[Federal Register Volume 76, Number 198 (Thursday, October 13, 2011)]
[Notices]
[Pages 63668-63670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-26488]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-285; NRC-2011-0239]
Omaha Public Power District; Fort Calhoun Station, Unit 1;
Exemption
1.0 Background
Omaha Public Power District (OPPD or the licensee) is the holder of
Renewed Facility Operating License No. DPR-40, which authorizes
operation of the Fort Calhoun Station, Unit 1 (FCS). 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 a pressurized-water reactor located in
Washington County, Nebraska.
2.0 Request/Action
Title 10 of the Code of Federal Regulations (10 CFR), part 50,
Appendix E, Sections IV.F.2.b and c require each licensee at each site
to conduct an exercise of its onsite and offsite emergency plans
biennially with full participation by each offsite authority having a
role under the radiological response plan. During a biennial full
participation emergency preparedness (EP) exercise, the NRC evaluates
onsite EP activities while the Federal Emergency Management Agency
(FEMA) evaluates offsite EP activities. FEMA's evaluation includes
interactions with State and local
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emergency management agencies (EMAs).
On June 6, 2011, FCS personnel declared a Notification of Unusual
Event (NOUE) due to flooding of the Missouri River impacting FCS
operation. The emergency condition was exited on August 29, 2011, when
the Missouri River water level receded below the NOUE entry conditions.
The states of Nebraska and Iowa expected Missouri River flood
conditions to continue through the summer of 2011, followed by an
extensive cleanup/recovery process into the last quarter of calendar
year 2011.
FCS successfully conducted a full-participation EP exercise during
the week of July 21, 2009. The licensee had scheduled its next full-
participation biennial EP exercise for October 18, 2011; however, due
to the impact of existing and projected Missouri River flood conditions
on FCS and state and local recovery efforts, the licensee is requesting
a deferral of its scheduled full-participation EP exercise until
calendar year 2012.
The licensee states that this exemption request is justified by the
existing and projected flood conditions of the Missouri River at FCS
and its impact of the recovery actions on plant personnel, including
emergency preparedness and response personnel. The licensee further
states that the flood conditions have had a significant impact on the
EMAs in Nebraska, Iowa, and local communities. State and local
government agencies and response organizations required to participate
in the FCS biennial EP exercise are directly involved in the response,
recovery, and other continuing activities associated with the flooding
of the Missouri River. It is in the best interest of the public to
allow continued support of these ongoing efforts by the affected
government agencies and response organizations without unnecessary
distractions.
By letters dated July 28, 2011, the Nebraska and Iowa EMAs formally
requested FEMA to defer the evaluation of offsite response
organizations at FCS (Agencywide Documents Access and Management System
(ADAMS) Accession Nos. ML112521454 and ML112521462, respectively). By
letters to the Nebraska and Iowa EMAs dated August 18, 2011 (ADAMS
Accession Nos. ML112420741 and ML112420753, respectively), FEMA agreed
to the proposed postponement of the 2011 plume exposure pathway EP
exercise until 2012.
Only temporary relief from the regulations is requested. FCS will
resume its normal biennial EP exercise schedule in 2013.
3.0 Discussion
Pursuant to 10 CFR 50.12, the Commission may, upon application by
any interested person or upon its own initiative, grant exemptions from
the requirements of 10 CFR part 50 when the exemptions are (1)
authorized by law, will not present an undue risk to the public health
and safety, and are consistent with the common defense and security;
and (2) special circumstances are present. These special circumstances
include the impact on the licensee's resources in support of onsite
recovery actions and the impact on state and local government agencies
and response organizations directly involved in the response, recovery,
and other continuing activities associated with the Missouri River
flooding.
Authorized by Law
This exemption would allow the licensee to accommodate impacts on
onsite and offsite resources by postponing the biennial EP exercise
from the previously scheduled date of October 18, 2011, until 2012.
As stated above, 10 CFR 50.12 allows the NRC to grant exemptions
from the requirements of 10 CFR part 50. The NRC staff has determined
that granting of the licensee's proposed exemption will not result in a
violation of the Atomic Energy Act of 1954, as amended, or the
Commission's regulations. Therefore, the exemption is authorized by
law.
