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Federal Register / Vol. 70, No.

144 / Thursday, July 28, 2005 / Notices 43721

fire hazards that could affect the pinch III.G.3 to install a fixed fire suppression letter, the basis for the proposed denial
points. Although it is unlikely that a fire system in Fire Area HH for DBNPS and action was Mr. Hawe’s failure to obtain
will affect the pinch points, if such to install fire detection in the a passing grade on the May 27, 2005,
damage were to occur and the CREVS approximately 4 percent of Fire Area written examination portion of his
was to be made inoperable, means to HH (i.e., Rooms 603A and 603B) not reactor operator license application for
achieve safe shutdown remain available. currently covered by a fire detection the Vogtle Electric Generating Plant.
First, the operators could shed loads to system. This exemption is based on the The Board is comprised of the
reduce the heat load in the Control limited combustibles located in the fire following administrative judges:
Room so that Control Room area (including no storage of Ann M. Young, Chair, U.S. Nuclear
abandonment is not required. Secondly, combustibles in Rooms 603A and 603B), Regulatory Commission, Washington,
if Control Room abandonment is the limited ignition sources in the fire DC 20555–0001.
required, the alternate shutdown panel area, administrative controls on both Michael C. Farrar, U.S. Nuclear
is available to shutdown the plant. The transient combustibles and hot work, Regulatory Commission, Washington,
licensee performed a risk analysis of the configuration of Room 603 that DC 20555–0001.
these configurations which is described avoids in-situ combustible liquids from Dr. Peter S. Lam, U.S. Nuclear
above. affecting the cables of interest, the fire Regulatory Commission, Washington,
The risk analysis in the February 25, detection and manual suppression DC 20555–0001.
2005, submittal is generally consistent capability available, and the availability All correspondence, documents, and
with the NRC’s fire protection of alternate means to achieve shutdown other materials shall be filed with the
significance determination process if a fire were to occur and cause damage administrative judges in accordance
(Inspection Manual Chapter 0609, to the cables of interest. with 10 CFR 2.302.
Appendix F). The results of the analysis Pursuant to 10 CFR 51.32, the Issued in Rockville, Maryland, this 22nd
are consistent with a change that would Commission has determined that the day of July, 2005.
be acceptable when compared to the granting of this exemption will not have G. Paul Bollwerk, III,
acceptance criteria described in a significant effect on the quality of the
Chief Administrative Judge, Atomic Safety
Regulatory Guide 1.174, ‘‘An Approach human environment (70 FR 42112). and Licensing Board Panel.
for Using Probabilistic Risk Assessment This exemption is effective upon
issuance. [FR Doc. E5–4010 Filed 7–27–05; 8:45 am]
in Risk-Informed Decisions on Plant-
BILLING CODE 7590–01–P
Specific Changes to the Licensing Dated in Rockville, Maryland, this 21 day
Basis,’’ Revision 1. of July 2005.
The evaluation that FENOC prepared For the Nuclear Regulatory Commission
assesses the impact of the change. This NUCLEAR REGULATORY
Ledyard B. Marsh, COMMISSION
evaluation uses a combination of risk- Director, Division of Licensing Project
insights and deterministic methods to Management, Office of Nuclear Reactor Announcement of a Public Meeting To
show that sufficient safety margins are Regulation. Discuss Selected Topics for the
maintained. [FR Doc. E5–4012 Filed 7–27–05; 8:45 am] Review of Emergency Preparedness
The NRC staff examined the licensee’s
BILLING CODE 7590–01–P (EP) Regulations and Guidance for
rationale to support the exemption
Commercial Nuclear Power Plants
request and concluded that adequate
defense-in-depth and safety margins NUCLEAR REGULATORY AGENCY: Nuclear Regulatory
exist. Although fixed suppression is not COMMISSION Commission.
installed in the area, the configuration ACTION: Notice of meeting.
of the area makes it unlikely that the [Docket No. 55–22685; ASLBP No. 05–840–
cables of interest will be damaged by a 01–SP] SUMMARY: The Nuclear Regulatory
fire in the area. Also, if the cables of Commission’s (NRC’s) reassessment of
In the Matter of David H. Hawes; emergency preparedness following
interest are damaged, adequate Establishment of Atomic Safety and
assurance remains to demonstrate that September 11, 2001, terrorist attacks
Licensing Board concluded that the planning basis for
the plant can be brought to a safe
shutdown condition. Pursuant to delegation by the emergency preparedness (EP) remains
Based upon the above, the NRC staff Commission dated December 29, 1972, valid. However, as part of our
concludes that application of the published in the Federal Register, 37 FR continuing EP review, some
regulation is not necessary to achieve 28,710 (1972), and the Commission’s enhancements are being considered to
the underlying purpose of the rule. regulations, see 10 CFR 2.104, 2.300, EP regulations and guidance due to the
Therefore, the NRC staff concludes that 2.303, 2.309, 2.311, 2.318, and 2.321, terrorist acts of 9/11; technological
pursuant to 10 CFR 50.12(a)(2)(ii), the notice is hereby given that an Atomic advances; the need for clarification
requested exemption is acceptable. Safety and Licensing Board is being based upon more than 20 years of
established to preside over the following experience; lessons learned during drills
5.0 Conclusion and exercises; and responses to actual
proceeding:
Accordingly, the Commission has events.
determined that, pursuant to 10 CFR David H. Hawes (Reactor Operator Therefore, the NRC will hold a one
50.12(a), the exemption is authorized by License for Vogtle Electric Generating and one-half-day public meeting to
law, will not present an undue risk to Plant) obtain stakeholder input on selected
the public health and safety, and is This proceeding concerns a request topics for the review of EP regulations
consistent with the common defense for hearing submitted on June 28, 2005, and guidance for commercial nuclear
and security. Also, special by David H. Hawes in response to a June power plants and to discuss EP-related
circumstances are present. Therefore, 20, 2005, NRC staff letter proposing the issues that arose during an NRC/FEMA
the Commission hereby grants FENOC denial of his application for a reactor workshop at the 2005 National
an exemption from the requirements of operator license for the Vogtle Electric Radiological Emergency Preparedness
10 CFR part 50, appendix R, section Generating Plant. According to the staff (NREP) Conference.

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