[Federal Register Volume 62, Number 178 (Monday, September 15, 1997)]
[Notices]
[Pages 48317-48318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24382]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-263]


Northern States Power Company (Monticello Nuclear Generating 
Plant); Exemption

I.

    Northern States Power Company (the licensee) is the holder of 
Facility Operating License No. DPR-22 which authorizes operation of the 
Monticello Nuclear Generating Plant. The Monticello facility is a 
boiling-water reactor located at the licensee's site in Wright County, 
Minnesota. The license provides, among other things, that the facility 
is subject to all rules, regulations, and orders of the Commission now 
or hereafter in effect.

II.

    Pursuant to 10 CFR 50.12(a), ``Specific exemptions,'' the 
Commission may grant exemptions from the requirements of the 
regulations of this part (1) which 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) where special 
circumstances are present.
    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.2.c of 
Appendix E requires that offsite plans

[[Page 48318]]

for each site shall be exercised biennially with full participation by 
each offsite authority having a role under the plan.

III.

    In a letter dated August 18, 1997, the licensee requested a one-
time exemption from the requirements of Section IV.F.2.c of Appendix E 
to 10 CFR Part 50 to exercise Monticello Nuclear Generating Plant's 
offsite emergency preparedness (EP) plans with State and local 
government authorities within the plant's plume exposure pathway 
emergency planning zone (EPZ). The licensee requested this one-time 
exemption in support of the State of Minnesota's request for relief 
from the Federal Emergency Management Agency (FEMA) requirements in 44 
CFR Part 350 to biennially exercise offsite EP plans. The State and 
local counties requested relief from FEMA requirements (in accordance 
with Section 350.9.c of 44 CFR Part 350) due to the hardships caused by 
recent natural disasters. In a letter dated August 12, 1997, to FEMA 
Region V, the State of Minnesota provided the following justification 
for its relief request:

    The Minnesota Division of Emergency Management (DEM) and other 
State agencies are in various phases of seven Presidential 
Declarations of Major Disasters within the last 2 years. The State 
experienced record cold, crippling snowfall, and the worst floods in 
its history. Thousands of State, local, and Federal emergency 
responders were activated. In July 1997, a string of severe storms 
brought high speed straight line winds, tornadoes, and more flooding 
to central Minnesota. DEM continues to have 42 percent of its staff 
assigned to these natural disasters.
    Sherburne and Wright counties (the counties within the plume 
exposure EPZ) are still conducting damage assessment for their third 
Presidential Declaration in the last 8 months. Personnel responsible 
for coordinating the radiological response plan implementation in 
the upcoming exercise are still in the midst of clean-up, 
restoration, recovery, and human services activities.
    The State has a good record of exercise performance and has not 
received an exercise deficiency since 1991. Neither county has ever 
received an exercise deficiency.
    Minnesota received numerous accolades from FEMA for the 
effective and efficient way in which it responded to these natural 
disasters. The State and county drew upon the planning and exercise 
experiences from the last 15 years in radiological EP and feel that 
the actual use of plans and procedures was far more valuable than an 
exercise.

    As stated in 10 CFR 50.47, the NRC bases its finding on the 
adequacy of offsite EP on FEMA's assessment. In a letter dated August 
21, 1997, FEMA notified the NRC that it has determined that granting 
this relief will have no undue risk on public safety. Since the 
licensee intends to perform the onsite portion of the 1997 biennial 
exercise, granting this one-time exemption will not affect the status 
of onsite EP. Based upon FEMA's assessment of offsite EP for the State 
and local counties within Monticello's EPZ, and since the onsite 
portion of the biennial exercise will be performed in 1997, granting 
this one-time exemption will not pose undue risk to public health and 
safety.
    Section 50.12(a)(2) of 10 CFR specifies that special circumstances 
must exist for the Commission to consider an exemption request and 
provides a list of conditions, any of which constitute special 
circumstances. One of these conditions is ``the exemption would provide 
only temporary relief from the applicable regulation and the licensee 
has made good faith efforts to comply with the regulation.'' The 
licensee will perform the onsite portion of the 1997 biennial exercise 
and only requested this exemption because of the hardships that 
performing the offsite portion of the exercise would have on the State 
and local counties. The licensee expects full participation of the 
State and local agencies in the next biennial exercise scheduled for 
June 22, 1999. In addition, the State is scheduled to participate in 
the July 1998 exercise at the Prairie Island nuclear power plant. 
Therefore, special circumstances exist that allow for consideration of 
the licensee's exemption request.

IV.

    Accordingly, the Commission has determined, pursuant to 10 CFR 
50.12(a), that this 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. The Commission has further determined that 
special circumstances as provided in 10 CFR 50.12(a)(2) are present 
justifying the exemption.
    Therefore, the Commission hereby grants the requested one-time 
exemption from the requirements of 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 not have a significant effect on the 
quality of the human environment (62 FR 47520).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 10th day of September 1997.

    For The Nuclear Regulatory Commission
Frank J. Miraglia,
Acting Director Office of Nuclear Reactor Regulation.
[FR Doc. 97-24382 Filed 9-12-97; 8:45 am]
BILLING CODE 7590-01-P