[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