ML102580355
| ML102580355 | |
| Person / Time | |
|---|---|
| Site: | Fermi  |
| Issue date: | 09/13/2010 |
| From: | Mahesh Chawla Plant Licensing Branch III |
| To: | Hassoun A Detroit Edison |
| Chawla M, NRR/DORL, 415-8371 | |
| References | |
| TAC ME4459 | |
| Download: ML102580355 (4) | |
Text
From: Chawla, Mahesh Sent: Monday, September 13, 2010 3:29 PM To: Alan I Hassoun Cc: Pascarelli, Robert; Orlikowski, Robert; Morris, R. Michael; Norris, Michael; Anderson, Joseph; Jones, Robert; Peterson, Hironori; Jickling, Robert
Subject:
Fermi 2 - Exemption Request from Biennial Emergency Preparedness Excercise Requirements - ME 4459 On August 3, 2010 (ADAMS Accession No. ML102230442), Detroit Edison submitted above Exemption Request for Fermi 2. The Nuclear Regulatory Commission (NRC) staff would like to discuss the following draft request for additional information (RAI). Please arrange a teleconference to discuss this information with the NRC staff.
REQUEST FOR ADDITIONAL INFORMATION (DRAFT)
The Statements of Consideration for the Final Rule to clarify the standards that will be applied when the NRC considers whether to grant exemptions from the requirements codified in 10 CFR Part 50 published in the Federal Register (50 FR 50777; December 12, 1985) state:
Section 50.12(a)(2)(iii) addresses those situations where compliance would result in undue hardship or other cost that are significantly in excess of those contemplated when the regulation was adopted, or that are significantly in excess of those incurred by other similarly situated. This is intended to provide equitable treatment to applicants or licensees who, because of some unusual circumstances, are affected in a manner different than that of other similarly situated licensees or applicants.
Section 50.12(a)(2)(v) establishes a condition where the exemption would provide only temporary relief from the applicable regulation. This would cover the so-called scheduler exemptions where the relief sought is limited to a specific amount of time or until a specific event occurs. [bold/italics added]
Regulatory Issue Summary (RIS) 2006-03, , further states:
A licensee request for an exemption should include a list of all drills, exercises, and other training activities conducted since the previous biennial exercise and all drills, exercises, and other training activities scheduled before the next biennial exercise. The list helps establish a basis for assurance that the licensee has regularly exercised its emergency response strategies and personnel in coordination with offsite authorities, that postponing the biennial exercise will not pose an undue risk to public health and safety, and that a good faith effort has been made to satisfy the underlying purpose of the rule. [bold/italics added]
1 Justification of the Pursuant to 10 CFR 50.12(a)(2), the Commission will not Exemption (Enclosure consider granting an exemption unless special circumstances Page 4 - final are present. Please provide further justification that special paragraph) circumstances are present to form the basis of this exemption request for crediting the response to the actual event in lieu of the 2010 exercise, instead of the postponement of the exercise into Calendar Year 2011.
2 Alternatives to Please provide further justification as to why an exercise per Proposed Action 10 CFR 50 Appendix E IV.F.2.b cannot be conducted in (Enclosure Page 5 - #1) calendar year 2010.
3 Alternatives to Please provide further justification as to why an exercise per Proposed Action 10 CFR 50 Appendix E IV.F.2.b cannot be conducted in (Enclosure Page 6 - #2) calendar year 2011.
4 Attachment 2 Attachment 2 to the exemption request provides only the dates of drills conducted since the last biennial exercise and does not describe the principal functional areas that were drilled or how those functional areas were assessed.
Per 10 CFR 50 App. E IV.F.2.b, please provide documentation to show that the licensee has taken actions necessary to ensure that adequate emergency response capabilities are maintained during the interval between biennial exercises by conducting drills, including at least one drill involving a combination of some of the principal functional areas of the licensees onsite emergency response capabilities. The principal functional areas of emergency response include activities such as management and coordination of emergency response, accident assessment, protective action decision making, and plant system repair and corrective actions.
5 Attachment 3 and Please provide documentation of how planning standards (9)
Attachment 4 and (10) of 10CFR50.47.b were exercised and assessed as part of the actual event that occurred on June 6, 2010.
6 Justification of the Please provide specific justification for the claim made in the Exemption (Enclosure final sentence of page, based on Statement of Considerations Page 4 - final for the Final Rule:
paragraph)
Specifically, the underlying purpose of the rule has been adequately served in responding to the actual event on June 6, 2010.
7 Justification of the Please explain how the granting of this exemption would, as Exemption (Enclosure stated in 10 CFR 50.12(a)(2)(v), provide only temporary Page 4 - final relief from the applicable regulation paragraph)
E-mail Properties Mail Envelope Properties ()
Subject:
Fermi 2 - Exemption Request from Biennial Emergency Preparedness Excercise Requirements - ME 4459 Sent Date: 9/13/2010 10:40:43 AM Received Date: 9/13/2010 3:28:00 PM From: Chawla, Mahesh Created By: Mahesh.Chawla@nrc.gov Recipients:
hassouna@dteenergy.com (Alan I Hassoun)
Tracking Status: None Robert.Pascarelli@nrc.gov (Pascarelli, Robert)
Tracking Status: None Robert.Orlikowski@nrc.gov (Orlikowski, Robert)
Tracking Status: None R.Michael.Morris@nrc.gov (Morris, R. Michael)
Tracking Status: None Michael.Norris@nrc.gov (Norris, Michael)
Tracking Status: None Joseph.Anderson@nrc.gov (Anderson, Joseph)
Tracking Status: None Robert.Jones@nrc.gov (Jones, Robert)
Tracking Status: None Hironori.Peterson@nrc.gov (Peterson, Hironori)
Tracking Status: None
Robert.Jickling@nrc.gov (Jickling, Robert)
Tracking Status: None Post Office:
Files Size Date & Time MESSAGE 20432 9/13/2010 Options Expiration Date:
Priority: olImportanceNormal ReplyRequested: False Return Notification: False Sensitivity: olNormal Recipients received: