67334 Federal Register / Vol. 66, No. 249 / Friday, December 28, 2001 / Notices

participation exercise, LGS conducted

emergency response training drills on

June 14, 2000, June 21, 2000, October

18, 2000, November 15, 2000, December

12, 2000, February 15, 2001, May 12,

2001, and June 20, 2001. A pre-exercise

drill was also conducted on September

27, 2001. The licensee stated that there

was at least partial offsite participation

in the June 21, 2000, November 15,

2000, December 12, 2000, June 20, 2001,

and September 27, 2001, drills. In

addition, emergency response training

drills involving control room staff were

conducted on January 20, 2000, January

27, 2000, February 3, 2000, February 10,

2000, February 17, 2000, January 12,

2001, January 19, 2001, January 26,

2001, February 2, 2001, and February 9,

2001. The licensee stated that these

drills satisfy the drill requirements of 10

CFR Part 50, Appendix E, Section

IV.F.2.b. The licensee stated that drill

critiques verified that the emergency

plan and its implementing procedures

were successfully implemented. Issues

identified during these drills, exercises,

and associated critiques are being

resolved under the station’s corrective

action program.

The licensee stated that compensating

measures will be taken to maintain

emergency preparedness at LGS until

the postponed exercise is conducted.

The existing training and drill schedule

currently in place for emergency

response activities will remain in place

and be adjusted as necessary to ensure

the readiness of both onsite and offsite

emergency response personnel. This

includes annual training,

requalification, and participation drills

for onsite emergency responders. The

licensee stated that these measures will

be implemented to maintain an

acceptable level of emergency

preparedness during this period.

The Pennsylvania Emergency

Management Agency (PEMA) has

requested that FEMA postpone the

exercise into 2002. The licensee and

PEMA stated that offsite local, State,

and Federal government agencies that

are required to participate in the LGS

biennial exercise are directly

participating in the response, recovery,

and other continuing activities

associated with the September 11, 2001,

national emergency.

The staff examined the licensee’s

rationale to support the exemption

request and concluded that granting the

exemption would provide only

temporary relief from the applicable

regulation and that the licensee had

made a good faith effort to comply with

the regulation. The national emergency

of September 11, 2001, and the

subsequent recovery and security

responses required that State and local

resources expected to be available for

the previously scheduled biennial

exercise be applied to agency missions.

Offsite agencies were not able to

dedicate the appropriate level of

resources, as it would divert public

agency resources from the national

emergency recovery efforts.

Additionally, the licensee’s drill

program includes offsite agency

participation and is a compensating

measure contributing to the justification

of the exemption.

The exemption only provides

temporary relief from the applicable

regulation, in that the licensee has

committed to conduct the exercise

during the next calendar year (2002) and

has not requested any permanent

changes in future exercise scheduling.

The licensee made a good faith effort to

conduct the exercise and comply with

regulations. The circumstances dictating

the request for exemption are beyond

the licensee’s control. The regulations of

this part do allow for the postponement

of exercises and the regulations have

been invoked for appropriate

circumstances. This being the case, the

occasional need to postpone exercises

was considered as a potential

circumstance. The staff has determined

that conduct of the full-participation

exercise as early as practical in 2002 is

prudent even though the licensee is

expected to conduct another fullparticipation exercise in 2003.

4.0 Conclusion

Accordingly, the Commission has

determined that, pursuant to 10 CFR

50.12(a), the 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. Also, special

circumstances are present pursuant to

10 CFR 50.12(a)(2)(v), in that the

exemption would only provide

temporary relief from the applicable

regulations, and the licensee has made

a good faith effort to comply with the

regulation. Therefore, the Commission

hereby grants Exelon a one-time

schedular exemption from the

requirements to conduct an exercise of

its onsite and offsite (with fullparticipation by each offsite authority

having a role under the plan) emergency

plans every 2 years as required by 10

CFR part 50, appendix E, sections

IV.F.2.b and c. This conclusion is based

on the licensee’s commitment to

conduct the postponed exercise in 2002.

The staff notes that the licensee expects

to conduct the exercise in the first or

second quarter of 2002. The staff

recommends that the licensee schedule

the exercise as early as practical in

2002, but the exemption is not

predicated on the licensee following

this recommendation.

