[Federal Register Volume 74, Number 220 (Tuesday, November 17, 2009)]
[Notices]
[Pages 59269-59270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27527]
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NUCLEAR REGULATORY COMMISSION
[NRC-2009-0503l; Docket No. 50-315]
Indiana Michigan Power Company; Donald C. Cook Nuclear Plant,
Unit 1; Exemption
1.0 Background
The Indiana Michigan Power Company (the licensee) is the holder of
Facility Operating License Nos. DPR-58, which authorizes operation of
the Donald C. Cook Nuclear Plant, Unit 1 (CNP-1). The license provides,
among other things, that the facility is subject to all rules,
regulations, and orders of the Nuclear Regulatory Commission (NRC, the
Commission) now or hereafter in effect.
The facility consists of two pressurized-water reactors located in
Berrien County in Michigan.
2.0 Request/Action
Title 10 of the Code of Federal Regulations (10 CFR), part 26,
section 205(d)(4) [10 CFR 26.205(d)(4)] provides that during the first
60 days of a unit outage, licensees need not meet the requirements of
10 CFR 26.205(d)(3) for individuals specified in 10 CFR 26.4(a)(1)
through 10 CFR 26.4(a)(4), while those individuals are working on
outage activities. However, 10 CFR 26.205(d)(4) also provides that the
licensee shall ensure that the individuals specified in 10 CFR
26.4(a)(1) through (a)(3) have at least 3 days off in each successive
(i.e., non-rolling) 15-day period and that the individuals specified in
10 CFR 26.4(a)(4) have at least 1 day off in any 7-day period.
The less restrictive requirements of 10 CFR 26.205(d)(4) would be
applied following a period of normal plant operation in which the
workload and overtime levels are controlled by 10 CFR 26.205(d)(3). As
stated in 10 CFR 26.205(d)(4), the less restrictive work hour
requirements are permitted during the first 60 days of a unit outage.
Since the current CNP-1 extended outage commenced in September 2008,
the first 60 days of the unit outage have already elapsed.
The licensee adopted the regulations of 10 CFR 26, subpart I, on
October 1, 2009, and has been controlling work hours accordingly. The
proposed scheduler exemption would allow the less restrictive working
hours of 10 CFR 26.205(d)(4) during a 60-day period beginning within
three days of issuance of the exemption, rather than during the first
60 days of the current unit outage (which commenced in September 2008).
The exemption would include those operations and maintenance personnel
required to support outage-related activities, including preparations
for unit restart. The licensee would ensure that the affected
individuals in these departments would not work excessive overtime
during the period immediately preceding the application of 10 CFR
26.205(d)(4).
The exemption would continue to serve the underlying purpose of 10
CFR 26, subpart I, in that assurance would be provided such that
cumulative fatigue of individuals to safely and competently perform
their duties will not be compromised.
3.0 Discussion
Pursuant to 10 CFR 26.9, the Commission may, upon application by
any interested person or upon its own initiative, grant exemptions from
the requirements of 10 CFR part 26 when (1) the exemptions are
authorized by law, will not present an undue risk to public health or
safety, are consistent with the common defense and security, and are
otherwise in the public interest.
Authorized by Law
This scheduler exemption would allow the licensee to use the less
restrictive working hour limitations provided in 10 CFR 26.205(d)(4)
during a 60 day period beginning within three days of issuance of the
exemption. Because CNP-1 was already in an extended outage during the
implementation of 10 CFR part 26, Subpart I, the licensee has not been
able to apply the less restrictive working hours provided for in 10 CFR
26.205(d)(4). This scheduler exemption would merely place CNP-1 in a
similar position as licensees with outages that commenced after
implementing Subpart I. As stated above, 10 CFR 26.9 allows the NRC to
grant exemptions from the requirements of 10 CFR Part 26. The NRC staff
has determined that granting of the licensee's proposed exemption will
not result in a violation of the Atomic Energy Act of 1954, as amended,
or the Commission's regulations. Therefore, the exemption is authorized
by law.
No Undue Risk to Public Health and Safety
The underlying purpose of 10 CFR 26.205(d)(4) is to provide
licensees flexibility in scheduling required days off while
accommodating the more intense work schedules associated with a unit
outage, while assuring that cumulative fatigue does not compromise the
abilities of individuals to safely and competently perform their
duties. Therefore, no new accident precursors are created by invoking
the less restrictive work hour limitations on a date commensurate with
the start of those activities supporting the restart of CNP-1, provided
that the licensee has effectively managed fatigue for the affected
individuals prior to this date. Thus, the probability of postulated
accidents is not increased. Also, based on the above, the consequences
of postulated accidents are not increased. Therefore, there is no undue
risk to public health and safety.
Consistent With Common Defense and Security
The proposed scheduler exemption would allow for the use of the
less restrictive work hour requirements of 10 CFR 26.205(d)(4) for
operations and maintenance personnel to support restart activities for
CNP-1, which has been in an extended outage since September 20, 2008.
This change to the operation of the plant has no relation to security
issues. Therefore, the common defense and security is not impacted by
this exemption.
Consistent With the Public Interest
The proposed scheduler exemption would allow the licensee to
implement the less restrictive work hour requirements of 10 CFR
26.205(d)(4) to allow flexibility in scheduling required days off while
accommodating the more intensive work schedules that accompany a unit
outage. During the CNP-1 restart period, the workload for operations
and maintenance personnel will undergo a temporary but significant
increase due to filling, venting, flushing, calibration, and testing
evolutions necessitated by the repairs to the secondary and electrical
generation systems and components. These evolutions are in addition to
the normal unit startup activities involving operation and surveillance
testing of primary systems and components. Ensuring a sufficient number
of qualified personnel are available to support these activities is in
the interest of overall public health and safety. Therefore, this
scheduler exemption is consistent with the public interest.
[[Page 59270]]
4.0 Conclusion
Accordingly, the Commission has determined that, pursuant to 10 CFR
26.9, the exemption is authorized by law, will not endanger life or
property nor present an undue risk to the public health and safety, is
consistent with the common defense and security, and is otherwise in
the public interest. Therefore, the Commission hereby grants Indiana
Michigan Power Company an exemption from the requirements of 10 CFR
26.205(d)(4) for the Donald C. Cook Nuclear Plant, Unit 1.
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 (74 FR 58063).
This exemption is effective upon issuance, and implementation of
the work hour limitations as specified in 10 CFR 26.205(d)(4) for CNP-1
operations and maintenance personnel working on outage activities
associated with unit restart will commence no later than November 13,
2009. The licensee may implement the work hour provisions of 10 CFR
26.205(d)(4) for 60 days or until completion of the current CNP-1
forced outage, whichever is shorter. The licensee may implement the
provisions of 10 CFR 26.205(d)(6), if applicable.
Dated at Rockville, Maryland, this 10th day of November 2009.
For the Nuclear Regulatory Commission.
Joseph G. Giitter,
Director, Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
[FR Doc. E9-27527 Filed 11-16-09; 8:45 am]
BILLING CODE 7590-01-P