[Federal Register Volume 73, Number 250 (Tuesday, December 30, 2008)]
[Notices]
[Pages 79923-79928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30939]
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NUCLEAR REGULATORY COMMISSION
Notice of Availability of Model Safety Evaluation, Model No
Significant Hazards Determination, and Model Application for Licensees
That Wish To Adopt TSTF-511, Revision 0, ``Eliminate Working Hour
Restrictions From TS 5.2.2 To Support Compliance With 10 CFR Part 26''
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of availability.
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SUMMARY: Notice is hereby given that the staff of the U.S. Nuclear
Regulatory Commission (NRC) has approved TSTF-511, Revision 0,
``Eliminate Working Hour Restrictions from TS 5.2.2 to Support
Compliance with 10 CFR Part 26,'' and has prepared a model license
amendment request (LAR), model safety evaluation (SE), and model
proposed no significant hazards consideration (NSHC) determination
related to deletion of paragraph d of Technical Specification (TS)
5.2.2 in Standard Technical Specifications (STS). The purpose of these
models is to permit the NRC to efficiently process license amendment
applications that propose to adopt TSTF-511, Revision 0. TSTF-511,
Revision 0 revises the Administrative Controls section of STS to
support compliance with a recent revision to 10 CFR Part 26, ``Fitness
For Duty Programs.'' Licensees of nuclear power reactors to which the
model applies may request amendments using the model application.
The NRC issued a Federal Register notice (73 FR 16966, March 31,
2008) of the issuance of a final rule that amended 10 CFR Part 26. The
revised regulations in 10 CFR Part 26, Subpart I supersede working hour
restrictions contained in TS. The NRC staff hereby announces that the
model SE and NSHC determination may be referenced in plant-specific
applications to adopt the changes. The NRC staff can most efficiently
consider applications based upon the model application if the
application is submitted within a year of this Federal Register notice.
FOR FURTHER INFORMATION CONTACT: Matthew Hamm, Mail Stop: O12H2,
Division of Inspection and Regional Support, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, telephone 301-415-1472.
SUPPLEMENTARY INFORMATION:
Background
Regulatory Issue Summary 2000-06, ``Consolidated Line Item
Improvement Process for Adopting Standard Technical Specification
Changes for Power Reactors,'' was issued on March 20, 2000. The
consolidated line item improvement process (CLIIP) is intended to
improve the efficiency of NRC licensing processes by processing
proposed changes to the standard technical specifications (STS) in a
manner that supports subsequent license amendment applications. The
CLIIP normally includes an opportunity for the public to comment on a
proposed change to the STS after a preliminary assessment by the NRC
staff and a finding that the change will likely be offered for adoption
by licensees. The CLIIP directs the NRC staff to evaluate any comments
received for a proposed change to STS and to either reconsider the
change or announce the availability of the change for adoption by
licensees. Public comment periods for the proposed changes to 10 CFR
Part 26 were provided prior to the amendment of Part 26. No public
comment period is
[[Page 79924]]
being provided for the model LAR, model SE, and model proposed NSHC
determination provided in this notice since this notice is being used
to implement the changes to 10 CFR Part 26, for which previous comment
periods were provided.
This notice contains changes proposed for incorporation into the
STS by owners group participants in the Technical Specification Task
Force (TSTF) and is designated TSTF-511. TSTF-511, Revision 0 can be
viewed on the NRC's web page utilizing the Agencywide Documents Access
and Management System (ADAMS). The ADAMS accession number for TSTF-511,
Revision 0, is ML082610292.
Applicability
NRC staff has attempted to make the model LAR, model SE, and model
proposed NSHC determination applicable to all licensees of power
reactors. Licensees opting to apply for this TS change are responsible
for reviewing the staff's evaluation, referencing the applicable
technical justifications, providing any necessary plant-specific
information, and confirming the applicability of the change to their
plant. To efficiently process the incoming license amendment
applications, the NRC staff requests that each licensee applying for
the changes addressed by TSTF-511, Revision 0, using the CLIIP, submit
a license amendment request that adheres to the attached model
application. Variations from the model application in this notice may
require additional review by NRC staff, and may increase the time and
resources needed for review. Significant variations from the model
application, or inclusion of additional changes to the license, may
result in staff rejection of the submittal. Instead, licensees desiring
significant variations and/or additional changes should submit a LAR
that does not request to adopt TSTF-511 under the CLIIP. Each amendment
application made in response to the notice of availability will be
processed and noticed in accordance with applicable rules and NRC
procedures.