No Undue Risk to Public Health and Safety
The underlying purposes for conducting a biennial full-
participation EP exercise are to ensure that emergency organization
personnel are familiar with their duties and to test the adequacy of
emergency plans. Additionally, 10 CFR part 50 Appendix E, Section
IV.F.2.b requires licensees to maintain adequate emergency response
capabilities during the intervals between biennial EP exercises by
conducting drills to exercise the principal functional areas of
emergency response. In order to accommodate the scheduling of full
participation EP exercises, the NRC has allowed licensees to schedule
the exercises at any time during the calendar biennium. Conducting the
FCS full-participation EP exercise in calendar year 2012 places the
exercise past the previously scheduled biennial calendar year of 2011.
The previous biennial full participation EP exercise of the FCS
emergency plan was performed on July 21, 2009. The results of this
exercise revealed that the overall performance of the emergency
response organization demonstrated the implementation of adequate
onsite emergency plans. The NRC evaluated the 2009 biennial EP exercise
and provided the evaluation results in NRC integrated inspection report
05000285/2009004 dated November 13, 2009 (ADAMS Accession No.
ML093170424). No NRC findings of significance with respect to the EP
exercise were identified.
OPPD completed several drills and an off-year exercise subsequent
to the July 21, 2009, exercise. Details on the drills and exercise were
provided in Table 1 of Attachment 2 to the licensee's exemption request
dated July 29, 2011 (ADAMS Accession No. ML112130144). The drills and
off-year exercise encompassed the principal functional areas of
emergency response, including management, coordination of emergency
response, accident assessment, protective action decision making,
public alerting and notification procedures, and plant systems
diagnostics, repairs, and corrective actions.
The NRC staff considers the intent of 10 CFR Part 50, Appendix E,
Sections IV.F.2.b and c met by having conducted this series of training
drills.
Based on the above, no new accident precursors are created by
allowing the licensee to postpone the biennial full participation EP
exercise until 2012. Thus, the probability and consequences of
postulated accidents are not increased. Therefore, there is no undue
risk to public health and safety.
Consistent With Common Defense and Security
The proposed exemption would allow FCS to reschedule its biennial
full participation EP exercise, originally scheduled for October 18,
2011, to a date mutually agreeable to the NRC, OPPD, and other affected
offsite agencies in 2012. This change to the EP exercise schedule has
no relation to security issues. Therefore, the common defense and
security is not impacted by this exemption.
Special Circumstances
Pursuant to 10 CFR 50.12(a)(2), the NRC will consider granting an
exemption to the regulations if special circumstances are present. This
exemption request meets the special circumstances of paragraphs:
(a)(2)(ii) 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;
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(a)(2)(iv) The exemption would result in benefit to the public
health and safety that compensates for any decrease in safety that
may result from the grant of the exemption;
(a)(2)(v) 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.
With respect to 10 CFR 50.12(a)(2)(ii), the underlying purpose of
10 CFR part 50, Appendix E, Sections IV.F.2.b and c are to ensure that
emergency response organization personnel are familiar with their
duties, to test the adequacy of emergency plans, and to identify and
correct weaknesses. The intent of this requirement is also met by the
scheduled emergency plan participation drills and exercises, and
provides a benefit by allowing for more opportunities for training of
response personnel.
The training drills and off-year exercise conducted at FCS since
the last biennial full participation EP exercise on July 21, 2009, have
demonstrated the capability of onsite and offsite personnel, meeting
the intent of these requirements. These measures are adequate to
maintain an acceptable level of emergency preparedness, satisfying the
underlying purpose of the rule. Therefore, the special circumstances of
10 CFR 50.12(a)(2)(ii) are satisfied.
With respect to 10 CFR 50.12(a)(2)(iv), the licensee states that
the state and local government agencies and response organizations that
are required to participate in the FCS biennial EP exercise are
directly involved in the response, recovery, and other continuing
activities associated with the Missouri River floods, straining the
resources of the emergency management teams. Therefore, requiring them
to divert their efforts to perform an EP exercise may result in undue
stress and risk to the general public and plant personnel. Allowing the
affected state and local government agencies, and response
organizations to continue their undistracted efforts in response to the
Missouri River flood conditions is in the best interest of the public.
