356 Federal Register / Vol. 61, No. 3 / Thursday, January 4, 1996 / Notices

emergency preparedness exercise which

had been scheduled for November 1995.

This schedular exemption is

requested by the licensee since the

Federal Emergency Management Agency

(FEMA) and the States had to cancel

their evaluation and participation in the

offsite portion of the exercise conducted

on November 14, 1995. This request

resulted from the impasse relative to

passage of the Federal budget that

caused a shutdown of FEMA and lack

of funding for some State

appropriations.

The licensee provided the following

basis for supporting the requested

schedular exemption:

OPPD, along with the States of

Nebraska and Iowa, as well as local

officials and volunteer agencies, were

fully prepared to conduct a biennial

full-scale emergency exercise for the

Fort Calhoun Station (FCS) on

November 14, 1995. The onsite and

offsite objectives and scenario were

approved respectively by NRC and

FEMA. This exercise was designed to

satisfy the requirements of 10 CFR 50,

Appendix E, Section IV.F.2.c. The last

biennial exercise was conducted on

June 29–30, 1993.

In the weeks prior to the exercise,

FEMA was unsure whether it could

support the exercise as the result of the

Federal budget impasse. Some State of

Nebraska personnel were also affected

by the budget crisis in that some State

positions are federally funded. The

licensee satisfactorily conducted the

onsite portion of the exercise in the

absence of full participation by the

States and evaluation by FEMA. There

were no identified exercise weaknesses

associated with the onsite portion of the

exercise.

Based upon a review of the licensee’s

request for a schedular exemption from

the requirements of 10 CFR 50,

Appendix E, Section IV.F.2.c, the staff

finds that the exemption would provide

only temporary relief from the

applicable regulations.

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)(v) exist in that granting

the exemption would provide only

temporary relief from the applicable

regulations and the licensee has made

good faith efforts to comply with the

regulations.

Therefore, the Commission hereby

grants Omaha Public Power District an

exemption from the requirements of 10

CFR 50, Appendix E, Section IV.F.2.c.

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 66995).

Dated at Rockville, Maryland, this 28th day

of December 1995.

This exemption is effective upon

issuance.

For the Nuclear Regulatory Commission.

Gail H. Marcus,

Acting Director, Division of Reactor Projects

III/IV, Office of Nuclear Reactor Regulation.

[FR Doc. 96–112 Filed 1–3–96; 8:45 am]

BILLING CODE 7590–01–P

[Docket Nos. 50–352 and 50–353]

Philadelphia Electric Company;

Correction

The December 6, 1995, Federal

Register contained a ‘‘Notice of Issuance

of Amendment to Facility Operating

Licenses,’’ for the Limerick Generating

Station, Units 1 and 2. This notice

corrects the notice published in the

Federal Register on December 6, 1995,

(60 FR 62500). The ‘‘Amendment Nos.’’

Section should read ‘‘105 and 69.’’

Dated at Rockville, Maryland, this 27th day

of December 1995.

For the Nuclear Regulatory Commission.

John F. Stolz,

Director, Project Directorate I–2, Division of

Reactor Projects–I/II, Office of Nuclear

Reactor Regulation.

[FR Doc. 96–109 Filed 1–3–96; 8:45 am]

BILLING CODE 7590–01–P

[Docket No. 72–14 (50–346)]

Toledo Edison Co., Davis-Besse

Nuclear Power Station, Independent

Spent Fuel, Storage Installation;

Exemption

I

Toledo Edison Company (the

licensee), under the general license in

Part 72, Subpart K, is authorized to

receive and store spent fuel from its

Davis-Besse Nuclear Power Station at an

independent spent fuel storage

installation (ISFSI) located on the DavisBesse Nuclear Power Station site. This

facility is located at the licensee’s site in

Oak Harbor, Ohio.

II

Pursuant to 10 CFR 72.7, the Nuclear

Regulatory Commission (NRC) may

grant exemptions from the requirements

of the regulations in 10 CFR Part 72 as

it determines are authorized by law, will

not endanger life or property or the

common defense and security, and are

otherwise in the public interest.

Section 72.82(e) of 10 CFR Part 72

requires each licensee to provide a

report of preoperational test acceptance

criteria and test results to the

appropriate NRC Regional Office with a

copy to the Director, Office of Nuclear

Material Safety and Safeguards, at least

30 days prior to receipt of spent fuel or

high-level radioactive waste for storage

in an ISFSI. The purpose of the 30-day

waiting period is to allow the NRC an

opportunity to review test results prior

to initial operation of the ISFSI. If an

exemption from the requirement of 10

CFR 72.82(e) for a 30-day waiting period

was granted, the licensee still would be

required to submit the necessary report;

however, the licensee could thereafter

start loading the first cask before the end

of the 30-day period.

III

By letter dated September 22, 1995,

the licensee requested a schedular

exemption pursuant to 10 CFR 72.7

from the requirement of 10 CFR

72.82(e). The licensee committed to

submit its report no less than 3 days

prior to receipt of spent fuel at its ISFSI.

The licensee’s exemption request to

reduce the 30-day waiting period to 3

days was based on the licensee’s need

to assure the availability of adequate

storage space in Davis-Besse’s spent fuel

pool to support a refueling outage

scheduled to begin in April 1996. To

meet that schedule, spent fuel must be

removed from the pool and loaded into

the dry storage casks at the Davis-Besse

plant for transport to the ISFSI prior to

receipt of new fuel in February 1996.

Because moving and loading the

canisters into the horizontal storage

modules occurs outside the auxiliary

building, and because conducting such

activities during inclement weather

would complicate these activities, the

licensee had planned to begin loading

activities in October 1995. Delays,

however, have forced the licensee to

postpone its schedule. Nonetheless, the

need for and underlying basis of the

licensee’s exemption requests remains.

Granting the requested exemption from

the 30-day waiting period in 10 CFR

72.82(e) would assist the licensee in

assuring it has sufficient time to

complete loading operations for dry

cask storage before the end of January

1996 while, to the extent possible,

minimizing the need to conduct fuel

handling activities during inclement

weather. Moreover, as noted below, the

NRC has completed review of the