ML053180263

One-Time Exemption from NRC Requirements, EP Scheduler Exemption

ML053180263
Person / Time
Site:	Watts Bar
Issue date:	12/20/2005
From:	Pickett D V NRC/NRR/ADRO/DORL/LPLD
To:	Singer K W Tennessee Valley Authority
Pickett , NRR/DLPM, 415-1364
References
TAC MC8592
Download: ML053180263 (7)

Text

December 20, 2005Mr. Karl W. Singer Chief Nuclear Officer and Executive Vice President Tennessee Valley Authority 6A Lookout Place 1101 Market Street Chattanooga, Tennessee 37402-2801

SUBJECT:

WATTS BAR NUCLEAR PLANT, UNIT 1 - ONE-TIME EXEMPTION FROMTHE REQUIREMENTS OF 10 CFR PART 50, APPENDIX E, SECTIONS IV.F.2.b and c (TAC NO. MC8592)

Dear Mr. Singer:

The Nuclear Regulatory Commission (NRC) has approved the enclosed exemption fromspecific requirements of Title 10 of the Code of Federal Regulations (10 CFR) Part 50,Appendix E, Sections IV.F.2.b and c for the Watts Bar Nuclear Plant, Unit 1. This action is in response to your letter dated October 5, 2005. You requested an exemption from the requirements of Appendix E, Sections IV.F.2.b and c, which require a licensee at each site to conduct an exercise of its onsite emergency plan and of its offsite emergency plans biennially with full or partial participation by each offsite authority having a role under the plan. The letter requested that the exercise originally planned for November 2, 2005, be rescheduled forJune 7, 2006, due to the impact of Hurricane Katrina. The NRC staff understands that futureexercises would be scheduled biennially from the year 2005. A copy of the exemption is being forwarded to the Office of the Federal Register for publication. Sincerely,/RA/Douglas V. Pickett, Senior Project Manager Plant Licensing Branch II-2 Division of Operating Reactor Licensing Office of Nuclear Reactor RegulationDocket No. 50-390

Enclosure:

Exemption cc w/enclosure: See next page

ML053180263*No Legal Objection NRR-048OFFICELPLII-2PM:LPLII-2LA:LPLII-2BC:LPLII-2NSIR/EPOGCDORL/DDDORL/DNAMEMVaalerDPickettRSolaMMarshallEWeissJBonanno*CHolden for EHackettCHaneyDATE11/15/0511/17/ 0511/15 / 0512/19/ 0511/30/0512/6/ 0512/19/0512/20/05 Mr. Karl W. Singer Tennessee Valley AuthorityWATTS BAR NUCLEAR PLANT cc:Mr. Ashok S. Bhatnagar, Senior Vice President Nuclear Operations Tennessee Valley Authority 6A Lookout Place 1101 Market Street Chattanooga, TN 37402-2801 Mr. Larry S. Bryant, General ManagerNuclear Engineering Tennessee Valley Authority 6A Lookout Place 1101 Market Street Chattanooga, TN 37402-2801Mr. Robert J. Beecken, Vice PresidentNuclear Support Tennessee Valley Authority 6A Lookout Place 1101 Market Street Chattanooga, TN 37402-2801 Mr. Michael D. SkaggsSite Vice President Watts Bar Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Spring City, TN 37381General CounselTennessee Valley Authority ET 11A 400 West Summit Hill DriveKnoxville, TN 37902Mr. John C. Fornicola, ManagerNuclear Assurance and Licensing Tennessee Valley Authority 6A Lookout Place 1101 Market Street Chattanooga, TN 37402-2801Ms. Vanessa E. Quinn, ChiefRadiological Emergency Preparedness Section Department of Homeland Security 1800 S. Bell Street, Room 850 Crystal City - Arlington, VA 22202-3546Mr. Glenn W. Morris, Manager Corporate Nuclear Licensing and Industry Affairs Tennessee Valley Authority 4X Blue Ridge 1101 Market Street Chattanooga, TN 37402-2801Mr. Paul L. Pace, ManagerLicensing and Industry Affairs Watts Bar Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Spring City, TN 37381Mr. Jay Laughlin, Plant ManagerWatts Bar Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Spring City, TN 37381Senior Resident InspectorWatts Bar Nuclear Plant U.S. Nuclear Regulatory Commission 1260 Nuclear Plant Road Spring City, TN 37381County Executive 375 Church Street Suite 215 Dayton, TN 37321County Mayor P. O. Box 156 Decatur, TN 37322Mr. Lawrence E. Nanney, DirectorDivision of Radiological Health Dept. of Environment & Conservation Third Floor, L and C Annex 401 Church Street Nashville, TN 37243-1532Ms. Ann P. Harris341 Swing Loop Road Rockwood, Tennessee 37854 7590-01-PUNITED STATES OF AMERICANUCLEAR REGULATORY COMMISSIONTENNESSEE VALLEY AUTHORITY WATTS BAR NUCLEAR PLANT, UNIT 1 DOCKET NO. 50-390EXEMPTION

1.0BACKGROUND

Tennessee Valley Authority (TVA, the licensee) is the holder of Facility OperatingLicense No. NPF-90, which authorizes operation of Watts Bar Nuclear Plant (WBN), Unit 1.

