ML050250430

EA, Exemption from 10 CFR Part 50, Appendix E, Section IV.F.2.b & C (TAC No. MC5395, MC5396)

ML050250430
Person / Time
Site:	Farley
Issue date:	04/13/2005
From:	Sean Peters NRC/NRR/DLPM/LPD2
To:	Stinson L Southern Nuclear Operating Co
Peters S, NRR/DLPM, 415-1842
References
TAC MC5395, TAC MC5396
Download: ML050250430 (7)

Text

April 13, 2005 Mr. L. M. Stinson Vice President - Farley Project Southern Nuclear Operating Company, Inc.

P.O. Box 1295 Birmingham, AL 35201-1295

SUBJECT:

JOSEPH M. FARLEY NUCLEAR PLANT, UNITS 1 AND 2, TEMPORARY EXEMPTION FROM THE REQUIREMENTS OF 10 CFR PART 50, APPENDIX E, SECTION IV.F.2.b AND c (TAC NOS. MC5395 AND MC5396)

Dear Mr. Stinson:

The Nuclear Regulatory Commission (NRC) has approved the enclosed exemption from specific requirements of Title 10 of the Code of Federal Regulations (10 CFR) Part 50, Appendix E,Section IV.F.2.b and c for Joseph M. Farley Nuclear Plant, Units 1 and 2.

Your letter dated December 13, 2004, requested an exemption to allow the full participation biennial exercise to be rescheduled to August 24 and 25, 2005, and it referenced the requirements of Appendix E,Section IV.F.2.e that address the full participation by each offsite authority having a role under the plan. The NRC staff does not find that the requirements of Section IV.F.2.e are applicable to the circumstances of your request and, accordingly, no exemption from those requirements is being granted. However, the NRC staff does find that an exemption from the requirements of Section IV.2.b and 2.c is appropriate for the circumstances of your request. Accordingly, a one-time exemption from those requirements is being granted for the rescheduling of the exercise to August 24 and 25, 2005. The NRC staff understands that future full-participation exercises would be scheduled biennially from the year 2004.

Regarding the timing of your request for exemption, we are aware that you submitted your request on December 10, 2004, soon after the Federal Emergency Management Agencys letter of November 23, 2004, approving the revised schedule for the exercise. However, it is the NRC staffs understanding that you recognized shortly after the September 2004 exercise that it would be unlikely that you would be able to meet your regulatory requirement to conduct a full participation exercise prior to the end of 2004. Should similar circumstances arise in the future, wherein, you know an exemption or other regulatory action will be required to prevent you from violating your license for reasons beyond your control, you should provide the earliest practical written notice to the NRC staff of that condition. Such notice would enable the NRC staff to process your request in a timely manner once submitted and will help ensure you remain in compliance with the schedular requirements of the Emergency Planing regulations

A copy of the exemption has been forwarded to the Office of the Federal Register for publication.

Sincerely,

/RA/

Sean Peters, Project Manager, Section 1 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-348 and 50-364

Enclosure:

Exemption cc w/encl: See next page

Joseph M. Farley Nuclear Plant, Units 1 & 2 cc:

Mr. J. R. Johnson William D. Oldfield General Manager SAER Supervisor Southern Nuclear Operating Company, Inc. Southern Nuclear Operating Company, Inc.

P.O. Box 470 P.O. Box 470 Ashford, AL 36312 Ashford, AL 36312 Mr. B. D. McKinney, Licensing Manager Southern Nuclear Operating Company, Inc.

P.O. Box 1295 Birmingham, AL 35201-1295 Mr. M. Stanford Blanton Balch and Bingham Law Firm P.O. Box 306 1710 Sixth Avenue North Birmingham, AL 35201 Mr. J. Gasser Executive Vice President Southern Nuclear Operating Company, Inc.

P.O. Box 1295 Birmingham, AL 35201 State Health Officer Alabama Department of Public Health 434 Monroe St.

Montgomery, AL 36130-1701 Chairman Houston County Commission P.O. Box 6406 Dothan, AL 36302 Resident Inspector U.S. Nuclear Regulatory Commission 7388 N. State Highway 95 Columbia, AL 36319

A copy of the exemption has been forwarded to the Office of the Federal Register for publication.

