessment for their third Presidential Declaration in the last 8 months. Personnel responsible for coordinating the radiological response plan
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. implementation in the upcoming exercise are still in the midst of clean-up, restoration, recovery, and human services activities.
. The State has a good record of exercise performence and has not received an exercise deficiency since 1991. Neither county has ever received an exercise deficiency.
Minnesyn raceived numerous accolades frcm FEMA for the effective and efficient way in which it responded to these natural disasters. The State and county drew upon the planning and exercise experiences from the last 15 years in radiological EP and feel that the actual use of plans and procedures was far more valuable than an exercise.
As stated in 10 CFR 50.47, the NRC bases its finding on the adequacy of offsite EP on FEMA's assessment, in a letter dated August 21,1997, FEMA notified the NRC that it has determined that granting this relief will have no undue risk on public safety. Since the licensee intends to perfonn the onsite pc rtion of the 1997 biennial exercise, granting this one-time exemption will not affect the status of onsite EP. Based upon FEMA's assessment of offsite EP for the State and local counties within Monticello s EPZ, and since the onsite portion of the biennial exercise will be performed in 1997, granting this one-time exemption
. will not pose undue risk to public health and safety.
Section 50.12(a)(2) of 10 CFR specifies that special circumstances must exist for the Commission to consider an exemption request and provides a list of conditions, any of which constitute special circumstances. One of these conditions is "the exemption would provide
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only temporary relief from the applicable regulation and the licensee has made good faith efforts to comply with the regulation." The licensee will perform the onsite portion of the 1997 biennial exercise and only requested this exemption because of the hardships that performing the offsite portion of the exerc8se would have on the State and local counties. The licensee expects full participation of the State and local agencies in ine next biennial exercise scheduled for June 22,1999, in addition, the State is scheduled to participate in the July 1998 exercise at the Prairie Island nuclear power plant. Therefore, special circumstances exist that allow for consideration of the licensee's exemption request.
IV.
Accordingly, the Commission has determined, pursuant to 10 CFR 50.12(a), that this exemption is authorized by law, will not present an undue risk to the public health and safety, and is consistent with the common defense and security. The Commission has further determined that special circumstances as provided in 10 CFR 50.12(a)(2) are present justifying the exemption.
Therefore, the Commission hereby grants the requested one time exemption from the requirements of Section IV.F.2.c of Appendix E to 10 CFR Part 50.
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. Pursuant to 10 CFR 51.32, the Commission has determined that the granting of this exemption will not have a significant effect on the quality of the human environment (62 FR 47520 ).
This exemption is etketive upon issuance.
Dated at Rockville, Maryland, this loth day of September 1997.
FOR THE NUCLEAR REGULATORY COMMISSION ORIGINAL SIGNED BY Frank J. Miraglia, Acting Director Office of Nuclear Reactor Regulation DOCUMENT NAME: G:\\WPDOCS\\MONTICEL\\ MON 99439.EXE To v.c.,v.. copy w me. oocun.ni. nam. m m. w C. Copy enoui macnm.nu.ncm=. r - Con m.w.
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