The license provides, among other things, that the facility is subject to all rules, regulations, andorders of the Nuclear Regulatory Commission (NRC) now or hereafter in effect. The facilityconsists of one pressurized-water reactor located in Rhea County, Tennessee.

2.0REQUEST/ACTIONSections IV.F.2.b and c of Appendix E to Title 10 of the Code of Federal Regulations(10 CFR) Part 50 require the licensee at each site to conduct an exercise of its onsite emergency plan and of its offsite emergency plans biennially with full or partial participation by each offsite authority having a role under the plan. During such biennial exercises, the NRC evaluates onsite and the Federal Emergency Management Agency (FEMA) evaluates offsite emergency preparedness activities, including interaction with the various State and local emergency management agencies. TVA successfully conducted an exercise at WBN during the week of November 5, 2003. The licensee had scheduled a plume exposure pathway exercise for November 2, 2005,however, due to Hurricane Katrina, the Tennessee Emergency Management Agency (TEMA) was unable to support the exercise. Under the current regulations, the licensee would have haduntil December 31, 2005, to complete their next exercise. Instead, the licensee will conduct anevaluated exercise on June 7, 2006. Future exercises will be scheduled biennially from theyear 2005. The Commission, pursuant to 10 CFR 50.12(a)(1), may grant exemptions from therequirements of 10 CFR Part 50 that are authorized by law, will not present an undue risk topublic 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 exemptionunless special circumstances are present. Under 10 CFR 50.12(a)(2)(ii), special circumstances are present when application of the regulation in the particular circumstances would not servethe underlying purpose of the rule or is not necessary to achieve the underlying purpose of the rule. Under 10 CFR 50.12(a)(2)(v), special circumstances are present whenever the exemption would provide only temporary relief from the applicable regulation and the licensee or applicant has made good faith efforts to comply with the regulation.

3.0DISCUSSION The underlying purpose for conducting a biennial exercise is to ensure that emergencyorganization personnel are familiar with their duties and to test the adequacy of emergencyplans. In order to accommodate the scheduling of exercises, the NRC has allowed licensees toschedule the exercises at any time during the calendar biennium. Conducting the WBN exercise in calendar year 2006 places the exercise past the previously scheduled biennial calender year of 2005.Since the last exercise conducted at WBN on November 5, 2003, WBN has conductedfour training drills, a full scale plume phase off-year exercise on November 3, 2004, and anintegrated training drill on September 28, 2005. The NRC staff considers the intent of thisrequirement is met by having conducted these series of exercises and drills. The NRC staff considers that these measures are adequate to maintain an acceptable level of emergencypreparedness 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 exemption sinceWBN will resume their normal biennial exercise schedule in 2007. The licensee has made agood faith effort to comply with the regulation. The exemption is being sought by the licensee in response to a request by TEMA to postpone the exercise. TEMA was unable to support the original schedule for the exercise due to a series of severe weather events. FEMA stated, "Based on the impact that the response to Hurricane Katrina had on the State of Tennessee,we are agreeing to the postponement of the Watts Bar Nuclear Plant exercise until June 2006." The NRC staff, having considered the schedule and resource issues with thoseagencies that participate in and evaluate the offsite portion of the exercises, concludes that thelicensee made a good faith effort to meet the requirements of the regulation. The NRC staff,therefore, concludes that the exemption request meets the special circumstances of10 CFR 50.12(a)(2)(v) and should be granted.

4.0CONCLUSION

Accordingly, the Commission has determined that, pursuant to 10 CFR 50.12(a), theexemption 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. Also, special circumstances are present. Therefore, the Commission hereby grants TVA an exemption from the requirements of 10 CFR Part 50, Appendix E, Sections IV.F.2.b and c for WBN, Unit 1.Pursuant to 10 CFR 51.32, the Commission has determined that the granting of thisexemption will not have a significant effect on the quality of the human environment (70 FR 76470). This exemption is effective upon issuance.

Dated at Rockville, Maryland, this 20th day of December 2005.FOR THE NUCLEAR REGULATORY COMMISSION/RA/Catherine Haney, Director Division of Operating Reactor Licensing Office of Nuclear Reactor Licensing