Therefore, the special circumstances of 10 CFR 50.12(a)(2)(iv) are
satisfied.
With respect to 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 requested exemption is
a one-time schedule exemption to allow deferral of the biennial full
participation EP exercise of the FCS emergency plan from October 18,
2011, until calendar year 2012 on a date mutually agreeable to the NRC,
OPPD, and other affected offsite agencies. OPPD is only requesting
temporary relief from the regulation as FCS will resume its normal
biennial EP exercise schedule in 2013.
Full participation in the biennial EP exercise of affected offsite
government agencies and response organizations had been established and
coordinated until it was determined that participation in the biennial
exercise would hinder the offsite agencies in the response, recovery,
and other activities associated with the Missouri River flooding. The
licensee has made good faith efforts to comply with the regulations as
the conditions necessitating the requested exemption could not have
been foreseen and are beyond the control of OPPD personnel. The
requested exemption would provide only temporary relief from the
applicable regulation and the licensee has made a good faith effort to
comply with the regulation. Therefore, the special circumstances of 10
CFR 50.12(a)(2)(v) are satisfied.
Thus, this exemption request meets the special circumstances of 10
CFR 50.12(a)(2).
4.0 Environmental Consideration
This exemption authorizes a one-time exemption from the
requirements of 10 CFR 50 Appendix E, Sections IV.F.2.b and c for FCS.
The NRC staff has determined that this exemption involves no
significant hazards considerations:
(1) The proposed exemption is limited to postponing the 2011
biennial full-participation EP exercise for FCS until 2012 on a one-
time only basis. The proposed exemption does not make any changes to
the facility or operating procedures and does not alter the design,
function or operation of any plant equipment. Therefore, issuance of
this exemption does not increase the probability or consequences of an
accident previously evaluated.
(2) The proposed exemption is limited to postponing the 2011 full-
participation EP biennial exercise for FCS until 2012 on a one-time
only basis. The proposed exemption does not make any changes to the
facility or operating procedures and would not create any new accident
initiators. The proposed exemption does not alter the design, function
or operation of any plant equipment. Therefore, this exemption does not
create the possibility of a new or different kind of accident from any
accident previously evaluated.
(3) The proposed exemption is limited to postponing the 2011
biennial full-participation EP exercise for FCS until 2012 on a one-
time only basis. The proposed exemption does not alter the design,
function or operation of any plant equipment. Therefore, this exemption
does not involve a significant reduction in the margin of safety.
Based on the above, the NRC staff concludes that the proposed
exemption does not involve a significant hazards consideration under
the standards set forth in 10 CFR 50.92(c), and accordingly, a finding
of ``no significant hazards consideration'' is justified.
The NRC staff has also determined that the exemption involves no
significant increase in the amounts, and no significant change in the
types, of any effluents that may be released offsite; that there is no
significant increase in individual or cumulative occupational radiation
exposure; that there is no significant construction impact; and there
is no significant increase in the potential for or consequences from a
radiological accident. Furthermore, the requirement from which the
licensee will be exempted involves scheduling requirements.
Accordingly, the exemption meets the eligibility criteria for
categorical exclusion set forth in 10 CFR 51.22(c)(25). Pursuant to 10
CFR 51.22(b) no environmental impact statement or environmental
assessment need be prepared in connection with the issuance of the
exemption.
5.0 Conclusion
Accordingly, the Commission has determined that, pursuant to 10 CFR
50.12, 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 OPPD an exemption from the
requirements of 10 CFR part 50, Appendix E, sections IV.F.2.b and c to
conduct the biennial full participation EP exercise required for 2011,
and to permit the exercise to be conducted by 2012 for FCS.
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 5th day of October 2011.
For the Nuclear Regulatory Commission.
Michele G. Evans,
Director, Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
[FR Doc. 2011-26488 Filed 10-12-11; 8:45 am]
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