Public Notices
Licensees wishing to adopt the change must submit an application in
accordance with applicable rules and other regulatory requirements. For
each application the NRC staff will publish a notice of consideration
of issuance of amendment to facility operating licenses, a proposed no
significant hazards consideration determination, and a notice of
opportunity for a hearing. The staff will also publish a notice of
issuance of an amendment to an operating license to announce the
deletion of those portions of TS superseded by 10 CFR Part 26, Subpart
I for each plant that receives the requested change.
Dated at Rockville, Maryland this 11th of December 2008.
For the Nuclear Regulatory Commission.
Robert B. Elliott,
Branch Chief, Technical Specifications Branch, Division of Inspections
and Regional Support, Office of Nuclear Reactor Regulation.
Proposed Model Application for License Amendments Adopting TSTF-511,
Revision 0, ``Eliminate Working Hour Restrictions From TS 5.2.2 To
Support Compliance With 10 CFR Part 26''
U.S. Nuclear Regulatory Commission,
Document Control Desk,
Washington, DC 20555.
SUBJECT: [Plant Name]
DOCKET NO. 50-[XXX]
LICENSE AMENDMENT REQUEST FOR ADOPTION OF TSTF-511, REV. 0, ``ELIMINATE
WORKING HOUR RESTRICTIONS FROM TS 5.2.2 TO SUPPORT COMPLIANCE WITH 10
CFR PART 26.''
In accordance with the provisions of Section 50.90 of Title 10 of
the Code of Federal Regulations (10 CFR), [LICENSEE] is submitting a
request for an amendment to the Technical Specifications (TS) for
[PLANT NAME, UNIT NO.].
The proposed amendment would delete those portions of TS superseded
by 10 CFR Part 26, Subpart I. This change is consistent with NRC
approved Revision 0 to Technical Specification Task Force (TSTF)
Improved Standard Technical Specification Change Traveler, TSTF-511,
``Eliminate Working Hour Restrictions from TS 5.2.2 to Support
Compliance with 10 CFR Part 26.'' [Discuss any differences with TSTF-
511, Revision 0.] The availability of this TS improvement was announced
in the Federal Register on [Date] ([ ] FR [ ]) as part of the
consolidated line item improvement process (CLIIP).
Attachment 1 provides an evaluation of the proposed change.
Attachment 2 provides the existing TS pages marked up to show the
proposed change. Attachment 3 provides the proposed TS changes in final
typed format. Attachment 4 provides the regulatory commitment[s].
[LICENSEE] requests approval of the proposed license amendment by
[DATE], to support implementation of TS changes concurrent with
implementation of the new 10 CFR 26, Subpart I requirements [BY October
1, 2009 OR WITHIN X DAYS].
This letter contains [one] regulatory commitment[s] as identified
in Attachment 4.
In accordance with 10 CFR 50.91, a copy of this application, with
attachments, is being provided to the designated [STATE] Official.
If you should have any questions regarding this submittal, please
contact [ ].
I declare [or certify, verify, state] under penalty of perjury that
the foregoing is true and correct.
[NAME, TITLE]
Attachments:
1. Evaluation of Proposed Change
2. Proposed Technical Specification Change (Mark-Up)
3. Proposed Technical Specification Change (Re-Typed)
4. List of Regulatory Commitments
cc: [NRR Project Manager]
[Regional Office]
[Resident Inspector]
[State Contact]
Attachment 1
Evaluation of Proposed Change
License Amendment Request for Adoption of TSTF-511, Revision 0,
``Eliminate Working Hour Restrictions from TS 5.2.2 to Support
Compliance with 10 CFR Part 26.''
