67560 Federal Register / Vol. 66, No. 250 / Monday, December 31, 2001 / Notices

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

NUCLEAR REGULATORY

COMMISSION

Advisory Committee on Nuclear

Waste; Revised

The 131st ACNW meeting scheduled

to be held on January 8–10, 2002, has

been changed to a two-day meeting,

which will be held on January 8–9, 2002.

The ACNW meeting with the NRC

Commissioners scheduled to be held

between 9:30 and 11:30 a.m. on January

9, 2002 has been canceled, and will be

rescheduled for March 20, 2002. Notice

of this meeting was previously

published in the Federal Register on

Wednesday, December 19, 2001, (66 FR

65522). A revised agenda is provided

below.

Tuesday, January 8, 2002

A. 8:30—10:45 A.M.: Opening

Statement/Planning and Procedures

(Open)—The Chairman will open the

meeting with brief opening remarks.

The Committee will then review items

under consideration at this meeting and

consider topics proposed for future

ACNW meetings.

B. 11:00—12:00 Noon: Proposed

Amendment to 10 CFR Part 63 (Open)—

The staff will provide an information

briefing on the proposed amendment to

10 CFR Part 63, that would clarify the

types of features, events, and processes

that must be considered in performance

analyses of human intrusion and

Federal Register / Vol. 66, No. 250 / Monday, December 31, 2001 / Notices 67561

groundwater protection at the Yucca

Mountain repository.

C. 1:00—4:45 P.M.: Preparation of

ACNW Reports (Open)—The Committee

will discuss proposed reports on the

following topics:

• ACRS/ACNW November 14, 2001

Joint Subcommittee Meeting on RiskInformed Regulation in NMSS

• Annual Research Report to the

Commission

• Proposed Rule on Probability of an

Unlikely Event

• Conservatism

D. 5:00—6:00 P.M.: Planning for

ACNW Retreat (Open)—The Committee

will finalize plans for its February 27–

28—March 1, 2002 retreat.

Wednesday, January 9, 2002

E. 8:30—8:35 A.M.: Opening Remarks

by the ACNW Chairman (Open)—The

ACNW Chairman will make opening

remarks regarding the conduct of the

meeting.

F. 8:35—3:00 P.M.: Discussion of Key

Technical Issue (KTI) Status (Open)—

The Committee will be briefed on the

status of the KTIs for the proposed

repository at Yucca Mountain, NV.

G. 3:00—6:00 P.M.: ACRS/ACNW

Office Retreat (Open)—The Committee

will meet with the ACNW technical and

operational staffs to discuss issues

arising from the ACRS/ACNW Office

retreat held on September 19–21, 2001.

H. 6:00—6:15 P.M.: Miscellaneous

(Open)—The Committee will discuss

matters related to the conduct of

Committee activities and matters and

specific issues that were not completed

during previous meetings, as time and

availability of information permit.

Note: The 132nd ACNW Meeting

scheduled for February 7, 2002, has been

tentatively rescheduled for February 5–7,

2002.

For further information contact: Mr.

Howard J. Larson, ACNW (Telephone

301/415–6805), between 8:00 A.M. and

4:00 P.M. EST.

Dated: December 21, 2001.

Andrew L. Bates,

Advisory Committee Management Officer.

[FR Doc. 01–32050 Filed 12–28–01; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR WASTE TECHNICAL

REVIEW BOARD

Board Meeting: January 29–30, 2002—

Pahrump, Nevada: The Nuclear Waste

Technical Review Board Will Hold a

Meeting To Discuss Issues Related to

the Department of Energy’s (DOE)

Characterization of a Potential

Repository Site at Yucca Mountain,

Nevada. A Program Overview and

Scientific Updates Will Be Presented.

Other Topics Included recently Issued

DOE Documents Related to Site

Recommendation and Analyses of the

DOE’s Total System Performance

Assessment

Pursuant to its authority under

section 5051 of Public Law 100–203,

Nuclear Waste Policy Amendments Act

of 1987, on Tuesday, January 29, and

Wednesday, January 30, 2002, the

Nuclear Waste Technical Review Board

(Board) will hold a meeting in Pahrump,

Nevada, to discuss the status of U.S.

