ML20214L586

Forwards Util Request for Exemption from Requirements of 10CFR50,App E,Section IV,F.1.Certificate of Svc Encl. Related Correspondence

ML20214L586
Person / Time
Site:	Braidwood
Issue date:	09/08/1986
From:	Edgar G COMMONWEALTH EDISON CO., NEWMAN & HOLTZINGER
To:	Callihan A, Cole R, Grossman H Atomic Safety and Licensing Board Panel
References
CON-#386-634 OL, NUDOCS 8609100284
Download: ML20214L586 (6)

Text

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NEWMAN & hoi /rZINGER, P.C.

00CKETED JACM R NEWMAN 8615 L STREET, N.W.

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ROBERT LOWENSTEIN NORMAN A. FLANINGAM MEneERTS.COMN

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orcou.cc Herbert Grossman, Esquire Dr. A. Dixon Callihan Chairman Administrative Law Judge Administrative Law Judge 102. Oak Lane Atomic Safety and Licensing Oak Ridge, TN 37830 Board U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Dr. Richard F. Cole Administrative Law Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Re:

Braidwood Station Units 1 and 2 Docket Nos. 50-456 and 50-457-oC-

Dear Administrative Law Judges:

Enclosed please find a copy of Commonwealth Edison Company's request, pursuant to 10 C.F.R.

S 50.12(a),

for an exemption from the requirements of 10 C.F.R.

Appendix E,Section IV, F.1.

Respectfully submitted,

/

George L. Edgar Attorney for Commonwealth Edison Company Enclosure cc:

Service List 8609100284 860908 M6 J PDR ADOCK 05000456 0

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Commonweetth Edison l1,T One Fwst National Paza, Chcego. Emois Address Reply to: Post Omco Box 757 Chce00. Ihnois 80600 0767 August 22,1986 Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Comunission 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 Consnission may... grant exemptions from the requirements of the regulations of this part, which are -

i (1) Authorized by law, will not present an undue risk to the i

public health and safety, and are consistent with the cosanon l

defense and security.

The exemption in questior. is authorized by law. It is clearly within the Commission's authority to grant an exemption to the provisions of 10CFR 50 l

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 circumstance l

(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 Commission to consider granting an exemption. Three of these categories, (ii), (iii) and (v) apply to this request and are discussed below.

l

g (ii) Application of the regulation in the particular circumstances would not serve the underlyinz purpose of the rule or is not necessary to achieve thg underlyinz purpose of the rule.

l The underlying purpose of section IV.Fel 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 actuni 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 sesure 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 schsduled 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 l

of Illinois. The State of Illinois successfully participated on a full participation basis in the April,1986, emergency 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.

i 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 exercise CECO has conducted four additional, successful emergency preparedness exercises including two in which the 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.

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

or that are significantly in excess of those incurred by others similarly 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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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 cost, 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 on1Y temporary relief from the aDDlicable regulation and the licensee or applicant has made mood 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 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.

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

y truly youn's, k

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David H. Smith Nuclear Licensing Administrator cc:

W. Snell, RIII T. J. Ploski, RIII NRC Resident Inspector - Braidwood f:I!Rassl 1992K

o UNITED STATES OF AMr@KCAp NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICE 3S;XGAOARD tn by m3

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)0FFICE OF SELr:le4Y 0OCKETi% A Sfr'VICE In the Matter of

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D66khtiNos. 50-456-OL

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50-457-OL COMMONWEALTH EDISON COMPANY

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(Braidwood Station, Units 1 and 2) )

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CERTIFICATE OF SERVICE I hereby certify that copies of the attached document were served on the persons listed below by deposit in the United States mail, first-class postage prepaid, unless otherwise indicated, this 8th day of September, 1986.

Herbert Grossman, Esquire

• Mr. William L. Clements Chairman Chief, Docketing and Services Administrative Law Judge U.S. Nuclear Regulatory Atomic Safety and Licensing Commission Board Office of the Secretary U.S. Nuclear Regulatory Washington, D.C.

20555 Commission (3 copies)

Washington, D.C.

20555

• Atomic Safety and Dr. Richard F. Cole Licensing Board Panel Administrative Law Judge U.S. Nuclear Regulatory Atomic Safety and Licensing Commission Board Washington, D.C.

20555 U.S. Nuclear Regulatory Commission

• Atomic Safety and Licensing Washington, D.C.

20555 Appeal Board Panel U.S. Nuclear Regulatory

• Dr. A. Dixon Callihan Commission Administrative Law Judge Washington, D.C.

20555 102 Oak Lane Oak Ridge, TN 37830

• Ms. Bridget Little Rorem 117 North Linden Street P.O. Box 208 Essex, IL 60935

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• Stuart Treby, Esquire William Little, Director Elaine I. Chan, Esquire Braidwood Project Office of the Executive Region III Legal Director U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission 799 Roosevelt Road Washington, D.C.

20555 Glen Ellyn, IL 60137 Robert Guild, Esquire

• Janice A. Stevens Douglass W. Cassel, Jr., Esquire (For Addressee Only)

Timothy W. Wright, III, Esquire U.S. Nuclear Regulatory BPI Commission 109 North Dearborn Street 7920 Norfolk Avenue Suite 1300 Phillips Building Chicago, Illinois 60602 Bethesda, MD 20814 Charles Jones, Director

• Joseph Gallo, Esquire Illinois Emergency Services Isham, Lincoln & Beale and Disaster Agency 1150 Connecticut Avenue, N.W.

110 East Adams Suite 1100 Springfield, IL 62705 Washington, D.C.

20036 Elena Z. Kezelis, Esquire Isham, Lincoln & Beale Three First National Plaza Suite 5200 Chicago, Illinois 60602

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Thomas A. Schmutz j/

One of the Attorneys for Commonwealth Edison Company Dated:

September 8, 1986 Hand Deliver Federal Express

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