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 (66 FR 65231).

This exemption is effective upon

issuance.

Dated at Rockville, Maryland, this 20th 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. 01–31928 Filed 12–27–01; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

The UNPLUG Salem Campaign, the

National Whistleblower Center and Mr.

Randy Robarge Riverkeeper, Inc., et

al.; Receipt of Requests for Action

Under 10 CFR 2.206

Notice is hereby given that by the

following three petitions, the Nuclear

Regulatory Commission (NRC) was

requested to take immediate corrective

actions to protect the public against the

possibility of terrorists seizing control of

a large commercial jetliner and crashing

into a nuclear power plant in the United

States.

1. From Mr. Norm Cohen, on behalf

of the UNPLUG Salem Campaign, dated

September 17, 2001.

2. From Mr. Michael D. Kohn, on

behalf of the National Whistleblower

Center and Randy Robarge, dated

October 24, 2001.

3. From Messrs. Alex Matthiessen,

and Karl Coplan, on behalf of the

Riverkeeper, Inc., et al, dated November

8, 2001.

The petitioners requested that the

NRC staff take certain specified

compensatory measures, to protect the

public and environment from the

catastrophic impact of a terrorist attack

on a nuclear power plant or a spent fuel

pool.

These requests are being treated

pursuant to 10 CFR 2.206 of the

Commission’s regulations. These

requests have been referred to the

Director of the Office of Nuclear Reactor

Regulation. As provided by Section

2.206, appropriate action will be taken

on these petitions within a reasonable

time.

Since the subject of these petitions

involves safeguards matters, the NRC

Federal Register / Vol. 66, No. 249 / Friday, December 28, 2001 / Notices 67335

1At the request of the Licensing Board chaired by

Judge Bollwerk, Judge Farrar has been reviewing

pending matters in this proceeding in conjunction

with Judges Kline and Lam. The Licensing Board

of which Judge Farrar is Chairman anticipates

issuing a number of rulings on pending matters in

the near future.

has decided not to make the petitions

public or publicly discuss the petitions

to avoid disclosure of potentially

sensitive security information.

Dated at Rockville, Maryland, this 20th day

of December 2001.

For the Nuclear Regulatory Commission.

Brian W. Sheron,

Acting Director, Office of Nuclear Reactor

Regulation.

[FR Doc. 01–31930 Filed 12–27–01; 8:45 am]

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NUCLEAR REGULATORY

COMMISSION

[Docket No. 72–22–ISFSI, ASLBP No. 97–

732–02–ISFSI]

Private Fuel Storage, L.L.C.; Notice of

Reconstitution

Pursuant to 10 C.F.R. 2.721, the

Atomic Safety and Licensing Board in

the above captioned Private Fuel

Storage, L.L.C. proceeding is hereby

reconstituted by appointing a Licensing

Board consisting of Administrative

Judge Michael C. Farrar, Chairman;

Administrative Judge Jerry R. Kline; and

Administrative Judge Peter Lam, which

shall have jurisdiction over all pending

and future matters in this proceeding,1

with the exception of those matters

relating to contention Utah E/

Confederated Tribes F, Financial

Assurance, contention Utah S,

Decommissioning, and/or contention

Security-J, Law Enforcement. With

respect to pending or future matters

regarding contention Utah E/

Confederated Tribes F, contention Utah

S, and/or contention Security-J, the

Licensing Board consisting of

Administrative Judge G. Paul Bollwerk,

III, Chairman, and Administrative

Judges Kline and Lam will retain

jurisdiction for all purposes.

In accordance with 10 C.F.R. 2.701,

all correspondence, documents, and

other material relating to any matter in

this proceeding should continue to be

served on Judges Kline and Lam. All

correspondence, documents and, other

material relating to any matter other

than contention Utah E/Confederated

Tribes F, contention Utah S, and/or

contention Security-J shall be served on

Administrative Judge Farrar as follows:

Administrative Judge Michael C. Farrar,

Atomic Safety and Licensing Board

Panel, U.S. Nuclear Regulatory

Commission, Washington, DC 20555–

0001.

Hereafter, only correspondence,

documents, and other material relating

to any matter concerning contention

Utah E/Confederated Tribes F,

contention Utah S, and/or contention

Security-J should continue to be served

on Administrative Judge Bollwerk.