1.0 Description
2.0 Proposed Change
3.0 Background
4.0 Technical Analysis
5.0 Regulatory Safety Analysis
5.1 No Significant Hazards Determination
5.2 Applicable Regulatory Requirements/Criteria
6.0 Environmental Consideration
7.0 References
1.0 DESCRIPTION
The proposed amendment would delete those portions of TS superseded
by 10 CFR Part 26, Subpart I. This change is consistent with NRC
approved Revision 0 to Technical Specification Task Force (TSTF)
Improved Standard Technical Specification Change Traveler, TSTF-511,
``Eliminate Working Hour Restrictions from TS 5.2.2 to Support
Compliance with 10 CFR Part 26.'' Minor differences between the
proposed plant specific TS changes, and the changes proposed by TSTF-
511 are listed in section 2.0. The availability of this TS improvement
was announced in the Federal Register on [Date] ([ ] FR [ ]) as part of
the consolidated line item improvement process (CLIIP).
[[Page 79925]]
2.0 PROPOSED CHANGE
Consistent with the NRC approved Revision 0 of TSTF-511, the
proposed TS changes delete those portions of TS superseded by 10 CFR
Part 26, Subpart I.
This application is being made in accordance with the CLIIP.
[LICENSEE] is [not] proposing variations or deviations from the TS
changes described in TSTF-511, Revision 0, or the NRC staff's model
safety evaluation (SE) published on [DATE] ([ ] FR [ ]) as part of the
CLIIP Notice of Availability. [Discuss any differences with TSTF-511,
Revision 0 and the effect of any changes on the NRC staff's model SE.]
3.0 BACKGROUND
The NRC issued a Federal Register notice (73 FR 16966, March 31,
2008) of the issuance of a final rule that amended 10 CFR Part 26. The
revised regulations in 10 CFR Part 26, Subpart I supersede working hour
restrictions contained in [paragraph d of TS 5.2.2]. The background for
this application is adequately addressed by the NRC Notice of
Availability published on [DATE] ([ ] FR [ ]).
4.0 TECHNICAL ANALYSIS
[LICENSEE] has reviewed the SE published on [DATE] ([ ] FR [ ]) as
part of the CLIIP Notice of Availability. [LICENSEE] has concluded that
the technical justifications presented in the SE prepared by the NRC
staff are applicable to [PLANT, UNIT NO.].
10 CFR Part 26, Subpart I, supersedes existing worker fatigue
guidance. 10 CFR Part 26, Subpart I, distinguishes between work hour
controls and fatigue management and strengthens the requirements for
both. Under the new rule, work hour restrictions include not only work
hour limitations for rolling 24-hour, 48-hour, and 7-day periods, but
also include a required minimum break between work periods and varying
required minimum days off. Additionally, Subpart I confines the use of
waivers (deviations from restrictions) to situations where overtime is
necessary to mitigate or prevent a condition adverse to safety or
necessary to maintain the security of the facility. Subpart I also
strengthens reporting requirements. Finally, the new rule's work hour
control scope includes certain operating and maintenance personnel, as
well as individuals directing those operating and maintenance
personnel, health physics and chemistry personnel who are a part of the
on-site emergency response organization minimum shift complement, the
fire brigade member who is responsible for understanding the effects of
fire and fire suppressants on safe shutdown capability, and certain
security personnel.
The proposed change removes working hour limits imposed in the
Technical Specifications in order to support compliance with 10 CFR
Part 26, Subpart I. Work hour controls and fatigue management
requirements have been incorporated into the NRC's regulations;
therefore, it is unnecessary to have work hour control requirements in
the Technical Specifications.
Removal of the Technical Specification requirements will be
performed concurrently with the implementation of the 10 CFR Part 26,
Subpart I, requirements, even if the Technical Specification change is
implemented prior to the October 1, 2009 deadline. Along with this LAR,
[LICENSEE] has submitted a commitment to comply with 10 CFR Part 26
concurrently with the implementation of the Technical Specification
change.
