[Federal Register Volume 68, Number 152 (Thursday, August 7, 2003)]
[Notices]
[Page 47104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20150]



[[Page 47104]]

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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-219]


Amergen Energy Company, LLC, Oyster Creek Nuclear Generating 
Station; Exemption

1.0 Background

    AmerGen Energy Company, LLC (the licensee) is the holder of 
Facility Operating License No. DPR-16, which authorizes operation of 
the Oyster Creek Nuclear Generating Station (Oyster Creek). The license 
provides, among other things, that the facility is subject to all 
rules, regulations, and orders of the U.S. Nuclear Regulatory 
Commission (the Commission) now or hereafter in effect.
    The facility consists of one boiling-water reactor located in Ocean 
County, New Jersey.

2.0 Request/Action

    Title 10 of the Code of Federal Regulations (10 CFR) Section 55.59 
requires that a facility's licensed operator requalification program be 
conducted for a continuous period not to exceed 2 years (24 months) and 
upon conclusion must be promptly followed, pursuant to a continuous 
schedule, by successive requalification programs. Each 2-year 
requalification program must include a biennial comprehensive written 
examination and annual operating tests.
    By letter dated May 30, 2003, the licensee requested a one-time 
exemption under 10 CFR 55.11 from the schedule requirements of 10 CFR 
55.59. Specifically, due to the current labor strike at Oyster Creek, 
the exemption requested would allow 90 days following resolution of the 
strike, but no later than December 31, 2003, to complete the current 
licensed operator requalification program. The next requalification 
program period would begin upon conclusion of the current program and 
continue to June 30, 2005, with successive periods running for 24 
months. This requested exemption would allow an extension of the 
current operator requalification program, which was originally 
scheduled to conclude on June 30, 2003, by up to 6 months beyond the 
24-month requalification program schedule required by 10 CFR 55.59.

3.0 Discussion

    Pursuant to 10 CFR 55.11, the Commission may, upon application by 
an interested person, or upon its own initiative, grant exemptions from 
the requirements of 10 CFR part 55 when the exemptions are authorized 
by law and will not endanger life or property and are otherwise in the 
public interest. The exemption being requested for Oyster Creek is due 
to an ongoing labor strike, which began on May 22, 2003, and included 
Oyster Creek licensed reactor operators. As a result of the strike, 
licensed reactor operators are not available to complete the current 
requalification program, and licensed senior reactor operators, who are 
filling the reactor operator vacancies, would be significantly 
challenged to complete the requalification program while operating the 
plant.
    Although the 24-month schedule requirement of 10 CFR 55.59 at 
Oyster Creek would be exceeded, operator performance continues to be 
satisfactory. The licensee has a sound compensatory plan in place for 
completing the current requalification program and returning to 
licensed duties the reactor operators currently on strike, and granting 
this exemption would support this plan. Granting this exemption will 
allow Oyster Creek to continue with safe plant operations without undue 
hardship to plant personnel and Oyster Creek licensed operators.

4.0 Conclusion

    Accordingly, the Commission has determined that, pursuant to 10 CFR 
55.11, granting an exemption to the licensee from the schedule 
requirements in 10 CFR 55.59, by allowing Oyster Creek a one-time 
extension in the allowed time for completing the current licensed 
operator Enclosure requalification program, is authorized by law and 
will not endanger life or property and is otherwise in the public 
interest. Therefore, the Commission hereby grants AmerGen Energy 
Company, LLC, an exemption on a one-time only basis from the schedule 
requirement of 10 CFR 55.59, to allow Oyster Creek Nuclear Generating 
Station 90 days following resolution of the current labor strike, but 
no later than December 31, 2003, to complete the current licensed 
operator requalification program. The next requalification program 
period would begin upon conclusion of the current program and continue 
to June 30, 2005, with successive periods running for 24 months.
    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 (68 FR 38400).
    This exemption is effective upon issuance and expires on January 1, 
2004.

    Dated at Rockville, Maryland, this 27th day of June, 2003.

    For the Nuclear Regulatory Commission.
Cynthia A. Carpenter,
 Acting Director, Division of Inspection Program Management, Office of 
Nuclear Reactor Regulation.
[FR Doc. 03-20150 Filed 8-6-03; 8:45 am]
BILLING CODE 7590-01-P