[Federal Register Volume 59, Number 125 (Thursday, June 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15944]
[[Page Unknown]]
[Federal Register: June 30, 1994]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-482]
Wolf Creek Nuclear Operating Corp.; (Wolf Creek Generating
Station, Unit 1) Exemption
I
On June 4, 1985, the Commission issued Facility Operating License
No. NPF-42 to Wolf Creek Nuclear Operating Corporation (the licensee)
for Wolf Creek Generating Station, Unit 1. The license provides, among
other things, that it is subject to all rules, regulations, and orders
of the Nuclear Regulatory Commission (the Commission) now and hereafter
in effect.
II
Section 50.54(q) of 10 CFR part 50 requires a licensee authorized
to operate a nuclear power plant 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 Part 50. The subject exemption is
from the requirement of Section IV.F.2 of Appendix E to 10 CFR Part 50
which requires each licensee at each site to annually exercise its
emergency plan.
The NRC may grant exemptions from the requirements of the
regulations, pursuant to 10 CFR 50.12, that (1) are 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. Section 50.12(a)(2) of 10 CFR Part 50 describes
special circumstances as including cases that provide only temporary
relief from the applicable regulation when the licensee has made good
faith efforts to comply with the regulation.
III
By letter dated March 8, 1994, the licensee requested a one-time
exemption from the requirements to conduct an annual exercise of the
Wolf Creek emergency plan pursuant to Section IV.F.2 of Appendix E to
10 CFR Part 50. The licensee had planned to conduct the 1994 annual
radiological emergency response plan exercise on June 29, 1994. Full
participation with the State of Kansas and affected counties was not
required during the 1994 exercise. The previous emergency preparedness
exercise for Wolf Creek Generating Station was conducted in December
1993. The licensee requested an exemption in order to allow for the
approval and implementation of revised emergency classification
criteria and to avoid conflict with the seventh refueling outage,
currently scheduled to begin in September 1994. The proposed exemption
would not affect the requirement to conduct the normally scheduled 1995
annual exercise.
The proposed exemption provides only temporary relief to delay the
annual exercise in order to afford the licensee an opportunity to
implement revised emergency classification procedures and avoid
conflict with a scheduled refueling outage. The exercise has been
tentatively rescheduled for February 1995 which would result in an
approximate fourteen month interval between the 1993 and rescheduled
1994 exercises.
Section 50.47(a)(4) of 10 CFR Part 50 and Section IV.B of Appendix
E to 10 CFR Part 50 require an emergency classification and action
level scheme for use by licensees and government response
organizations. Regulatory Guide 1.101, ``Emergency Planning and
Preparedness for Nuclear Power Reactors,'' Revision 3, August 1992,
accepted guidance contained in NUMARC/NESP-007 (Revision 2, January
1992), ``Methodology for Development of Emergency Action Levels'' as an
alternative to NUREG-0654/FEP-REP-1, ``Criteria for Preparation and
Evaluation of Radiological Response Plans and Preparedness in Support
of Nuclear Power Plants'' for the preparation of emergency action
levels. By letter dated December 15, 1993, the licensee requested NRC
review and approval of revised emergency action levels developed using
the guidance of NUMARC/NESP-007. The proposed exemption was requested,
in part, to accommodate the transition to the revised emergency action
levels. The transition period includes time for NRC review and training
of licensee personnel on the revised emergency action levels.
Conducting an emergency exercise prior to the implementation of the
revised emergency action levels would significantly reduce potential
benefits since important emergency classification procedures would be
superseded shortly after the exercise.
Scheduling the exercise for the latter portions of 1994, following
implementation of the revised emergency action levels, results in a
conflict with the planning and execution of the seventh refueling
outage, currently scheduled to begin in September 1994. Both
activities, the exercise and refueling outage, are resource intensive
and require focused management attention. Therefore, it is undesirable
to schedule them for the same time period.
The proposed exemption would result in an interval between
exercises of approximately fourteen months. Although slightly longer
than the twelve month period specified by the regulations, the proposed
interval adequately addresses the underlying purpose of the rule
regarding periodic exercises. In addition to the December 1993
exercise, the licensee conducts smaller scale emergency plan drills and
has stated that emergency response team members will participate in
such a drill during the first half of 1994. These activities ensure
that licensee personnel and equipment remain capable of responding
during an emergency.
On this basis, the NRC staff finds that the licensee has
demonstrated that special circumstances are present as required by 10
CFR 50.12(a)(2). Further the staff also finds that a delay in the 1994
exercise until early in 1995 will not present an undue risk to the
public health and safety.
IV
Accordingly, the Commission has determined pursuant to 10 CFR
50.12, this exemption is authorized by law and will not endanger life
or property or the common defense and security and is otherwise in the
public interest. Therefore, the Commission hereby grants Wolf Creek
Nuclear Operating Corporation an exemption from the requirements of 10
CFR 50, Appendix E, Paragraph IV.F.2.
Pursuant to 10 CFR 51.32, the Commission has determined that the
granting of this exemption will have no significant impact on the
environment (59 FR 27076).
Dated at Rockville, Maryland this 23rd day of June 1994.
For the Nuclear Regulatory Commission.
Jack W. Roe,
Director, Division of Reactor Projects III/IV, Office of Nuclear
Reactor Regulation.
[FR Doc. 94-15944 Filed 6-29-94; 8:45 am]
BILLING CODE 7590-01-M