5.0 REGULATORY SAFETY ANALYSIS
5.1 NO SIGNIFICANT HAZARDS DETERMINATION
[LICENSEE] has reviewed the no significant hazards determination
published on [DATE] ([ ] FR [ ]) as part of the CLIIP Notice of
Availability. [LICENSEE] has concluded that the determination presented
in the notice is applicable to [PLANT, UNIT NO.]. [LICENSEE] has
evaluated the proposed changes to the TS using the criteria in 10 CFR
50.92 and has determined that the proposed changes do not involve a
significant hazards consideration. An analysis of the issue of no
significant hazards consideration is presented below:
Criterion 1: The Proposed Change Does Not Involve a Significant
Increase in the Probability or Consequences of an Accident Previously
Evaluated
The proposed change removes Technical Specification restrictions on
working hours for personnel who perform safety related functions. The
Technical Specification restrictions are superseded by the worker
fatigue requirements in 10 CFR Part 26. Removal of the Technical
Specification requirements will be performed concurrently with the
implementation of the 10 CFR Part 26, Subpart I, requirements. The
proposed change does not impact the physical configuration or function
of plant structures, systems, or components (SSCs) or the manner in
which SSCs are operated, maintained, modified, tested, or inspected.
Worker fatigue is not an initiator of any accident previously
evaluated. Worker fatigue is not an assumption in the consequence
mitigation of any accident previously evaluated.
Therefore, it is concluded that this change does not involve a
significant increase in the probability or consequences of an accident
previously evaluated.
Criterion 2: The Proposed Change Does Not Create the Possibility of a
New or Different Kind of Accident From Any Accident Previously
Evaluated
The proposed change removes Technical Specification restrictions on
working hours for personnel who perform safety related functions. The
Technical Specification restrictions are superseded by the worker
fatigue requirements in 10 CFR Part 26. Working hours will continue to
be controlled in accordance with NRC requirements. The new rule allows
for deviations from controls to mitigate or prevent a condition adverse
to safety or as necessary to maintain the security of the facility.
This ensures that the new rule will not unnecessarily restrict working
hours and thereby create the possibility of a new or different kind of
accident from any accident previously evaluated.
The proposed change does not alter the plant configuration, require
new plant equipment to be installed, alter accident analysis
assumptions, add any initiators, or effect the function of plant
systems or the manner in which systems are operated, maintained,
modified, tested, or inspected.
Therefore, the proposed change does not create the possibility of a
new or different kind of accident from any previously evaluated.
Criterion 3: The Proposed Change Does Not Involve a Significant
Reduction in a Margin of Safety
The proposed change removes Technical Specification restrictions on
working hours for personnel who perform safety related functions. The
Technical Specification restrictions are superseded by the worker
fatigue requirements in 10 CFR Part 26. The proposed change does not
involve any physical changes to plant or alter the manner in which
plant systems are operated, maintained, modified, tested, or inspected.
The proposed change does not alter the manner in which safety limits,
limiting safety system settings or limiting conditions for operation
are determined. The safety analysis
[[Page 79926]]
acceptance criteria are not affected by this change. The proposed
change will not result in plant operation in a configuration outside
the design basis. The proposed change does not adversely affect systems
that respond to safely shutdown the plant and to maintain the plant in
a safe shutdown condition.
Removal of plant-specific Technical Specification administrative
requirements will not reduce a margin of safety because the
requirements in 10 CFR Part 26 are adequate to ensure that worker
fatigue is managed.
Therefore, the proposed change does not involve a significant
reduction in a margin of safety.
Based on the above, [LICENSEE] concludes that the proposed change
presents no significant hazards consideration under the standards set
forth in 10 CFR 50.92(c), and, accordingly, a finding of ``no
significant hazards consideration'' is justified.
5.2 APPLICABLE REGULATORY REQUIREMENTS/CRITERIA
A description of the proposed TS change and its relationship to
applicable regulatory requirements was provided in the NRC Notice of
Availability published on [DATE] ([ ] FR [ ]). [LICENSEE] has reviewed
the NRC staff's model SE published on [DATE] ([ ] FR [ ]) as part of
the CLIIP Notice of Availability and concluded that the regulatory
evaluation section is applicable to [PLANT, UNIT NO.].
The proposed change eliminates the plant-specific Technical
Specification administrative controls on working hours. The Technical
Specification guidance has been superseded by 10 CFR Part 26.
10 CFR Part 26, Subpart I, ``Managing Fatigue,'' contains
requirements for managing worker fatigue at operating nuclear power
plants.
10 CFR 50.36 provides, among other things, the regulatory
requirements for the content in the Administrative Controls section of
the Technical Specifications. The inclusion of requirements to control
working hours and manage fatigue is not required to be in the
Administrative Controls by 10 CFR Part 50.36. Because the requirement
to control working hours and manage fatigue is provided in 10 CFR Part
26, Subpart I, it is unnecessary for the Technical Specifications to
contain similar controls.
