[Federal Register Volume 75, Number 109 (Tuesday, June 8, 2010)]
[Notices]
[Pages 32516-32517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13676]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-338 and 50-339; Docket Nos. 50-280 and 50-281; NRC-
2010-0116]
Virginia Electric and Power Company; North Anna Power Station,
Unit Nos. 1 and 2; Surry Power Station, Unit Nos.1 and 2; Exemption
1.0 Background
Virginia Electric and Power Company (the licensee) is the holder of
Facility Operating License Nos. NPF-4, NPF-7, DPR-32, and DPR-37, which
authorize operation of the North Anna Power Station, Unit Nos. 1 and 2
(NAPS) and Surry Power Station, Unit Nos. 1 and 2 (SPS) located in Lake
Anna, Virginia, and Surry, Virginia, respectively. 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 facilities consist of two pressurized-water reactors each
located in Lake Anna, Virginia, and Surry, Virginia, respectively.
2.0 Request/Action
Title 10 of the Code of Federal Regulations (10 CFR), Part 20,
``Standards for Protection Against Radiation'' Subpart H, ``Respiratory
Protection and Controls to Restrict Internal Exposure in Restricted
Areas,'' establishes the requirements for implementing a respiratory
protection program. These programmatic requirements ensure that worker
doses from airborne radioactive materials are maintained as low as
reasonably achievable.
In summary, by letter dated November 24, 2009, as supplemented by
letter dated February 11, 2010, the licensee requested an exemption
from 10 CFR 20.1703(a), 10 CFR 20.1703(g)(1), and certain requirements
of 10 CFR part 20, Appendix A, Footnote ``a,'' to use the Mine Safety
Appliances, Inc. (MSA), model Firehawk 7 Air Mask self-contained
breathing apparatus (SCBA) with a gas mixture of 35% oxygen and 65%
nitrogen at SPS and NAPS. The licensee's letter dated November 24,
2009, contains proprietary information and accordingly is not available
to the public. In addition, the licensee requested NRC authorization
under 10 CFR 20.1703(b) to use these SCBAs in a configuration not
certified by the National Institute for Occupational Safety and Health
(NIOSH). The regulations in 10 CFR 20.1703(b) allow a licensee to seek
authorization to use respiratory equipment that has not been tested and
certified by NIOSH. When seeking authorization to use equipment not
certified by NIOSH, the licensee is required to demonstrate by testing
that a respirator is capable of safely providing the necessary level of
protection under the anticipated conditions of use. An exemption from
20.1703(a) and an exemption from the protection factors listed in 10
CFR part 20, appendix A is not necessary when the NRC grants
authorization under 20.1703(b) for use of the respiratory equipment.
3.0 Discussion
Pursuant to 10 CFR 20.2301, the Commission may, upon application by
a licensee or upon its own initiative, grant an exemption from the
requirements of 10 CFR part 20, as it deems appropriate or necessary to
protect health or to minimize danger to life or property.
Authorized by Law
This exemption would allow the use of MSA model Firehawk M7 Air
Mask SCBA with a gas mixture of 35% oxygen and 65% nitrogen. Section
20.1703(b) permits a licensee to request NRC approval to use equipment
which has not been tested or certified by NIOSH. The application must
supply evidence that equipment is capable of providing the proposed
degree of protection under the anticipated conditions of use. Dominion
has demonstrated, by documented third-party testing conducted by the
National Aeronautics and Space Administration and Interek, that the
equipment will continue to provide the proposed degree of protection
under the anticipated conditions of use. Dominion also has
[[Page 32517]]
over 30 years of trouble-free operating experience with 35/65 charged
SGBA (MSA Model 401/Ultraiite/Custom 4500 model line).
As stated above, 10 CFR 20.2301, allows the NRC to grant exemptions
from the requirements of 10 CFR part 20. 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 Hazard to Life or Property
The underlying purposes of 10 CFR 20.1703(g)(1) is to ensure that
``Atmosphere-supplying respirators must be supplied with respirable air
of Grade D quality or better as defined by the Compressed Gas
Association'' and that Grade D air criteria include oxygen content (v/
v) of 19.5-23.5%. Section 20.1703(b) permits a licensee to request NRC
approval to use equipment which has not been tested or certified by
NIOSH. The application must supply evidence that the equipment is
capable of providing the proposed degree of protection under the
anticipated conditions of use. The licensee has demonstrated by
documented third-party testing conducted by NASA and Intertek that the
equipment will provide the proposed degree of protection under the
anticipated conditions of use.
Based on the above, no new accident precursors are created by the
use of MSA model Firehawk 7 Air Mask SCBA with a gas mixture of 35%
oxygen and 65% nitrogen at SPS and NAPS, 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 hazard to life or property.
4.0 Conclusion
Accordingly, the Commission has determined that, pursuant to 10 CFR
20.2301, the exemption is authorized by law and there is no undue
hazard to life or property. Therefore, the Commission hereby grants
Virginia Electric and Power Company an exemption from the 10 CFR
20.1703(g)(1), and certain requirements of 10 CFR part 20, appendix A,
Footnote ``a'', to use the MSA model Firehawk 7 Air Mask SCBA with a
gas mixture of 35% oxygen and 65% nitrogen at SPS and NAPS.
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 (Environmental Assessment published in
the Federal Register on March 22, 2010, 75 FR13600).
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 28th day of May 2010.
For the Nuclear Regulatory Commission.
Robert A. Nelson,
Director Deputy, Division of Operating Reactor Licensing, Office of
Nuclear Reactor Regulation.
[FR Doc. 2010-13676 Filed 6-7-10; 8:45 am]
BILLING CODE 7590-01-P