RA-11-075, Exemption Request from the Biennial Emergency Preparedness Exercise Requirement in 10 CFR 50, Appendix E, Section IV.F.2.c
| ML112730283 | |
| Person / Time | |
|---|---|
| Site: | Oyster Creek |
| Issue date: | 09/30/2011 |
| From: | Jesse M Exelon Corp, Exelon Generation Co, Exelon Nuclear |
| To: | Document Control Desk, Office of Nuclear Reactor Regulation |
| References | |
| RA-11-075 | |
| Download: ML112730283 (19) | |
Text
10 CFR 50.12 RA-11-075 September 30, 2011 ATIN: Document Control Desk U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Oyster Creek Nuclear Generating Station Renewed Facility Operating License No. DPR-16 NRC Docket No. 50-219
Subject:
Oyster Creek Nuclear Generating Station Exemption Request from the Biennial Emergency Preparedness Exercise Requirement in 10 CFR 50, Appendix E, Section IV.F.2.c Pursuant to 10 CFR 50.12, "Specific exemptions," Exelon Generation Company, LLC (Exelon),
the licensee for Oyster Creek Nuclear Generating Station (OCNGS) requests the U.S. Nuclear Regulatory Commission (NRC) approval of an exemption from the requirements of 10 CFR 50, Appendix E, Section IV.F.2.c. Specifically, Exelon requests postponement of the evaluation of certain offsite elements of OCNGS's biennial Emergency Preparedness exercise. This exemption is being requested as a result of the impact of Hurricane Irene on the State of New Jersey and local government resources as they continue to respond to the aftermath of the hurricane. to this letter provides the detailed basis and justification for this exemption request and addresses the exemption requirements of 10 CFR 50.12 and the guidance criteria contained in Regulatory Issue Summary (RIS) 2006-03, "Guidance on Requesting an Exemption from Biennial Emergency Preparedness Exercise Requirements." Note that the onsite portion of the biennial exercise was conducted and evaluated by the NRC as scheduled on September 27, 2011. Attachment 2 provides supporting detail regarding the OCNGS 2011 Off-Year Exercise and Attachment 3 provides a letter from FEMA supporting the rescheduling of activities.
U.S. Nuclear Regulatory Commission 10 CFR 50.12 Docket No. 50~219 September 30, 2011 Page 2 It is requested that the NRC grant this exemption by December 15, 2011. This exemption request contains no new regulatory commitments.
If you have any questions or require additional information, please contact Rick Gropp at 610-765-5557.
Respectfully, Michael D. Jesse Director - Licensing and Regulatory Affairs Exelon Generation Company, LLC Attachments:
1.
Request for Exemption Related to 10 CFR 50, Appendix E, Section IV.F.2.c 2.
2010 Oyster Creek Off-Year Exercise Summary for the State of New Jersey 3.
Letter from FEMA to New Jersey State Police, Emergency Management Section, Regarding Oyster Creek Biennial REP Exercise Schedule, dated August 31, 2011 cc:
Regional Administrator - NRC Region I NRC Senior Resident Inspector - OC NRC Project Manager, NRR - OC Director, Bureau of Nuclear Engineering, NJDEP Mayor of Lacey Township wIAttachments
ATTACHMENT 1 Oyster Creek Nuclear Generating Station Docket No. 50-219 Request for Exemption Related to 10 CFR 50, Appendix E, Section IV.F.2.c
ATTACHMENT 1 Request for Exemption Related to 10 CFR 50, Appendix E, Section IV.F.2.c Purpose The following information provides the basis for an exemption request from the requirements of 10 CFR 50, Appendix E, Section IV.F.2.c. Specifically, Exelon Generation Company, llC (Exelon) is requesting to reschedule certain offsite functions of the Oyster Creek Nuclear Generating Station (OCNGS) biennial Emergency Preparedness (EP) exercise from September 27, 2011, to June 2012. This exemption request results from special circumstances that were unavoidable due to the impact of Hurricane Irene on the availability of State of New Jersey, county and local government resources. This request for exemption is consistent with the guidance specified in Regulatory Issue Summary (RIS) 2006-03, "Guidance on Requesting an Exemption from Biennial Emergency Preparedness Exercise Requirements," dated February 24,2006.
Special Circumstances OCNGS's full participation and FEMA-evaluated biennial exercise was scheduled to be conducted on September 27, 2011.
