[Federal Register Volume 59, Number 212 (Thursday, November 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27251]
[[Page Unknown]]
[Federal Register: November 3, 1994]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-424, 50-425]
Georgia Power Company; (Vogtle Electric Generating Plant, Units 1
and 2)
Exemption
I
Georgia Power Company (GPC or the licensee) is the holder of
Facility Operating License Nos. NPF-68 and NPF-81, which authorize
operation of the Vogtle Electric Generating Plant, Units 1 and 2 (the
facilities) at steady-state reactor power level not in excess of 3411
megawatts thermal, each. The license providers, among other things,
that it is subject to all rules, regulations, and Orders of the Nuclear
Regulatory Commission (the Commission or NRC) now or hereafter in
effect. Each unit at the facility consists of a pressurized water
reactor located at the licensee's site in Burke County, Georgia.
II
Section 50.54(q) of Title 10 of the Code of Federal Regulations
requires a licensee authorized to operate a nuclear power reactor to
follow and maintain in effect emergency plans which meet the standards
of 10 CFR 50.47(b) and the requirements of Appendix E to 10 CFR 50.
Section IV.F.2 of Appendix E requires that each licensee annually
exercise its emergency plan. Section IV.F.3 of Appendix E requires that
each licensee shall exercise with offsite authorities such that the
State and local government emergency plans are exercised biennially.
The NRC may grant exemptions from the requirements of the
regulations which, pursuant to 10 CFR 50.12(a) 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)
present special circumstances. Special circumstances exist when
application of the regulation in the particular circumstance would not
serve the underlying purpose of the rule or is not necessary to achieve
the underlying purpose of the rule (10 CFR 50.12(a)(2) (ii)). Special
circumstances also exist when the exemption would provide only
temporary relief from the applicable regulation and the licensee has
made good faith efforts to comply with the regulation (10 CFR
50.12(a)(2)(v)). The underlying purpose of 10 CFR 50, Appendix E,
Sections IV.F.2 and IV.F.3, is to demonstrate that the emergency plans
are adequate and capable of being implemented, and that the state of
emergency preparedness provides reasonable assurance that adequate
protective measures can and will be taken in the event of a
radiological emergency.
III
By letter dated July 21, 1994, the licensee requested an exemption
from the requirements of 10 CFR 50.47 and Appendix E to conduct an
annual exercise of the Vogtle Emergency Plan in 1994. The licensee had
planned to conduct a full-participation exercise involving both the
states of Georgia and South Carolina and local response organizations
on July 27, 1994. The licensee requested that an exemption be granted
because the state of Georgia requested to delay the 1994 annual
exercise from July 27, 1994, to January 11, 1995. The request to move
the exercise date was originated by the Georgia Emergency Management
Agency (GEMA) because they would be unable to participate on July 27,
1994, as GEMA personnel were required to respond to a federally-
declared flood disaster in South Georgia. This proposed delay will
prevent Vogtle from meeting the annual requirement to exercise the
Vogtle emergency plan as specified in Appendix E to 10 CFR 50, and
therefore, GPC requested a schedular exemption.
The previous emergency preparedness exercise at Vogtle was
successfully conducted on August 4, 1993, and no violations, deviations
or exercise weaknesses were identified. Offsite participation was
limited to receiving Emergency Notification Messages. A joint plume and
ingestion exposure pathway exercise involving the States of Georgia and
South Carolina and the four local governmental agencies was conducted
on May 19, 1992.
The licensee had scheduled, planned and coordinated the 1994
exercise with participating Federal, State, and local agencies for mid-
July. The scope and objectives, and the final scenario documentation
for the July 1994 exercise were submitted to the NRC on April 14, 1994,
and May 17, 1994, respectively, which is within the time frames
established for their submittal in support of a July 1994 exercise.
Thereby, the licensee demonstrated good faith effort in attempting to
comply with the regulation.
The schedule for future exercises will not be affected by this
exemption. GPC has stated it will conduct the previously scheduled 1995
exercise the week of July 19, 1995, as planned. The licensee states
that concurrence for the proposed date of January 11, 1995, has been
received from FEMA, NRC Region II, and the affected State and local
agencies. FEMA confirmed its support for the revised exercise date on
September 1, 1994.
The most recent NRC Systematic Assessment of Licensee Performance
(SALP) report for Vogtle, issued on August 12, 1994, for the period
January 3, 1993, through July 2, 1994, indicates that the performance
of the emergency preparedness program was strong; weaknesses observed
during the previous assessment period (relating to state and local
staff notification and protective action recommendations) were
effectively addressed and observed to be corrected during the 1993
annual exercise; performance during the conversion to new emergency
action levels was effective and well controlled; training of shift
supervisors and off-site personnel was excellent; attention to
emergency response facility and equipment material condition continued
to be effective; and overall, excellent emergency preparedness program
performance was demonstrated by proper classification and reporting of
three events.
IV
Based upon a review of the licensee's request for an exemption from
the requirement to conduct an exercise of the Vogtle emergency plan
in1994, the NRC staff finds that the underlying purpose of the
regulation will not be adversely affected by the rescheduling of the
July 27, 1994 exercise to January 11, 1995. The effective response
capability demonstrated by the licensee during the 1993 emergency
preparedness exercise, the activities in preparation for the 1994
exercise, including a table top exercise with the states and counties
and the readiness of the licensee's emergency preparedness program as
reflected in its SALP rating and the most recent inspection report,
provide assurance that the resources and personnel necessary for proper
emergency response are in place to respond to a nuclear emergency at
the Vogtle site. Thus, an exercise in 1994 is not necessary to achieve
the underlying purpose of the rule and the requested exemption from the
requirement in 10 CFR Part 50, Appendix E, Section IV.F, to defer the
performance of an exercise of the Vogtle emergency plan until January
11, 1995, will not adversely affect the overall state of emergency
preparedness at the Vogtle site.
For these reasons, the Commission has determined that, pursuant to
10 CFR 50.12, the exemption requested by the licensee's letter of July
21, 1994, as discussed above, 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, and that special circumstances are present
as set forth in 10 CFR 50.12(a)(2) (ii) and (v).
Pursuant to 10 CFR 51.32, the Commission has determined that
granting this exemption will have no significant impact on the
environment (59 FR 52841 dated October 20, 1994).
This Exemption is effective upon issuance.
Dated at Rockville, Maryland this 26th day of October, 1994.
For the Nuclear Regulatory Commission.
Steven A. Varga,
Director, Division of Reactor Projects--I/II, Office of Nuclear Reactor
Regulation.
[FR Doc. 94-27251 Filed 11-2-94; 8:45 am]
BILLING CODE 7590-01-M
