[Federal Register Volume 66, Number 250 (Monday, December 31, 2001)]
[Notices]
[Pages 67559-67560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-32061]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-361 and 50-362]


In the Matter of Southern California Edison Company (San Onofre 
Nuclear Generating Station, Units 2 and 3); Exemption

I

    Southern California Edison Company (the licensee) is the holder of 
Facility Operating License Nos. NPF-10 and NPF-15, which authorize 
operation of the San Onofre Nuclear Generating Station, Units 2 and 3, 
(SONGS) at power levels not to exceed 3438 megawatts thermal. The 
facility consists of two pressurized-water reactors located at the 
licensee's site in San Diego County, California. The license provides, 
among other things, that the licensee is subject to all rules, 
regulations, and orders of the Nuclear Regulatory Commission (NRC, the 
Commission) now or hereafter in effect.

II

    Section IV.F.2.b of Appendix E to Title 10 of the Code of Federal 
Regulations (10 CFR) part 50 requires each licensee at each site to 
conduct an exercise of its onsite emergency preparedness plan (EPP) 
every 2 years and indicates the exercise may be included in the full 
participation biennial exercise of the offsite EPP required by 
paragraph 2.c. Paragraph 2.c requires the offsite EPP for each site to 
be exercised biennially with full participation by each offsite 
authority having a role under the plan. During such biennial full 
participation exercises, the NRC evaluates onsite emergency 
preparedness activities and the Federal Emergency Management Agency 
(FEMA) evaluates offsite emergency preparedness activities. The 
licensee successfully conducted an NRC/FEMA-evaluated full 
participation exercise for SONGS on October 27, 28, and 29, 1999.
    By letter dated September 18, 2001, the licensee requested an 
exemption from Sections IV.F.2.b and c of Appendix E regarding the 
conduct of a full participation onsite and offsite exercise originally 
scheduled for September 12, 2001. Specifically, the licensee requested 
a one-time exemption, in accordance with 10 CFR 50.12, ``Specific 
exemptions,'' from the requirements in 10 CFR Part 50, Appendix E, 
Items IV.F.2.b and c to perform a biennial exercise of the onsite and 
offsite EPPs with full participation of each offsite authority having a 
role under the plan (i.e., a full participation EPP exercise), for 
SONGS. A full participation onsite and offsite exercise had been 
scheduled for SONGS for September 12, 2001; however, as a result of the 
national security events occurring in the United States on September 
11, 2001, this exercise was canceled. The licensee requested that the 
biennial exercise for 2001 not be conducted as required by Appendix E, 
and the next full participation exercise be conducted in 2003 and every 
two years thereafter.
    The licensee has provided the Commission with copies of letters 
from five local authorities that would participate in the full 
participation EPP exercise at SONGS, requesting relief from FEMA to 
cancel the 2001 SONGS full participation exercise. The letters were to 
the Governor's Office of Emergency Services, State of California, which 
in its letter dated December 13,

[[Page 67560]]

2001, to FEMA, requested the cancellation from FEMA for the State and 
the five local authorities. The State requested that the next biennial 
full participation exercise to be held at SONGS with NRC/FEMA 
participation be conducted in 2003. Although the requests from the 
State and local authorities do not come under the responsibility and 
authority of the Commission, the Commission realizes that the full 
participation exercise required by Appendix E would require the 
participation of the State and these local authorities. The State's 
letter is addressed in the safety evaluation dated December 21, 2001.
    Based on the safety evaluation dated December 21, 2001, the 
Commission concludes that the licensee's request for an exemption 
should be denied. However, because the scheduled 2001 full 
participation exercise to meet the regulations was canceled for good 
cause; there is insufficient time before January 1, 2002, when the 
licensee would be in violation of the regulations, to prepare and 
conduct the exercise; and the licensee has provided sufficient 
information for a one-year schedular extension to the requirements in 
the regulations, the Commission concludes that such a schedular 
exemption to the biennial exercise requirements in Sections IV.F.b and 
c of Appendix E to 10 CFR Part 50 should be granted to SONGS.
    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)(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 revised exemption is a one-time postponement of the 2001 full 
participation exercise for SONGS. The full participation exercise may 
be conducted in 2002. It is requested that the exercise be conducted as 
soon as practical, but the challenges of rescheduling the exercise are 
recognized and the exemption is not predicated on the early conduct of 
the exercise. Subsequent full participation exercises for SONGS would 
be scheduled at no greater than 2-year intervals in accordance with 10 
CFR part 50, appendix E, Section IV.F.2.c. The calendar biennium for 
SONGS would not be affected by this schedular exemption and the next 
full participation exercise would be required to be performed in 2003. 
Accordingly, the exemption would provide only temporary relief from 
that regulation.
    As indicated in the licensee's request for an exemption of 
September 18, 2001, the licensee had originally scheduled a full 
participation exercise for September 12, 2001. As further set forth in 
that letter, as a result of the national security events occurring in 
the United States on September 11, 2001, this exercise was canceled. 
Accordingly, the licensee made a good faith effort to comply with the 
schedular requirements of Appendix E for full participation exercises.
    The NRC staff has completed its evaluation of the revised 
exemption. The NRC staff, having considered the schedule and resource 
issues resulting from this schedular exemption and the fact that the 
licensee successfully conducted the last full participation exercise 
for SONGS on October 27, 28, and 29, 1999, which was evaluated by the 
NRC and FEMA, and conducted a full participation ``dress rehearsal'' 
exercise on August 8, 2001, in preparation for the September 12, 2001, 
exercise that was canceled, finds the request for a schedular exemption 
for rescheduling the 2001 biennial full participation exercise 
acceptable. The inspection/evaluation by NRC and FEMA indicated that 
the performance demonstrated during the 1999 exercise was a 
satisfactory test of the EPP. In its letter, the licensee stated that 
it successfully conducted the ``dress rehearsal'' exercise on August 8, 
2001, with the same emergency planning elements that were planned for 
the September 12, 2001, exercise. The NRC staff also recognizes that it 
was not appropriate to conduct an exercise during the period of 
disruption and heightened security directly after the national 
emergency of September 11, 2001. However, in this period of heightened 
security concerns regarding nuclear plant vulnerability, it is prudent 
to conduct the full participation exercise as soon as practical to 
demonstrate and maintain readiness.

IV

    The Commission has determined that, pursuant to 10 CFR Part 50, 
Appendix E, 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, 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)(v) are applicable in that 
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 a one year 
schedular exemption from Sections IV.F.2.b and 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 (66 FR 66000).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 21st day of December 2001.

    For the Nuclear Regulatory Commission
Ledyard B. Marsh,
Acting Director, Division of Licensing Project Management, Office of 
Nuclear Reactor Regulation.
[FR Doc. 01-32061 Filed 12-28-01; 8:45 am]
BILLING CODE 7590-01-P