However, on August 28, 2011, Hurricane Irene passed through New Jersey causing widespread devastation and flooding throughout the surrounding area. This event has required the New Jersey State Office of Emergency Management (OEM),
the Ocean County OEM, numerous other state departments and the Division of State Police to make significant resource commitments to recover from the Presidentially Declared Disaster caused by Hurricane Irene. As a result, the New Jersey OEM and the Ocean County OEM have dedicated resources to respond to and recover from this event and have requested that OCNGS reschedule specific functions of the offsite portion of the biennial EP exercise.
The Federal Emergency Management Agency (FEMA) has responded favorably to this request and has agreed to postpone the evaluation of these functions until June 2012 as documented in a letter dated August 31,2011 (see Attachment 3).
The New Jersey OEM has indicated to Exelon that rescheduling the specific functions later in calendar year 2011 is not considered feasible due to the unavailability of their resources necessary to prepare for and conduct the offsite elements of the biennial exercise between now and the end 2011.
Exelon proceeded with the onsite portions of the biennial exercise on September 27, 2011. The New Jersey Bureau of Nuclear Engineering (BNE) participated in the exercise. FEMA evaluated the Forward Command Post, the Field Monitoring Teams and the Bureau of Nuclear Engineering at the Oyster Creek Emergency Operations Facility as they fully participated in the September 27,2011, exercise. The Ocean County Field Monitoring Team participated in this evaluated exercise.
The New Jersey OEM participated as a control cell in support of the BNE and Exelon. The Ocean County and the Townships of lacey and Ocean participated by taking the Initial Contact Message Form at appropriate Emergency Classification levels (ECls) at their respective 9-1-1 Centers.
Request for Exemption Related to 10 CFR 50, Appendix Section IV.F.2.c Page 2 of 9 The list and table below provide details of the facilities and functions which will be rescheduled to June 201 New Jersey OEM Ocean County OEM Barnegat Light Borough Barnegat Township Beachwood Borough Berkeley Township Harvey Cedars Borough Island Heights Borough Lacey Township Long Beach Township Ocean Gate Borough Ocean Township Pine Beach Borough Seaside Park Borough Ship Bottom Borough South Toms River Borough Stafford Township Surf City Borough Toms River Township List of Functions Rescheduled to June 2012 10 EP Functions Evaluated at State, County and Local Office of Emergency Management 1.a.1 Notification and Mobilization 1.c.1 Direction and Control 1.d.1 Communication Equipment 1.e.1 Equipment and Supplies to Support Operations 2.a.1 Emergency Worker Exposure Control 2.b.1 Radiological Assessment and Protective Action Recommendations and Decisions for the Plume Phase of the Emergency 2.b.2 Radiological Assessment and Protective Action Recommendations and Decisions for the Plume Phase of the Emergency 2.c.1 Protective Action Decision Considerations for the Protection of Special Populations 3.a.1 Implementation of Emergency Worker Exposure Control 3.b.1 Implementation of the KI Decision 3.c.1 Protective Actions for Special Populations 3.c.2 Protective Actions for Schools 3.d.2 Impediments to Evacuation 5.a.1 Activation of the Prompt Alert and Notification System
Request for Exemption Related to 10 CFR 50, Appendix E, Section IV.F.2.c Justification for the Exemption Page 3 of 9 In accordance with 10 CFR 50.12(a)(1), the U.S. Nuclear Regulatory Commission (NRC) may grant exemptions from certain requirements of the 10 CFR 50 regulations that 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.
1.
This exemption request is authorized by law:
In accordance with 10 CFR 50.12, the NRC may grant an exemption from the requirements of 10 CFR 50 if the exemption is authorized by law. The proposed exemption is authorized by law in that no other prohibition of law exists to preclude the activities which would be authorized by the exemption. The proposed exemption will continue to serve the underlying purpose of the regulation. The underlying purposes for conducting a biennial exercise are to test the adequacy of emergency plans, to ensure that emergency response organization personnel are familiar with their duties, and to identify and correct weaknesses. The activities performed during the OCNGS's off-year exercise performed on September 15, 2010, along with several out-of-sequence drills that were conducted, demonstrate that these underlying purposes of conducting an exercise have been met.
2.
This exemption request will not present an undue risk to the public health and safety:
Adequate emergency response capabilities have been maintained and demonstrated since the last OCNGS full participation biennial exercise (October 6, 2009) through the conduct of drills and out-of-sequence activities.