6.0 ENVIRONMENTAL CONSIDERATION
[LICENSEE] has reviewed the environmental evaluation included in
the safety evaluation (SE) published on [DATE] ([ ] FR [ ]) as part of
the CLIIP Notice of Availability. [LICENSEE] has concluded that the
staff's findings presented in that evaluation are applicable to [PLANT,
NO.]. The proposed amendment changes recordkeeping, reporting, or
administrative procedures. Accordingly, the amendment meets the
eligibility criteria for categorical exclusion set forth in 10 CFR
51.22(c)(10). Pursuant to 10 CFR 51.22(b) no environmental impact
statement or environmental assessment need be prepared in connection
with the issuance of the amendment.
7.0 REFERENCES
1. Federal Register Notice, Final Rule 10 CFR Part 26 published on
March 31, 2008.
2. TSTF-511, Revision 0, ``Eliminate Working Hour Restrictions from
TS 5.2.2 to Support Compliance with 10 CFR Part 26.''
3. Federal Register Notice, Notice of Availability published on
[DATE] ([ ] FR [ ]).
Attachment 2
Proposed Technical Specification Change (Mark-Up)
Attachment 3
Proposed Technical Specification Change (Re-Typed)
Attachment 4
List of Regulatory Commitments
Commitment
Removal of the plant-specific TS requirements will be performed
concurrently with the implementation of the 10 CFR Part 26, Subpart I
requirements. This commitment will be completed no later than October
1, 2009.
Model Safety Evaluation
U.S. Nuclear Regulatory Commission
Office of Nuclear Reactor Regulation
Consolidated Line Item Improvement
Technical Specification Task Force Change TSTF-511, Revision 0,
``Eliminate Working Hour Restrictions from TS 5.2.2 to Support
Compliance with 10 CFR Part 26.''
1.0 INTRODUCTION
By application dated [Date], [Name of Licensee] (the licensee)
requested changes to the Technical Specifications (TS) for the [Name of
Facility].
The proposed changes would:
1. Delete paragraph d of TS 5.2.2, ``Unit Staff.''
The licensee stated that the application is consistent with NRC
approved Revision 0 to Technical Specification Task Force (TSTF)
Improved Standard Technical Specification Change Traveler, TSTF-511, ``
Eliminate Working Hour Restrictions from TS 5.2.2 to Support Compliance
with 10 CFR Part 26.'' [Discuss any differences with TSTF-511, Revision
0.] The availability of this TS improvement was announced in the
Federal Register on [Date] ([ ] FR [ ]) as part of the consolidated
line item improvement process (CLIIP).
2.0 REGULATORY EVALUATION
The history of NRC regulations pertaining to prevention of worker
impairment is summarized in the Federal Register notice containing the
final rule that amended 10 CFR Part 26 (73 FR 16966, March 31, 2008).
10 CFR Part 26, Subpart I provides the regulatory requirements for
managing worker fatigue at nuclear power plants.
The NRC's regulatory requirements related to the content of the TS
are contained in 10 CFR Part 50.36. 10 CFR 50.36 requires that the TS
include items in the following categories: (1) Safety limits, limiting
safety systems settings, and limiting control settings; (2) limiting
conditions for operation (LCOs); (3) Surveillance Requirements (SR);
(4) design features; and (5) administrative controls. The
administrative controls are the provisions relating to organization and
management, procedures, recordkeeping, review and audit, and reporting
necessary to assure operation of the facility in a safe manner.
The NRC's guidance for the format and content of licensee Technical
Specifications can be found in NUREG-1430, Revision 3.0, ``Standard
Technical Specifications Babcock and Wilcox Plants,'' NUREG-1431,
Revision 3.0, ``Standard Technical Specifications Westinghouse
Plants,'' NUREG-1432, Revision 3.0, ``Standard Technical Specifications
Combustion Engineering Plants,'' NUREG-1433, Revision 3.0, ``Standard
Technical Specifications General Electric Plants, BWR/4,'' and NUREG-
1434, Revision 3.0, ``Standard Technical Specifications General
Electric Plants, BWR/6,'' referred to as Standard Technical
Specifications (STS). Section 5 of STS contains administrative
controls. Paragraph d of Section 5.2.2 of STS contains requirements for
administrative procedures to limit the working hours of personnel who
perform safety related functions. This paragraph represents NRC's
guidance on how licensee TS requirements should address work hour
controls. Licensees adhere to the guidance to varying degrees due to
[[Page 79927]]
minor administrative differences and differences in each licensee's
current licensing basis. The inconsistent level of adherence to NRC
guidance has lead to inconsistent TS interpretation and implementation.
