ML20217G963

Exemption from Requirements of 10CFR50,App E,Section IV.F.2.c Re Conduct of full-participation Exercise in Sept 1999

ML20217G963
Person / Time
Site:	Millstone
Issue date:	10/14/1999
From:	Zwolinski J NRC (Affiliation Not Assigned)
To:	CENTERIOR ENERGY
Shared Package
ML20217G953	List: ML20217G949 ML20217G963
References
NUDOCS 9910220028
Download: ML20217G963 (6)

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UNITED STATES OF AMERICA

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NUCLEAR REGULATORY COMMISSION in the Matter of )

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NORTHEAST NUCLEAR ENERGY COMPANY,) Docket Nos. 50-245,50-336 and 50-423 et al. )

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(Millstone Nuclear Power Station, )

. Unit Nos.1,2, and 3) )

EXEMPTION l

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Northeast Nuclear Energy Company, et al. (NNECO or the licensee) is the holder of Facility Operating License Nos. DPR-21, NPF 65, and NPF-49, which authorize operation of the Millstons Nuclear Power Station, Units 1,2, and 3 (Millstone or the facilities). The facilities consist of two pressurized-water reactors (Units 2 and 3) licensed for operation and one boiling-water reactor (Unit 1) that is being decommissioned, located at the licensee's site in New London County, Connecticut. The licenses provide, among other things, that the licensee is subject to all rules, regulations, and orders of the U.S. Nuclear Regulatry Commission (NRC or I

the Commission) now or hereafter in effect.

II.

Section IV.F.2.c of Appendix E to 10 CFR Part 50 requires each licensee at each site to conduct an exercise of offsite emergency plans biennially with full carticipation by each offsite authority having a role under the plan. During such biennial full-participation exercises, the I

9910220028 991014 PDR ADOCK 05000245 Y PDR

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.2-NRC evaluates onsite and the Federal Emergency Management Agency (FEMA) evaluates offsite emergency preparedness activities. NNECO successfully conducted a full-participation ,

. exercise during the week of August 21,1997. By letter dated August 3,1999, the kcensee l

requested an exemption from Sections IV.F.2.c of Appendix E regarding the conduct of a full-participation exercise in September 1999. The licensee will conduct the Federally observed I full-participation emergency exercise before the end of March 2000 rather than September 1999. Future full-participation exercises will be scheduled biennially from the year 2000. The NRC has provided flexibility in scheduling these exercises by allowing licensees to schedule full-participation exercises a: any time during the biennial calendar year. This provides a 12 to 36 month window to schedule full-participation exercises while still meeting the biennial requirement specified in the regulations. Conducting the Millstone full-participation i exercise in calendar year 2000 places the exercise past the previously scheduled biennial calendar year of 1999. .This one-time change in the exercise schedule would increase the interval between full-participation exercises in this one instance from the previously scheduled 25 months to 31 months, which is within the time span normally accepted for biennial exercises.

The Commission, pursuant to 10 CFR 50.12(a)(1), may grant exemptions from the requirements of 10 CFR Part 50 that are authorized by law, will not present an undue risk to i public health and safety, and are consistent with the common defense and security. The Commission, however, pursuant to 10 CFR 50.12(a)(2), will not consider granting an exemption unless special circumstances are present. Under 10 CFR 50.12(a)(PJ(ii), special circumstances are present when 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.' Under 10LCFR 50.12(a)(2)(v), special circumstances are present whenever the exemption

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I would provide only temporary relief from the applicable regulation and the licensee or applicant 1

has made good faith efforts to comply with the regulation. )

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Ill.

The staff has completed its evaluation of NNECO's request for an exemption and proposed compensatory measures that will be taken to maintain the level of emergency preparedness at Millstone between September 1999 and March 2000. Compensatory measures include the conduct of a self-evaluated drillin September 1999 in accordance with 10 CFR Part 50, Appendix E, Section IV.F.2.b of the onsite emergency plan to which offsite agencies in Connecticut and New York have been invited to participate as a training activity for their responders.' Further, the licensee plans an additional drill in October 1999 for State and local responders. The underlying purpose for conducting a biennial full-participation exercise is to ensure that emergency organization personnel are familiar with their duties and to test the l adequacy of emergency plans. The intent of this requirement will bs met by conducting these two scheduled drills, one of which is specifically for offsite response organizations. These drills

-s are in excess of what the regulation requires and provide a benefit by allowing more opportunities for training of response personnel. The staff considers that these measures are i adequate to maintain an acceptable level of emergency preparedness during this period, satisfying the underlying purpose of the rule. Therefore, the special circumstances of 10 CFR 50.12(a)(2)(ii) are satisfied.

