Northeast Nuclear Energy Company, et al. (Millstone Nuclear Power Station, Unit Nos. 1, 2, and 3); Exemption

NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-245, 50-336 and 50-423]

Northeast Nuclear Energy Company, et al. (Millstone Nuclear Power

Station, Unit Nos. 1, 2, and 3); Exemption

I

Northeast Nuclear Energy Company, et al. (NNECO or the licensee) is

the holder of Facility Operating License Nos. DPR-21, NPF-65, and NPF-

49, which authorize operation of the Millstone Nuclear Power Station,

Units 1, 2, and 3 (Millstone or the facilities). The facilities consist

of two pressurized-water reactors (Units 2 and 3) licensed for

operation and one boiling-water reactor (Unit 1) that is being

decommissioned, located at the licensee's site in New London County,

Connecticut. The licenses provide, among other things, that the

licensee is subject to all rules, regulations, and orders of the U.S.

Nuclear Regulatory Commission (NRC or the Commission) now or hereafter

in effect.

II

Section IV.F.2.c of Appendix E to 10 CFR part 50 requires each

licensee at each site to conduct an exercise of offsite emergency plans

biennially with full participation by each offsite authority having a

role under the plan. During such biennial full-participation exercises,

the NRC evaluates onsite and the Federal Emergency Management Agency

(FEMA) evaluates offsite emergency preparedness activities. NNECO

successfully conducted a full-participation exercise during the week of

August 21, 1997. By letter dated August 3, 1999, the licensee requested

an exemption from Sections IV.F.2.c of Appendix E regarding the conduct

of a full-participation exercise in September 1999. The licensee will

conduct the Federally observed full-participation emergency exercise

before the end of March 2000 rather than September 1999. Future full-

participation exercises will be scheduled biennially from the year

2000. The NRC has provided flexibility in scheduling these exercises by

allowing licensees to schedule full-participation exercises at any time

during the biennial calendar year. This provides a 12 to 36 month

window to schedule full-participation exercises while still meeting the

biennial requirement specified in the regulations. Conducting the

Millstone full-participation exercise in calendar year 2000 places the

exercise past the previously scheduled biennial calendar year of 1999.

This one-time change in the exercise schedule would increase the

interval between full-participation exercises in this one instance from

the previously scheduled 25 months to 31 months, which is within the

time span normally accepted for biennial exercises.

The Commission, pursuant to 10 CFR 50.12(a)(1), may grant

exemptions from the requirements of 10 CFR part 50 that are authorized

by law, will not present an undue risk to public health and safety, and

are consistent with the common defense and security. The Commission,

however, pursuant to 10 CFR 50.12(a)(2), will not consider granting an

exemption unless special circumstances are present. Under 10 CFR

50.12(a)(2)(ii), special circumstances are present when 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. Under 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.

III

The staff has completed its evaluation of NNECO's request for an

exemption and proposed compensatory measures that will be taken to

maintain the level of emergency preparedness at Millstone between

September 1999 and March 2000. Compensatory measures include the

conduct of a self-evaluated drill in September 1999 in accordance with

10 CFR part 50, appendix E, section IV.F.2.b of the onsite emergency

plan to which offsite agencies in Connecticut and New York have been

invited to participate as a training activity for their responders.

Further, the licensee plans an additional drill in October 1999 for

State and local responders. The underlying purpose for conducting a

biennial full-participation exercise is to ensure that emergency

organization personnel are familiar with their duties and to test the

adequacy of emergency plans. The intent of this requirement will be met

by conducting these two scheduled drills, one of which is specifically

for offsite response

[[Page 56523]]

organizations. These drills are in excess of what the regulation

requires and provide a benefit by allowing more opportunities for

training of response personnel. The staff considers that these measures

are adequate to maintain an acceptable level of emergency preparedness

during this period, satisfying the underlying purpose of the rule.

Therefore, the special circumstances of 10 CFR 50.12(a)(2)(ii) are

satisfied.

Only temporary relief from the regulation is provided by the

requested schedular exemption since an exercise will be conducted at a

future date. The licensee has made a good faith effort to comply with

the regulation. The exemption is being sought by the licensee in

voluntary response to a request by the NRC to accommodate an adjustment

in exercise scheduling that affects multiple agencies, as discussed

during the annual NRC Region I and FEMA (Regions I, II, and III)

exercise scheduling meeting held in White Plains, New York, in December

1998. At this meeting, representatives of the States of Connecticut and

New York concurred with rescheduling the NRC/FEMA evaluated exercise

for the Millstone site. The revised exercise schedule allows for better

balance in the use of federal resources. The exercise will be conducted

in a time frame that is within generally accepted policy. In FEMA's

letter to the NRC dated July 14, 1999, FEMA Region I and FEMA

Headquarters concurred with the change in exercise date. Also, NRC

Region I, who would be involved in evaluating the onsite activities

during these exercises, supported the schedule change due to the need

to relieve resource demands. The staff, having considered the schedule

and resource issues within FEMA and the NRC, and the proposed licensee

compensatory measures, believes that the exemption request meets the

special circumstances of 10 CFR 50.12(a)(2)(v) and should be granted.

IV

The Commission has determined that, pursuant to 10 CFR part 50,

appendix E, this exemption is authorized by law, will not endanger life

or property or the common defense and security, and is otherwise in the

public interest. Further, the Commission has determined, pursuant to 10

CFR 50.12(a), that special circumstances of 10 CFR 50.12(a)(2)(ii) and

10 CFR 50.12(a)(2)(v) are applicable in that application of the

regulation is not necessary to achieve the underlying purpose of the

rule, and the exemption would provide only temporary relief from the

applicable regulation and the licensee has made good faith efforts to

comply with the regulation. Therefore, the Commission hereby grants the

exemption from Section IV.F.2.c of Appendix E to 10 CFR part 50.

Pursuant to 10 CFR 51.32, the Commission has determined that the

granting of this exemption will have no significant impact on the

quality of the human environment (64 FR 50840).

This exemption is effective upon issuance.

Dated at Rockville, Maryland, this 14th day of October, 1999.

For the Nuclear Regulatory Commission.

John A. Zwolinski,

Director, Division of Licensing Project Management, Office of Nuclear

Reactor Regulation.

[FR Doc. 99-27365 Filed 10-19-99; 8:45 am]

BILLING CODE 7590-01-P