This has also made it difficult for NRC to enforce the requirements.
The new requirements of 10 CFR Part 26, Subpart I supersede the
guidance for requirements found in Paragraph d of Section 5.2.2 of all
STS. Subpart I distinguishes between work hour controls and fatigue
management and strengthens the requirements for both. Subpart I
requires nuclear power plant licensees to ensure against worker fatigue
adversely affecting public health and safety and the common defense and
security by establishing clear and enforceable requirements for the
management of worker fatigue. Licensees are required to implement
Subpart I by October 1, 2009 as announced in the Final rule that
revised 10 CFR Part 26 (73 FR 16966, March 31, 2008). TSTF-511 proposed
a change to STS that would delete paragraph d of STS 5.2.2. This change
was approved in Federal Register notice on [Date] ([ ] FR [ ]).
2.1 Adoption of TSTF-511, Revision 0, by [facility name]
Proper adoption of TSTF-511 and implementation of 10 CFR Part 26,
Subpart I by [licensee] will provide reasonable assurance that
[licensee] will maintain limits on the working hours of personnel who
perform safety related functions. [Licensee] has committed to remove
the plant-specific TS requirements concurrently with the implementation
of the 10 CFR Part 26, Subpart I requirements.
3.0 TECHNICAL EVALUATION
Controls on work hours for personnel at nuclear power plants are
necessary to prevent worker fatigue from adversely affecting public
health and safety and the common defense and security. Work hour
controls for [facility name] are currently located in [paragraph d of
TS 5.2.2]. When implemented, the regulatory requirements of 10 CFR 26,
Subpart I replace the plant-specific TS requirements found in
[paragraph d of [facility name]] TS.
The licensee proposed deleting [paragraph d of TS 5.2.2]. The
licensee committed to implement the new requirements of 10 CFR Part 26,
Subpart I concurrently with the deletion of the TS requirements on work
hour controls. The NRC staff finds that reasonable controls for the
implementation and for subsequent evaluation of proposed changes
pertaining to the above regulatory commitment(s) are best provided by
the licensee's administrative processes, including its commitment
management program (see Regulatory Issue Summary 2000-017, ``Managing
Regulatory Commitments Made by Power Reactor Licensees to the NRC
Staff''). The above regulatory commitments do not warrant the creation
of regulatory requirements (items requiring prior NRC approval of
subsequent changes).
The staff evaluated the licensee's proposed change against the
applicable regulatory requirements listed in section 2. The staff also
compared the proposed change to the change made to STS by TSTF-511. The
staff considered the licensee's commitment to implement 10 CFR Part 26,
Subpart I concurrently with the deletion of TS work hour control
requirements in its evaluation of the proposed change. Given the
licensee's commitment, there is reasonable assurance that the licensee
will comply with the regulations for work hour controls, either through
TS requirements or through the requirements of 10 CFR part 26, Subpart
I, at all times at [facility name]. Therefore, the licensee will
continue to prevent worker fatigue from adversely affecting public
health and safety and the common defense and security. Therefore, the
staff finds the proposed change acceptable.
4.0 STATE CONSULTATION
In accordance with the Commission's regulations, the [Name of
State] State official was notified of the proposed issuance of the
amendment. The State official had [no] comments. [If comments were
provided, they should be addressed here].
5.0 ENVIRONMENTAL CONSIDERATION
The amendment changes recordkeeping, reporting, or administrative
procedures. Accordingly, the amendment meets the eligibility criteria
for categorical exclusion set forth in 10 CFR 51.22(c)(10). Pursuant to
10 CFR 51.22(b) no environmental impact statement or environmental
assessment need be prepared in connection with the issuance of the
amendment.