Only temporary relief from the regulation is provided by the requested schedular exemption since an exercise will be conducted at a future date. The licensee has made a good faith effort to comply with the regulation. The exemption is being sought by the licensee in

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voluntary response to a request by the NRC to accommodate an adjustment in exercise

. scheduling that affects multiple agencies, as discussed during the annual NRC Region I and FEMA (Regions I,11, and ill) exercise scheduling meeting held in White Plains, New York, in

' December 1998. At this meeting, re'presentatives of the States of Connecticut and New York concurred with rescheduling the NRC/ FEMA evaluated exercise for the Millstone site. The l revised exercise schedule allows for better balance in the use of federal resources. The )

exercise will be conducted in a time frarne that is within generally accepted policy. In FEMA's letter to the NRC dated July 14,1999, FEMA Region I and FEMA Headquarters concurred with the change in exercise date. Also, NRC Region I, who would be involved in evaluating the onsite activities during these exercises, supported the schedule change due to the need to relieve resource demands. The staff, having considered the schedule and resource issues within FEMA and the NRC, and the proposed licensee compensatory measures, believes that tho exemption request meets the special circumstances of 10 CFR 50.12(a)(2)(v) and should be granted.

IV.

,; The Commission has determined that, pursuant to 10 CFR Part 50, Appendix E, this

- exemption is authorized by law, will not endanger life or property or the common defense and  !

l security, and is otherwise in the public interest. Further, the Commission has determined, pursuant to 10 CFR 50.12(a), that special circumstances of 10 CFR 50.12(a)(2)(ii) and 10 CFR 50.12(a)(2)(v) are applicable in that application of the regulation is not necessary to achieve the underlying purpose of the rule, and the exemption would provide only temporary l

' relief from the applicable regulation and the licensee has made good faith efforts to comply with  !

the regulation. Therefore, the Commission hereby grants the exemption from Section li.F.2.c l

of Appendix E to 10 CFR Part 50.

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5-1 Pursuant to 10 CFH 51.32, the Commission has determined that the granting of this !

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exemption will have no significant impact on the quality of the human environment (64 FR 50840).

This exemption is effective upon issuance.

Dated at Rockville, Maryland, this 14thday of October 1999.

FOR THE NUCLEAR REGULATORY COMMISSION

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John . Zwolinski, Director Divisi of Licensing Project Management Office of Nuclear Reactor Regulation I

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l Pursuant to 10 CFR 51.32, the Commission has determined that the granting of this exemption will have no significant impact on the quality of the human environment (64 FR 50040).

This exemption is effective upon issuance.

Dated at Rockville, Maryland, this 14thday of October 1999.

FOR THE NUCLEAR REGULATORY COMMISSION Original signed by:  ;

John A. Zwolinski, Director Division of Licensing Project Management Office of Nuclear Reactor Regulation I

DISTRIBUTION:

Docket Files (50-245,50-336,50-423) JLinville, RI JNakoski MOprendek, RI EAdensam (EGA1) TClark RGallo DWheeler PDI-2 Reading JClifford REaton DBarss ACRS OGC PUBLIC TEssig LBerry GHill (6) MTschiltz MBoyle Document Name: G:\PDI-2\ millstone 3\ma6023exapp.wpd *See previous concurrence To rec'ive a copy of this document indicate In the box: "C" = Copy without attachment / enclosure "E' = Copy with attachment / enclosure "N' = No copy OFFICE PDI-2:PM, PDI-2:LA 6 IOLB PDI-2pC PDI:Dj g3, OGC DLM ,

/ I NAME JNakoskf$TClark)[h RGallo* JCMord EAdel[s'an[ STurk* JZg ,

h0 ATE 9 /78 /9hJ q / 7tf /99 9 / 22/99 16/\ /99 (0/ 4 /99V 9/24/99 la / #7_T9 OFFICIAL RECORD COPY l

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