Exercises/Drills The New Jersey OEM successfully exercised the Radiological Emergency Response Plan (RERP) Annex B for OCNGS on September 15, 2010, during the OCNGS off-year exercise.
The New Jersey OEM participated at the State of New Jersey Emergency Operations Center (EOG) and the Exelon Joint Information Center (JIC). The Ocean County OEM and 16 of the 17 municipalities located with the 10-mile Emergency Planning Zone surrounding the OCNGS participated (note that Berkeley Township did not participate because the Berkeley Township EOC was being renovated at the time). The New Jersey OEM successfully demonstrated the RERP and Standard Operating Procedures (SOPs).
The rescheduled functions were successfully demonstrated at the applicable facilities during one or more of the drills and exercises below. See Attachment 2 for specific details regarding the evaluation of the off-year exercise.
September 15, 2010, Oyster Creek Off-Year Exercise 1.a.1 Notification and Mobilization 1.c.1 Direction and Control 1.d.1 Communication Equipment 1.e.1 Equipment and Supplies to Support Operations 2.a.1 Emergency Worker Exposure Control
Request for Exemption Related to 10 CFR 50, Appendix Section IV.F.2.c Page 4 of 9 2.b.1 Radiological Assessment and Protective Action Recommendations and Decisions for the Plume Phase of the Emergency 2.b.2 Protective Action Decisions for the Plume Phase of the Emergency 2.c.1 Protective Action Decision Considerations for the Protection of Special Populations 3.a.1 Implementation of Emergency Worker Exposure Control 3.b.1 Implementation of the KI Decision 3.d.2 Impediments to Evacuation 3.c.1 Protective Actions for Special Populations 3.c.2 Protective Actions for Schools 5.a.1 Activation of the Prompt Alert and Notification System 5.b.1 Emergency Information and Instructions for the Public and Media In addition to the OCNGS off-year exercise, the following out-of-sequence evaluations were evaluated by FEMA in 2011.
Out of Sequence Function Location Date Hearing Impaired 3.a.1, Long Beach June 29, 2011 Notification 3.b.1, Township 3.c.1 MS-1 (transport) 3.a.1, Lanoka Harbor August 5, 2011 3.b.1, Emergency Medical 6.d.1 Service MS-1 (hospital) 3.a.1, Community August 5, 2011 3.b.1, Memorial Hospital 6.d.1 Mobility Impaired 3.a.1, Ocean Gate June 29, 2011 Evacuation 3.b.1, 3.c.1 Reception Center 3.a.1, Manchester Middle August 4, 2011 3.b.1, School (MS) 6.a.1 Route Alerting 3.a.1, Toms River June 29, 2011 3.b.1, 5.a.1 School Evacuation Ev-2 3.a.1, Clara B. Worth Week of August 8, 3.b.1, Elementary School 2011 3.c.1 School Principal 2.c.1 See Criterion 2.c.1 Week of August 8, Interviews 2011
Request for Exemption Related to 10 CFR 50, Appendix E, Section IV.F.2.c Page 5 of 9 Out of Sequence Function Location Date Traffic Control 3.a.1, Pine Beach July 6,2011 3.b.1, 3.d.1 Congregate Care Shelters 6.c.1 Jackson MS February 23, 2011 Emergency Worker Decon 3.a.1, Pinewald and April 6, 2011 Center 3.b.1, Berkeley Emergency 6.b.2 Response Team (BERT)
Access Control Land 3.a.1, New Jersey State June 17,2011 3.b.1, Police (NJSP) 3.d.1 Access Control Water 3.a.1, NJSP September 21, 2011 3.b.1, 3.d.1 Bus Route Transportation 3.a.1, NJSP June 17,2011 Dependant General 3.b.1, Population 3.c.1 In addition to the evaluations described above, the following drills have been performed in 2010 and 2011. Not all of these drills listed below have exercised the proposed rescheduled functions; however, the list is provided to show the continuing level of engagement in EP activities for OCNGS, the State of New Jersey and the surrounding local communities.
EXERCISES/DRILLS 2010/2011 DATE MEETING 01/06/10 Ocean County Practice for Remedial 01/11/10 Review Ocean County Practice at Ocean OEM (state & county only) 01/28/10 Ocean County Remedial Exercise 02/17/10 OCNGS Quarterly Drill 02/24/10 OCNGS Quarterly Drill 04/07/10 OCNGS Quarterly Drill OS/26/10 Emergency Worker Decon Exercise at Surf City Fire Co.