Department of Energy (DOE) efforts to

characterize a site at Yucca Mountain,

Nevada, as the possible location of a

permanent repository for spent nuclear

fuel and high-level radioactive waste.

Among other things, representatives of

the DOE and other agencies and groups

will present scientific updates on

research related to Yucca Mountain and

on the results of recently issued studies

related to the technical basis for a

decision by the Secretary of Energy on

whether to recommend Yucca Mountain

for repository development. The

meeting is open to the public, and

opportunities for public comment will

be provided. The Board is charged by

Congress with reviewing the technical

and scientific validity of DOE activities

related to managing spent nuclear fuel

and high-level radioactive waste.

The meeting will be held at the Bob

Ruud Community Center, 150 North

Highway 160, Pahrump, Nevada 89048.

The pay-phone number for the

community center is (775) 727–9991.

The meeting sessions will begin at 8:30

a.m. on both days.

The full-day session on Tuesday will

begin with a general overview of the

DOE program and a briefing on the

regulatory framework for a site

recommendation. These presentations

will be followed by scientific updates in

several areas, including fluid inclusions,

chlorine-36 studies, saturated zone

modeling, and other scientific

investigations. Discussions of findings

of the U.S. Geological Survey, and

comments on the DOE’s Total System

Performance Assessment by the Nuclear

Regulatory Commission’s (NRC’s)

Advisory Committee on Nuclear Waste,

an international peer review group, and

others, will follow.

On Wednesday, discussions will

continue on recently released

documents, including a report by the

DOE on uncertainty and the DOE’s

Technical Update Information Letter

Report. Following these presentations,

representatives of the NRC will

comment on the NRC’s ‘‘sufficiency’’

review. The meeting is scheduled to

adjourn at approximately 12:30 p.m.

Opportunities for public comment

will be provided before lunch on

Tuesday and before adjournment on

both days. Those wanting to speak

during the public comment periods are

encouraged to sign the ‘‘Public

Comment Register’’ at the check-in

table. A time limit may have to be set

on individual remarks, but written

comments of any length may be

submitted for the record. Interested

parties also will have the opportunity to

submit questions in writing to the

Board. As time permits, the questions

will be answered during the meeting. In

addition, on Wednesday, from 7:30 a.m.

to 8:15 a.m., Board members will host

a ‘‘coffee and donuts’’ get together for

members of the public attending the

meeting at the Bob Ruud Community

Center.

A detailed agenda will be available

approximately one week before the

meeting. Copies of the agenda can be

requested by telephone or obtained from

the Board’s Web site at www.nwtrb.gov.

Beginning on March 4, 2002, transcripts

of the meeting will be available on the

Board’s Web site, via e-mail, on

computer disk, and on a library-loan

basis in paper format from Davonya

Barnes of the Board staff.

A block of rooms has been reserved at

the Best Western Pahrump Station, 1101

South Highway 160, Pahrump, Nevada

89048; (tel) 775–751–5100; (fax) 775–

751–1325. When making a reservation,

please state that you are attending the

Nuclear Waste Technical Review Board

meeting.

For more information, contact the

NWTRB; Karyn Severson, External

Affairs; 2300 Clarendon Boulevard,

Suite 1300; Arlington, VA 22201–3367;

(tel) 703–235–4473; (fax) 703–235–4495;

(e-mail) info@nwtrb.gov.

The Nuclear Waste Technical Review

Board was created by Congress in the

Nuclear Waste Policy Amendments Act

of 1987. The Board’s purpose is to

evaluate the technical and scientific

validity of activities undertaken by the

Secretary of Energy related to managing

the disposal of the nation’s spent

nuclear fuel and high-level radioactive

waste. In the same legislation, Congress

directed the DOE to characterize a site