Sincerely,

/RA/

Sean Peters, Project Manager, Section 1 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-348 and 50-364

Enclosure:

Exemption cc w/encl: See next page Distribution: See next page ADAMS Accession Number: ML050250430 NRR-042 Office PDII-1/PM PDII-1/LA PDII-1/SC NSIR/EP OGC PDII/D DLPM/D Name SPeters CHawes JNakoski NManish MWoods EHackett LMarsh Date 03/31/05 03/31/05 03/31/05 1/14/05 1/21/05 03/31/05 04/05/05 OFFICIAL RECORD COPY

SUBJECT:

JOSEPH M. FARLEY NUCLEAR PLANT, UNITS 1 AND 2, TEMPORARY EXEMPTION FROM THE REQUIREMENTS OF 10 CFR PART 50, APPENDIX E, SECTION IV.F.2.b AND c (TAC NOS. MC5395 AND MC5396)

DATED: _ _April 13, 2005____________________

Distribution PUBLIC PDII-1R/F RidsNrrDlpmLpdii (EHackett)

RidsNrrDlpmLpdii1(JNakoski)

RidsNrrPMSPeters CHawes (Hard Copy)

RidsOgcRp GHill (4 Hard Copies)

Rids AcrsAcnwMailCenter RidsRgn2MailCenter (BBonser)

RidsNrrDlpmDpr THsia NMamish TMintz

7590-01-P UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION SOUTHERN NUCLEAR OPERATING COMPANY JOSEPH M. FARLEY NUCLEAR POWER PLANT, UNITS 1 AND 2 DOCKET NOS. 50-348 AND 50-364 EXEMPTION

1.0 BACKGROUND

The Southern Nuclear Operating Company (SNC or the licensee) is the holder of Facility Operating License Nos. NPF-2 and NPF-8 that authorizes operation of Joseph M. Farley Nuclear Power Plant (FNP), Units 1 and 2. The license provides, among other things, that the facility is subject to all rules, regulations, and orders of the Nuclear Regulatory Commission (NRC, the Commission) now or hereafter in effect.

The facility consists of two pressurized-water reactors located in Houston County, Alabama.

2.0 REQUEST/ACTION Section IV.F.2.b and c of Appendix E, to Title 10 of the Code of Federal Regulations (10 CFR) Part 50 requires the licensee at each site to conduct an exercise of its onsite emergency plan and of its offsite emergency plans biennially with full participation by each offsite authority having a role under the plan. During such biennial full participation 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 (EMA). SNC successfully conducted a full-participation exercise at FNP during the week of August 21, 2002.

The licensee had scheduled a full participation plume exposure pathway exercise for August 18, 2004, however, due to Hurricane Charley, Alabama EMA and FEMA were unable to support the exercise. Under the current regulations, the licensee would have had until December 31, 2004, to complete their next full-participation exercise. The licensee will conduct a Federally observed full-participation emergency exercise August 24-25, 2005. Future full-participation exercises will be scheduled biennially from the year 2004.

By letter dated December 13, 2004, the licensee requested an exemption from Section IV.F.2.e of Appendix E to 10 CFR Part 50 regarding the full participation by each offsite authority having a role under the plan. The NRC staff determined that the requirements of Section IV.F.2.e are not applicable to the circumstances of the licensees request and, accordingly, no exemption from those requirements is being granted. However, the NRC staff has determined that the requirements of Appendix E to 10 CFR Part 50, Sections IV.F.2.b and 2.c are applicable to the circumstances of the licensees request and that an exemption from those requirements is appropriate.

3.0 DISCUSSION 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 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)(2)(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 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.

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 adequacy of emergency plans. In order to accommodate the scheduling of full participation exercises, the NRC has allowed licensees to schedule the exercises at any time during the calendar biennium.

Conducting the FNP full-participation exercise in calendar year 2005 places the exercise past the previously scheduled biennial calender year of 2004.

Since the last full-participation exercise conducted at FNP on August 21, 2002, FNP has conducted two annual, Full Scale Plume Phase exercises on August 27, 2003, and July 28, 2004. In addition, the licensee conducted an offhour/unannounced exercise on September 23, 2003. Six other drills were also conducted. The NRC staff considers the intent of this requirement 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 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 exemption since FNP will resume their normal biennial exercise schedule in 2006. The licensee has made a good faith effort to comply with the regulation. The exemption is being sought by the licensee in response to a request by Alabama EMA and FEMA to postpone the exercise. Alabama EMA and FEMA were unable to support the original schedule for the exercise due to a series of severe weather events. FEMA stated that they support the newly scheduled August 24-25, 2005, exercise in a letter to the licensee dated October 21, 2004.

The NRC staff, having considered the schedule and resource issues with those agencies that participate in and evaluate the offsite portion of the full-participation exercises, concludes that the licensee 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 of 10 CFR 50.12(a)(2)(v) and should be granted.

4.0 CONCLUSION

Accordingly, the Commission has determined that, pursuant to 10 CFR 50.12(a), the exemption 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 SNC an exemption from the requirements of 10 CFR Part 50, Appendix E, Section IV.F.2.b and c for FNP, Units 1 and 2.

Pursuant to 10 CFR 51.32, the Commission has determined that the granting of this exemption will not have a significant effect on the quality of the human environment (70 FR 19107).

This exemption is effective upon issuance.

Dated at Rockville, Maryland, this 13th day of April.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

Ledyard B. Marsh, Director Division of Licensing Project Management Office of Nuclear Reactor Regulation