06/01/10 OCNGS siren Test Full 3 Minute Activation
Request for Exemption Related to 10 CFR 50, Appendix E, Section IV.F.2.c Page 6 of 9 DATE 04/27/11 08/03/11 08/31/11 TRAINING MEETING cean Manchester Reception Demo at Manchester High CNGS Quarterly Drill OCNGS State Evaluated (See narrative)
EV-2 School Exercise at Ocean OEM OCNGS Quarterly Drill OCNGS Quarterly Drill OCNGS Training Drill OCNGS Pre-Exercise Drill In addition to exercises/drills performed since the last biennial exercise at OCNGS, the following training has been accomplished with the State and local Office of Emergency Management and supporting organizations.
DATE TRAINING 01/05/10 Ocean Controller Training at Exelon JIC 02/11/10 ERP Train-the-Trainer at Ocean OEM 03/12/10 Reception Center Managers Course at Ocean County OEM 04/09/10 Emergency Worker Train-the-Trainer at Ocean County OEM 05/10/10 Emergency Worker Decon Training at Surf City Fire Co.
05/12/10 Emergency Worker Decon Training at Surf City Fire Co.
OS/24/10 Emergency Worker Decon Dress Rehearsal at Surf City Fire Co.
07/23/10 EOC Operations Course at Ocean County OEM 07/27/10 Ocean Manchester Reception Center Training at Manchester High 07/29/10 Ocean Manchester Reception Center Training at Manchester High 08/02/10 Ocean County field Team Training at Ocean County OEM 08/03/10 Ocean Manchester Reception Rehearsal at Manchester High 08/13/10 EOC Operations Course at Beach Haven EOC 09/08/10 MS-1 Training at Southern Ocean Hosp.
Request for Exemption Related to 10 CFR 50, Appendix Section IV.F.2.c Page 7 of 9 DATE TRAINING
. 09/16/10 MS-1 Training at Lacey First Aid 10/20/10
' ing at the JIC 10/22/10 Train-the-Trainer course at Salem OEM 02/16/11 Congregate Care Training at Jackson Middle School 02/17/11 RERP Train-the-Trainer at Ocean OEM 03/04/11 RERP Trainers Seminar 03/18/11 Reception Center Managers Course at Ocean County OEM 03/28/11 Emergency Worker Decon Training at Pinewald Fire Co.
03/31/11 Emergency Worker Decon Training at Pinewald Fire Co.
04/04/11 Emergency Worker Decon Dress Rehearsal at Pinewald Fire Co.
04/15/11 RERP Train-the-Trainer at Ocean OEM 05/31/11 Contaminated Worker Training at Southern Ocean Medical Center 07/20/11 MS-1 Training at CMC 07/20/11 MS-1 Training at Lanoka Harbor Emergency Medical Service 07/26/11 Ocean Manchester Reception Center Training at Manchester MS 07/28/10 Ocean Manchester Reception Center Training at Manchester MS 08/02/11 Ocean Manchester Reception Rehearsal at Manchester High 09/01/11 Ocean County Field Team Training at Ocean County OEM Actual Events During response to Hurricane Irene on August 28,2011, the New Jersey OEM and the Ocean County and municipal OEMs were activated per their emergency plan to protect the health and safety of the public.
State OEM Evaluation with other Utilities On May 18 - 20, 2010, the New Jersey OEM satisfactorily participated in an FEMA evaluated ingestion exercise in conjunction with the Salem/Hope Creek Nuclear Generating Stations. Although this evaluation would not involve the local county and boroughs/
municipalities local to OCNGS, the New Jersey OEM and BNE participated and were evaluated during this exercise.
Request for Exemption Related to 10 CFR 50, Appendix Section IV.F.2.c Page 8 of 9 3.
This exemption request is consistent with the common defense and security:
The common defense and security are not affected by this exemption request.
This exemption requests NRC approval to extend the schedule for performing certain offsite functions until June 2012 as a result of Hurricane Irene's impact on the State of New Jersey, county, and local OEM resources. Functions rescheduled have been evaluated since the last performance of the OCNGS biennial exercise.