6.0 CONCLUSION
The Commission has concluded, based on the considerations discussed
above, that: (1) There is reasonable assurance that the health and
safety of the public will not be endangered by operation in the
proposed manner, (2) such activities will be conducted in compliance
with the Commission's regulations, and (3) the issuance of the
amendment will not be inimical to the common defense and security or to
the health and safety of the public.
7.0 REFERENCES
1. [Licensee] Licensee Amendment Request to adopt TSTF-511, [DATE]
2. Federal Register Notice, Notice of Availability published on
[DATE] ([ ] FR [ ]).
3. TSTF-511 Revision 0, `` Eliminate Working Hour Restrictions from
TS 5.2.2 to Support Compliance with 10 CFR Part 26.''
Principal Contributors: [NRC Technical Reviewer]
MODEL NO SIGNIFICANT HAZARDS DETERMINATION
Description of Amendment Request: The proposed amendment would
delete [paragraph d of TS 5.2.2].
Basis for No Significant Hazards Determination: As required by 10
CFR 50.91(a), an analysis of the issue of no significant hazards
consideration is presented below:
Criterion 1: The Proposed Change Does Not Involve a Significant
Increase in the Probability or Consequences of an Accident Previously
Evaluated
The proposed change removes Technical Specification restrictions on
working hours for personnel who perform safety related functions. The
Technical Specification restrictions are superseded by the worker
fatigue requirements in 10 CFR Part 26. Removal of the Technical
Specification requirements will be performed concurrently with the
implementation of the 10 CFR Part 26, Subpart I, requirements. The
proposed change does not impact the physical configuration or function
of plant structures, systems, or components (SSCs) or the manner in
which SSCs are operated, maintained, modified, tested, or inspected.
Worker fatigue is not an initiator of any accident previously
evaluated. Worker fatigue is not an assumption in the consequence
mitigation of any accident previously evaluated.
Therefore, it is concluded that this change does not involve a
significant increase in the probability or consequences of an accident
previously evaluated.
Criterion 2: The Proposed Change Does Not Create the Possibility of a
New or Different Kind of Accident From Any Accident Previously
Evaluated
The proposed change removes Technical Specification restrictions on
working hours for personnel who
[[Page 79928]]
perform safety related functions. The Technical Specification
restrictions are superseded by the worker fatigue requirements in 10
CFR Part 26. Working hours will continue to be controlled in accordance
with NRC requirements. The new rule allows for deviations from controls
to mitigate or prevent a condition adverse to safety or as necessary to
maintain the security of the facility. This ensures that the new rule
will not unnecessarily restrict working hours and thereby create the
possibility of a new or different kind of accident from any accident
previously evaluated.
The proposed change does not alter the plant configuration, require
new plant equipment to be installed, alter accident analysis
assumptions, add any initiators, or effect the function of plant
systems or the manner in which systems are operated, maintained,
modified, tested, or inspected.
Therefore, the proposed change does not create the possibility of a
new or different kind of accident from any previously evaluated.
Criterion 3: The Proposed Change Does Not Involve a Significant
Reduction in a Margin of Safety
The proposed change removes Technical Specification restrictions on
working hours for personnel who perform safety related functions. The
Technical Specification restrictions are superseded by the worker
fatigue requirements in 10 CFR Part 26. The proposed change does not
involve any physical changes to plant or alter the manner in which
plant systems are operated, maintained, modified, tested, or inspected.
The proposed change does not alter the manner in which safety limits,
limiting safety system settings or limiting conditions for operation
are determined. The safety analysis acceptance criteria are not
affected by this change. The proposed change will not result in plant
operation in a configuration outside the design basis. The proposed
change does not adversely affect systems that respond to safely
shutdown the plant and to maintain the plant in a safe shutdown
condition.
Removal of plant-specific Technical Specification administrative
requirements will not reduce a margin of safety because the
requirements in 10 CFR Part 26 are adequate to ensure that worker
fatigue is managed.
Therefore, the proposed change does not involve a significant
reduction in a margin of safety.
Based on the above, the NRC concludes that the proposed change
presents no significant hazards consideration under the standards set
forth in 10 CFR 50.92(c), and, accordingly, a finding of ``no
significant hazards consideration'' is justified.
[FR Doc. E8-30939 Filed 12-29-08; 8:45 am]
BILLING CODE 7590-01-P