ML20216H917
| ML20216H917 | |
| Person / Time | |
|---|---|
| Site: | Monticello  |
| Issue date: | 08/18/1997 |
| From: | NRC (Affiliation Not Assigned) |
| To: | |
| Shared Package | |
| ML20216H866 | List: |
| References | |
| NUDOCS 9709170111 | |
| Download: ML20216H917 (3) | |
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ga arouqk UNITED STATES
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j NUCLEAR REGULATORY COMMISSION 2
WASHINGTON D.C. 30666 4001
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SAFCTY EVALUATION SY THE OFFICE OF NUCLEAR REACTOR REGULATION BELATED TO ONE-TIME EXEMPTION FROM THE REQUIREMENTS OF 10 CFR PART 50 APPENDIX E. SECTION IV.F.2,c FACILITY OPERATING LICENSE NO. DPR-22 NORTHERN STATES POWER COMPANY MONTICELLO NUCLEAR GENERATING PLANT QQQKET NO, 50-263 1.0 INTROD'JCTION in a letter dated August 18,1997, Northem States Power Company (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 exemption because the State and local counties within the EPZ have requested relief from the Federal Emergency Management Agency (FEMA) for participation in the 1997 offsite exercise. The onsite emergency plan will be exercised by the licensee in accordance with Section IV.F.2.b of Appendix E to 10 CFR Part 50.
2.0 APPLICABLE REGULATIONS Section 50.54(q) of 10 CFR Part 50 requires a licensee authorized to operate a nuMr power reactor to follow and maintain in effect emergency plans that meet the standaros 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 plans for each site shall be exercised biennially with full participation by each offsite authority having a role under the plan.
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 an undue risk to the public health and safety, and are consistent with the common defense and security and (2) present special circumstances.
3.0 ANALYSIS The licenno requested this one-time exemption in support of the State of Minnesota's request for relief from FEMA requirements in 10 CFR Part 44 to biennially exercise offsite EP plans. The State and local counties requested relief from FEMA requirements (in accordance 9709170111 970910 PDR ADOCK 05000263 F
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-4 2-with'Section 350.9.c of.10 CFR Part 44) 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 justification for its relief request:
The Minnesota Division of Emergency Management (DEM) and other State agencies
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last 2 years. The State experienced record cold, crippling snowfall, and the worst are in various phases of seven Presidential Declardtions of Major Disasters within the 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.
J Sherbume and Wright counties (the counties within the plume exposure EPZ) are still 2
conducting damage assessment for their third Presidential Declaration in the last 8 months. Personnel respons!ble for coordinating the recological response plan 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 performance and has not received an exercise deficiency since 1991. Neither county has ever received an exercise deficiency.
Minnesota received numerous accolades from 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 let'er 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 perform the onsite portion 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, the NRC concludes that 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 -
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 exercise would have on the State and local counties.
The licensee expects full participation of the State and local counties in the next biennial exercise scheduled for June 22,1999.- In addition, the State is scheduled to participate in the
-Ju:/1998 exercise at the Prairie Island nuclear power plant. Therefore, the staff concludes
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that special circumstances exist that allow for consideration of the licensee's exemption request.
4.0 CONCLUSION
The staff finds that granting the licensee's request for a one-time exemption from the requirement in Section IV.F.2.c of Appendix E of 10 CFR Part 50 to biennially exercise the offsite portion of Rs offsite emergency plans for the 1997 exercise will not present an undue risk to the public health and safety, and is consisttht with the common defense and security and that special circumstances are present as set forth in 10 CFR 50.12(a)(2).
Principal Contributor. James B. O'Brien Date: September 10, 1997 4
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