Granting this exemption will maintain focus on nuclear safety and security; therefore, it is ultimately in the interest of common defense and security. Pursuant to 10 CFR 50.12(a)(2),
the NRC will consider granting an exemption from the regulation if special circumstances are present. This exemption request meets this requirement since special circumstances were present as a result of Hurricane Irene. Specifically, the underlying purpose of the rule has been adequately served by allowing the State of New Jersey and local authorities to respond to the effects of the August 28, 2011, hurricane event.
Additionally, the exemption would provide only temporary relief from the 10 CFR 50, Appendix E, Section IV.F.2.c requirements. Rescheduled offsite functions will still be evaluated during the June 2012 exercise. All other functions will be performed and evaluated as originally scheduled on September 27, 2011.
Environmental Assessment If the requested exemption is approved by the NRC, certain offsite functions scheduled for the OCNGS 2011 full participation FEMA-evaluated biennial emergency exercise would not have been conducted as originally scheduled on September 27, 2011. Whether or not these functions were conducted on this date would not have an effect on the environment since any outdoor activity during an exercise is limited to minimal use of roads and highways. The proposed action would not significantly increase the probability or consequences of an accident, change the types or quantities of radiological effluents that may be released offsite, or result in a significant increase in public or occupational radiation exposure since there would be no change to facility operations that could create a new accident or affect a previously analyzed accident or release path.
Since the proposed action would not have any adverse environmental effects, there are no alternatives available for reducing or avoiding adverse environmental effects. With regard to non-radiological impacts, no changes would be made to non-radiological plant effluents or activities that would adversely affect the environment. Therefore, no significant non-radiological impacts would be associated with the proposed action.
There are no federal permits, licenses, approvals or other entitlements which must be obtained in connection with the proposed action. The proposed action is not subject to any environmental quality standards or requirements imposed by federal, state, regional, or local agencies having responsibility for environmental protection.
Request for Exemption Related to 10 CFR 50, Appendix E, Section IV.F.2.c Conclusion Page 9 of 9 Based on the previously discussed information, a one-time exemption from the requirements of Section IV.F.2.c of Appendix E to 10 CFR 50 to postpone specific functions of the biennial Emergency Preparedness exercise as identified above until June 2012, is requested for OCNGS. This requested exemption is authorized by law, will not present an undue risk to the public health and safety, is consistent with the common defense and security, and special circumstances are present as set forth in 10 CFR 50.12(a)(2).
ATTACHMENT 2 Oyster Creek Nuclear Generating Station Docket No. 50-219 Request for Exemption 2010 Oyster Creek Off-Year Exercise Summary for the State of New Jersey
2010 Oyster Creek Off*Year Exercise Summary for the State of New Jersey ATTACHMENT 2 Page 1 of4 e
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2010 Oyster Creek Off-Year Exercise Summary for the State of New Jersey ATIACHMENT 2 Page 30f4 2
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ATTACHMENT 3 Oyster Creek Nuclear Generating Station Docket No. 50-219 Request for Exemption Letter from FEMA to New Jersey State Police, Emergency Management Section, Regarding Oyster Creek Biennial REP Exercise Schedule
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August 3I, 20 I I Major Dennis McNulty Commanding Officer Emergency Management Section New Jersey State Police P.O. Box 7068 West Trenton, NJ 08628-0068
Dear Major McNulty,
We have received your letter dated August 29, 20 II requesting the postponement ofthe Oyster Creek federally evaluated, biennial REP Exercise scheduled for September 27,2011. We understand that the widespread flooding caused by Hurricane Irene has caused devastation throughout New Jersey, requiring the New Jersey State Office of Emergency Management (NJ OEM), Ocean County OEM, numerous State departments and the Division of State Police to make significant resource commitments to respond to and recover from this Presidentially Declared Disaster.
We also understand that, should there be an actual incident at Oyster Creek that the necessary resources would be brought to bear on the situation, but that naturally the emergency recovery activities negatively impact upon the ability ofall parties to conduct an exercise. Therefore, we agree to a postponement. but urge the state to reschedule the exercise as soon as is practical in 2012.
Ifyou have any questions regarding this matter, please contact Rebecca Thomson, Chair ofthe R. II Regional Assistance Committee at (212) 680-8509.
Sincerely yours,
~~
Lynn Canton Regional Administrator Enclosures cc:
Vanessa Quinn. Chief, REP Program, FEMA HQ William Dean, Regional Administrator. NRC R. I
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