[Federal Register Volume 59, Number 157 (Tuesday, August 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20007]
[[Page Unknown]]
[Federal Register: August 16, 1994]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-341
Detroit Edison Company (Fermi, Unit 2); Exemption
I
Detroit Edison (the licensee) is the holder of Facility Operating
License No. NPF-43, which authorizes operation of Fermi 2 at steady
state reactor power levels not in excess of 3430 megawatts thermal.
This license provides, among other things, that the licensee is subject
to all rules, regulations and Orders of the Nuclear Regulatory
Commission (NRC) now or hereafter in effect. The Fermi 2 facility
consists of a boiling water reactor located at the licensee's site in
Monroe County, Michigan.
II
Section 50.54(q) of 10 CFR Part 50 requires a licensee authorized
to operate a nuclear power reactor to follow and maintain in effect
emergency plans that meet the standards of 10 CFR 50.47(b) and the
requirements of Appendix E to 10 CFR Part 50. Section IV.F.3 of
Appendix E requires that each licensee at each site shall exercise with
offsite authorities such that the State and local government emergency
plans for each operating reactor are exercised biennially, with full or
partial participation by State and local governments, within the plume
exposure pathway emergency planning zone. 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, are consistent with the common defense
and security; and (2) present special circumstances. Section
50.12(a)(2)(v) of 10 CFR Part 50 indicates that special circumstances
exist when an exemption would provide only temporary relief from
applicable regulation and the licensee has made good faith efforts to
comply with the regulations.
III
By letter dated April 19, 1994, as supplemented June 23, 1994, the
licensee requested an exemption from the schedule requirement of
Section IV.F.3 of Appendix E to perform a partial participation
emergency preparedness exercise for Fermi 2 during 1994. The licensee
stated in the request that its response to the actual emergency event
which occurred on December 25, 1993, demonstrated the adequacy of its
emergency plan and its ability to successfully respond to an accident.
Granting the exemption will allow the licensee to spend its resources
to repair the damage to the plant and restart the facility.
In the area of emergency preparedness and planning, the licensee's
performance has been excellent. In the last two SALP (systematic
assessment of licensee performance) rating periods, Fermi 2 has
received category 1 ratings in the Emergency Preparedness category and
in the new Plant Support category, which includes emergency
preparedness activities. This reflects a consistent high level of
onsite emergency preparedness.
In addition, the licensee has demonstrated an ongoing commitment to
support and maintain its emergency preparedness program. In the last 18
months, the licensee has conducted five full-scale drills and a medical
drill, and conducted an annual partial participation exercise in July
1993.
On December 25, 1993, an accident occurred at the facility which
resulted in the declaration of an Alert. There was a catastrophic
failure of the turbine generator which caused a reactor scram, a fire,
and significant damage to the turbine auxiliary systems. During the
event, the licensee implemented its Fermi 2 emergency plan and
activated a portion of its emergency response organization, including
the technical support center, operations support center, and alternate
operations support center. The AIT (augmented inspected team) report
covering the event and the response to the event identified some
problems with the licensee's ability to classify the event and perform
personnel accountability. In response to these findings, the licensee
has performed additional training in the simulator, modified and
revised procedures, and conducted an integrated onsite drill on June 8,
1994, to verify the plant staff's capability to classify an event and
to demonstrate personnel accountability.
In its letter requesting an exemption, Detroit Edison included
letters from the two surrounding counties and the State of Michigan.
All three letters concurred with the licensee's request as long as the
licensee will continue to support the September 1994 offsite exercise.
FEMA (Federal Emergency Management Agency) Headquarters and FEMA Region
V have reviewed the request and agree with the position taken by the
State and local officials. The licensee has committed to support the
State and local support agencies by providing communication links,
scenario data and interface staff at the JPIC (joint public information
center).
IV
Based on a consideration of the facts presented in Section III
above, the NRC staff finds that the following factors support the
granting of the requested exemption:
a. The licensee demonstrated adequate response to the December 25,
1993, turbine-generator failure event.
b. FEMA, State and local agencies have indicated agreement with the
proposed exercise exemption for 1994.
c. The licensee has a strong emergency preparedness program, as
indicated by its last two SALP ratings. It has supported its program
with a continuing series of drills to maintain its performance levels.
In response to the AIT inspection and the concerns in the area of event
classification and accountability, the licensee has instituted
additional training, revised its procedures, and held an integrated
drill on June 8, 1994, to demonstrate its ability to classify an event
and account for its staff during an emergency.
d. The licensee has committed to support the State and local
agencies in their September 1994 offsite exercise by supplying scenario
data, communication links and staffing for the JPIC.
e. The licensee will conduct a utility-only exercise in July 1995.
The requested exemption is a one-time event, which will result in
cancelling the partial participation exercise scheduled for September
1994 and rescheduling a utility-only exercise in July 1995. The
exemption will relieve the licensee of the resource burden of
conducting an exercise while trying to repair the damage to the
facility and return the plant to service. Based on the factors
considered above, the Commission has concluded that granting the
proposed exemption will not result in a decrease in the effectiveness
of the licensee's emergency preparedness program.
The special circumstances for granting this exemption pursuant to
10 CFR 50.12 have also been identified. As stated in part in 10 CFR
50.12(a)(2)(v), special circumstances are present when the exemption
would provide only temporary relief from the applicable regulation and
the licensee has made a good faith effort to comply with the
regulation. The licensee has made a good faith effort to comply with
the regulations by conducting the required full-participation exercises
at Fermi 2 with the State and local government agencies since 1985. The
licensee has taken into consideration the various concerns of FEMA and
the local governments by supporting the September exercise being
conducted by the State and local governments. All affected parties
support the proposed exercise schedule change. Granting the proposed
exemption provides a one-time only relief from the requirement of 10
CFR 50, Appendix E, Section IV.F.3. Therefore, the Commission concludes
that special circumstances are present.
V
Accordingly, the NRC has determined that, pursuant to 10 CFR
50.12(a)(2), the exemption requested by the licensee's letter of April
19, 1994, as supplemented June 23, 1994, 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. The NRC further
determines that special circumstances as provided in 10 CFR
50.12(a)(2)(v) are present justifying the exemption. Therefore, the NRC
hereby approves the following exemption:
Fermi 2 is exempt from the requirements of 10 CFR Part 50, Appendix
E, Section IV.F.3, for the conduct of a partial participation emergency
preparedness exercise in 1994, provided that a utility-only exercise be
conducted by July 1995.
Pursuant to 10 CFR 51.32, the NRC has determined that the granting
of this exemption will have no significant effect on the quality of
human environment (59 FR 40626).
This exemption is effective upon issuance.
Dated at Rockville, Maryland this 10th day of August 1994.
For the Nuclear Regulatory Commission.
Jack W. Roe,
Director, Division of Reactor Projects III/VI, Office of Nuclear
Reactor Regulation.
[FR Doc. 94-20007 Filed 8-15-94; 8:45 am]
BILLING CODE 7590-01-M
