[Federal Register Volume 60, Number 76 (Thursday, April 20, 1995)]
[Notices]
[Pages 19792-19793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9763]



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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-275 and 50-323]


Pacific Gas and Electric Co., (Diablo Canyon Nuclear Power Plant, 
Units 1 and 2); Exemption

I

    The Pacific Gas and Electric Company (PG&E or the licensee) holds 
Facility Operating License Nos. DPR-80 and DPR-82, which authorizes 
operation of the Diablo Canyon Nuclear Power Plant, Unit Nos. 1 and 2, 
respectively. The license provides, among other things, that the 
facility is subject to all rules, regulations, and orders of the 
Nuclear Regulatory Commission (the Commission) now or hereafter in 
effect. The facility consists of two pressurized water reactors located 
at the licensee's site in San Luis Obispo County, California.

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 which 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 exercise with 
offsite authorities such that the State and local government emergency 
plans for each operating reactor site are exercised biennially, with 
full or partial participation by State and local governments, within 
the plume exposure pathway emergency planning zone (EPZ).
    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 [[Page 19793]] 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)(iv) of 10 
CFR Part 50 describes the special circumstances for an exemption where 
the exemption would result in benefit to the public health and safety 
that compensates for any decrease in safety that may result from the 
granting of the exemption.

III

    By letter dated October 17, 1994, the licensee requested a 
schedular exemption from the requirement of 10 CFR Part 50, Appendix E, 
Section IV.F.3 that requires biennial exercise of emergency plans for 
State and local governmental authorities within the plume exposure 
pathway EPZ. The licensee has requested to postpone until 1996 the 
biennial, full-scale emergency preparedness exercise currently 
scheduled in 1995.
    This schedular exemption is requested by the licensee in support of 
the State of California's request to the Federal Emergency Management 
Agency (FEMA) to grant the State a one-year extension in the current 
Radiological Emergency Preparedness Program six-year exercise cycle for 
the Diablo Canyon Nuclear Power Plant (DCPP). The granting of this 
request would result in the licensee conducting its biennial, full-
scale emergency preparedness exercise in even-numbered years.
    By letter dated March 2, 1995, FEMA informed the NRC that FEMA 
concurred with a request by the State of California to reschedule the 
DCPP offsite biennial exercise for 1995 to 1996. FEMA stated that such 
a schedule change would have no implications adverse to public health 
and safety. The most recent DCPP offsite exercise was conducted in 
1993, and there were no issues identified which required immediate 
corrective actions. FEMA has granted a one-time exemption to the 
requirements of 44 CFR 350.9(c) for DCPP as requested by the State of 
California.
    Based on a review of the licensee's request for a schedular 
exemption to postpone until 1996 the biennial full-scale emergency 
preparedness exercise currently scheduled in 1995, the NRC staff finds 
that granting this request would be beneficial to the public health and 
safety. Approval of this exemption would allow the realignment of the 
State of California's exercise participation schedule to include an 
exercise every year, instead of two exercises every other year. San 
Onofre Nuclear Generating Station's exercise would be conducted in odd-
numbered years and DCPP's would be conducted in even-numbered years 
starting in 1996. This should enhance the level of emergency 
preparedness by allowing more frequent participation in an exercise by 
State personnel. It would allow for more even distribution of financial 
and personnel resources for both State and Federal agencies. Also, the 
offsite agencies at San Onofre Nuclear Generating Station would be able 
to perform as controllers and evaluators for the DCPP exercise and vice 
versa more easily and both plants would obtain the benefits since the 
plant exercise dates would not conflict. There would be no decrease in 
the level of safety of licensee operations as a result of granting this 
schedular exemption. The licensee would still be required to conduct an 
annual exercise in 1995 in accordance with the requirements of 10 CFR 
50, Appendix E, Section IV.F.2.

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. The Commission further determines that special 
circumstances described by 10 CFR 50.12(a)(2)(iv) exist in that a 
benefit to public health and safety that compensates for any decrease 
in safety may result from granting the exemption.

    Therefore, the Commission hereby grants Pacific Gas and Electric 
Company an exemption from the requirements of 10 CFR 50, Appendix E, 
Section IV.F.3.

    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 (60 FR 18429).

    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 12th day of April 1995.

    For the Nuclear Regulatory Commission.

Elinor G. Adensam,

Acting Director, Division of Reactor Projects III/IV, Office of Nuclear 
Reactor Regulation.

[FR Doc. 95-9763 Filed 4-19-95; 8:45 am]

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