Issued at Rockville, Maryland, this

nineteenth day of December 2001.

G. Paul Bollwerk III,

Chief Administrative Judge, Atomic Safety

and Licensing Board Panel.

[FR Doc. 01–31922 Filed 12–27–01; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

Draft Regulatory Guides; Issuance,

Availability

The Nuclear Regulatory Commission

has issued for public comment four

draft guides in its Regulatory Guide

Series. This series has been developed

to describe and make available to the

public such information as methods

acceptable to the NRC staff for

implementing specific parts of the

NRC’s regulations, techniques used by

the staff in evaluating specific problems

or postulated accidents, and data

needed by the staff in its review of

applications for permits and licenses.

The draft guides all pertain to

licensees’ use of Code Cases of the

American Society of Mechanical

Engineers (ASME) Boiler and Pressure

Vessel Code, and the guides are being

developed to provide updated guidance

on the use of Code Cases. Code Cases

provide alternatives that have been

developed and approved by ASME or

they explain the intent of existing Code

requirements. The proposed Revision 32

of combined Regulatory Guides 1.84 and

1.85, temporarily identified by its task

number, DG–1090 (which should be

mentioned in all correspondence

concerning this draft guide), is ‘‘Design,

Fabrication, and Materials Code Case

Acceptability, ASME Section III.’’ This

draft guide provides guidance that is

acceptable to the NRC staff for licensees

on the use of ASME Section III Code

Cases.

Draft Regulatory Guide DG–1091,

‘‘Inservice Inspection Code Case

Acceptability, ASME Section XI,

Division 1,’’ is the proposed Revision 13

of Regulatory Guide 1.147, which

provides guidance that is acceptable to

the NRC staff for licensees on the use of

ASME Section XI Code Cases.

Draft Regulatory Guide DG–1089,

‘‘Operation and Maintenance Code Case

Acceptability, ASME OM Code,’’ is

being developed to provide guidance

that is acceptable to the NRC staff for

licensees on the use of ASME OM Code

Cases.

Draft Regulatory Guide DG–1112,

‘‘ASME Code Cases Not Approved for

Use,’’ is being developed to provide

guidance to licensees on the ASME

Code Cases that have not been approved

by the NRC. The reasons the Code Cases

were not approved are also stated.

These draft guides have not received

complete staff approval and do not

represent an official NRC staff position.

Comments may be accompanied by

relevant information or supporting data.

Written comments may be submitted to

the Rules and Directives Branch, Office

of Administration, U.S. Nuclear

Regulatory Commission, Washington,

DC 20555. Copies of comments received

may be examined at the NRC Public

Document Room, 11555 Rockville Pike,

Rockville, MD. Comments will be most

helpful if received by March 25, 2002.

Comments may also be provided via

the NRC’s interactive rulemaking web

site through the NRC homepage

(http://www.nrc.gov). This site provides

the availability to upload comments as

files (any format) if your web browser

supports that function. For information

about the interactive rulemaking web

site, contact Ms. Carol Gallagher, (301)

415–5905; e-mail CAG@NRC.GOV. For

information about the draft guides,

contact Mr. W.E. Norris at (301) 415–

6796; e-mail WEN@NRC.GOV.

Although a time limit is given for

comments on these draft guides,

comments and suggestions in

connection with items for inclusion in

guides currently being developed or

improvements in all published guides

are encouraged at any time.

Regulatory guides are available for

inspection at the NRC’s Public

Document Room, 11555 Rockville Pike,

Rockville, MD; the PDR’s mailing

address is USNRC PDR, Washington, DC

20555; telephone (301) 415–4737 or

(800) 397–4205; fax (301) 415–3548; email PDR@NRC>GOV. Requests for

single copies of draft or final guides

(which may be reproduced) or for

placement on an automatic distribution

list for single copies of future draft

guides in specific divisions should be

made in writing to the U.S. Nuclear

Regulatory Commission, Washington,

DC 20555, Attention: Reproduction and

Distribution Services Section; or by email to DISTRIBUTION@NRC.GOV; or

by fax to (301) 415–2289. Telephone

requests cannot be accommodated.

Regulatory guides are not copyrighted,

and Commission approval is not

required to reproduce them.