ML20128D719

Safety Evaluation Approving Exemption from Requirement of 10CFR50.54(q) to Change to Biennial Emergency Plan Exercise Rather than Annual Following Completion of Next Scheduled Exercise at Plant

ML20128D719
Person / Time
Site:	Fort Saint Vrain
Issue date:	12/01/1992
From:	Office of Nuclear Reactor Regulation
To:
Shared Package
ML20128D696	List: ML20128D693 ML20128D706 ML20128D719 ML20128D728
References
NUDOCS 9212070361
Download: ML20128D719 (3)

Text

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g ....+ f, SMllLEVAlMJ10N BY THE OfflCE Of__hKLEAR REACTOR REGULMlph SVEDRllBD AN EXEMPTION FR.0lL10_fffLSO APPENDIX E RE001REMENTS L111 HSE N0u EPR-34 t@llLSERICE COMPANY Of COLORADQ FORT ST. VRAlF NVfl[AR GL!i((LATING STATION QQIKET !!D. 50-202 1.0 1 H LR. @ K il0B By letter dated May 13, 1992, Public Service Company of Colorado (PSC or the licensee) applied for an exemption from the 10 CfR 50 Appendix E Section IV.F.2 requirement for an annual emergency plan exercise for the fort St.

Vrain Nuclear Generating Station (FSV) during decommissioning. FSV is permanently shut down and all spent fuel has been transferred to PSC's Independent Spent fuel Storage Installation (ISFSI). The current Decommissioning Emergency Response Plan (letter Crawford, PSC to Weiss, NRC, dated March 6, 1992) covers FSV and the adjacent ISfSt.

lhe licensee requested relief from the requirement to perform an annual exercise of the Decommissioning Emergency Plan with a change to a biennial exercise. The licensee is seeking this exemption in consideration of special circumstances in accordance with 10 CFR 50.12(a)(2)(ii) which states that

" 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."

The licensee stated in their application for exemption that they believed the underlying purpose of some emergency plan requirements related solely to an operating nuclear plant where nuclear criticality is common and operational risks are significant in contrast to a defueled plant. The licensee has previously been granted an exemption from offsite emergency response planning requirements of 10 CFR 50.54(q) by NRC letter dated December 31, 1990, in consideration of the plant being in a defueled state, in their application, PSC noted that "10 CFR 30.32 only requires biennial onsite exercises for byproduct materials licensees." The licensee also noted that "10 CFR 70.22 only requires biennial exercises for special nuclear material licensees, as does an NRC proposed rule regarding the content of emergency response plans for Independent fuel Storage Installations."

9212070361 921201 PDR ADOCK 05000267 F PDR

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2.0 EVALUATION lhe licensee's a) plication and current Decommissioning Emergency Response Plans describe t A special-circumstances which differentiate the FSV facility from operating reactors licensed under 10 CFR Part 50. PSC has justified a '

biennial rather than an annual exercise for the emergency response organization with the exception that many of the current staff have not yet participated in any exercise at FSV and thus need to participate in the next ,

scheduled exercise for training purposes. PSC is now in the process of bringing their decommissioning contractor (Westinghouse) and subcontractor personnel on board and a December 1992 emergency plan exercise at FSV will i provide the needed training for the new personnel. Westinghouse will manage and accomplish FSV decommissioning in accordance with a contractual agreement with PSC and the FSV Decommissioning Plan.

The regulatory requirements in 10 CFR Parts 30, 70, and a proposed Part 72 specify biennial rather than annual emergency plan exercises for byproduct, special nuclear material, and ISFSI licensees respectively. In addition, the following factors support the proposed exemption from the annual exercise requirements of 10 CFR Part 50, Appendix E:

1. The FSV reactor was defueled on June 8, 1992, and all spent _ fuel is now in the ISFSI. Therefore, there can be no reactor generated accidents at FSV.

2. On December 31, 1990, the NRC granted PSC an exemption from the provisions of 10 CFR 50.54(q), which require offsite emergency response planning. The NRC staff performed an independent accident analysis for the facility at that time and concluded that offsite doses from an accident would not exceed a small fraction of the EPA protective action guideline value of I rem whole body gamma dose from exposure to airborne radioactive materials.

3. The FS'i Decommissioning Emergency Response Plan which covers the reactor and the ISFSI was implemented on June 8, 1992. No )rotective action is required at offsite locations for any accident at tie reactor or ISFSI.

Accordingly, it is appropriate to levy the same emergency preparedness requirements on the FSV ISFSI and reactor during decommissioning as apply to comparable facilities licensed under other parts of the Commission's regulations. Therefore, biennial exercise of the FSV Emergency Response Plan is acceptable following completion of the December 1992 exercise.

3.0 ENVIRONMENTAL CONSIDERATION

S Pursuant to 10 CFR 51.21, 51.32 and 51.35, an environmental assessment and finding of no significant impact has been prepared and published in the Rd. tral Reoister on November 30,1992 (57FR56606). The Commission has detennined that the issuance of the exemption will not have a significant effect on the quality of the human environment.

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5.0 WELUSIONS 1he Commission has concluded, based on considerations discussed above, that:

(1) there is reasonable assurance that the health and safety of the public will not be endangered by exempting the requirement for annual emergency plan i exercises, (2) the remaining activities will be conducted in compliance with  !

the Commission's regulations, and (3) the issuance of this exemption will not be inimical to the common defense and security or to the health and safety of the public.

Principal Contributors: Dan Barss Peter Erickson r

Date: fMcenter 1,1992  ;

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