[Federal Register Volume 75, Number 126 (Thursday, July 1, 2010)]
[Notices]
[Pages 38147-38148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16083]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-346; NRC-2010-0240]
FirstEnergy Nuclear Operating Company; Davis-Besse Nuclear Power
Station; Exemption
1.0 Background
FirstEnergy Nuclear Operating Company (FENOC, the licensee) is the
holder of Facility Operating License No. NFP-3, which authorizes
operation of the Davis-Besse Nuclear Power Station, Unit 1 (DBNPS). The
license provides, among other things, that the facility is subject to
all rules, regulations, and orders of the U.S. Nuclear Regulatory
Commission (NRC, the Commission) now or hereafter in effect.
The facility consists of one pressurized-water reactor located in
Ottawa County, Ohio.
2.0 Request/Action
Title 10 of the Code of Federal Regulations (10 CFR) part 26,
``Fitness for duty programs,'' Section 26.205(d)(3), ``Work hour
controls,'' requires licensees to ensure that individuals have, at a
minimum, the number of days off as specified in 10 CFR 26.205(d)(3). It
is from portions of 10 CFR 26.205(d)(3) that DBNPS now seeks a one-time
exemption.
By letter dated May 28, 2010, as supplemented by electronic
correspondence dated June 9, June 11, and June 16, 2010, the licensee
requested a one-time exemption in accordance with 10 CFR 26.9,
``Specific exemptions.'' The regulation at 10 CFR 26.205(d)(4) and
(d)(5) permit the use of less restrictive hour limitations during the
first 60 days of a unit outage, in lieu if the requirements of 10 CFR
26.205(d)(3). The licensee has requested a one-time exemption to allow
the use of the less restrictive hour limitations described in 10 CFR
26.205(d)(4) and (d)(5). The exemption would apply to operations (who
also comprise of the fire brigade), maintenance, security, chemistry
and radiation protection personnel as defined in 10 CFR 26.4(a)(1)
through (a)(5). Being granted this one-time exemption would allow the
licensee to complete work activities to support the current, extended
DBNPS refueling outage.
3.0 Discussion of Part 26 Exemption From Certain Work Hour Control
Requirements
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 the exemptions are authorized
by law, and will not endanger life or property or the common defense
and security, and are otherwise in the public interest.
The approval of this exemption, as noted above, would allow the
licensee to use the work hour limitations as described in 10 CFR
26.205(d)(4) and (d)(5), in lieu if the requirements of 10 CFR
26.205(d)(3).
As stated above, 10 CFR 26.9 allows the NRC to grant exemptions
from the requirements of 10 CFR 26. The NRC staff has determined that
granting of the licensee's proposed exemption would 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.
Davis-Besse Nuclear Power Station Exemption Request
The licensee provided detailed information in the enclosure of its
May 28, 2010 letter, as supplemented by electronic correspondence dated
June 9, June 11, and June 16, 2010, requesting an exemption.
Specifically, the licensee entered the current outage on February
[[Page 38148]]
28, 2010. The outage has been extended due need to perform
modifications to several control rod drive mechanism nozzles prior to
restart. Due to the extension of the outage, plant personal performing
duties defined by 10 CFR 26.4(a)(1) through (a)(5), including the fire
brigade, will have been working hours in accordance with the
requirements of 10 CFR 26.205(d)(3) prior to the application of the
less restrictive working hour limitations of 10 CFR 26.205(d)(4) and
(d)(5) that would be authorized by this exemption. This provides
assurance that covered workers are not already fatigued from working an
outage schedule. Granting this exemption would allow the licensee to
implement the less restrictive work hour requirements of 10 CFR
26.205(d)(4) and (d)(5) to allow flexibility in scheduling required
days off while accommodating the more intensive work schedules that
accompany completion of a unit outage.
Notwithstanding the exemption for this specific requirement, the
licensee will continue to be in compliance with all other requirements
as described in 10 CFR 26.
4.0 Environmental Consideration
The exemption authorizes a one-time exemption from the requirements
of 10 CFR 26.205(d)(3) to allow the use of the less restrictive hour
limitations described in 10 CFR 26.205(d)(4) and (d)(5). The NRC has
determined that this exemption involves no significant hazards
considerations:
(1) The proposed exemption is administrative in nature and is
limited to changing the timeframe when less restrictive hours can be
worked. The proposed exemption does not make any changes to the
facility or operating procedures and does not alter the design,
function or operation of any plant equipment. Therefore, issuance of
this exemption does not increase the probability or consequences of an
accident previously evaluated.
(2) The proposed exemption is administrative in nature and is
limited to changing the timeframe when less restrictive hours can be
worked. The proposed exemption does not make any changes to the
facility or operating procedures and would not create any new accident
initiators. The proposed exemption does not alter the design, function
or operation of any plant equipment. Therefore, this exemption does not
create the possibility of a new or different kind of accident from any
accident previously evaluated.
(3) The proposed exemption is administrative in nature and is
limited to changing the timeframe when less restrictive hours can be
worked. The proposed exemption does not alter the design, function or
operation of any plant equipment. Therefore, this exemption does not
involve a significant reduction in a margin of safety.
Based on the above, the NRC concludes that the proposed exemption
does not involve a 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.
The NRC staff has also determined that the exemption involves no
significant increase in the amounts, and no significant change in the
types, of any effluents that may be released offsite; that there is no
significant increase in individual or cumulative occupational radiation
exposure; that there is no significant construction impact; and there
is no significant increase in the potential for or consequences from a
radiological accident. Furthermore, the requirement from which the
licensee will be exempted involves scheduling requirements.
Accordingly, the exemption meets the eligibility criteria for
categorical exclusion set forth in 10 CFR 51.22(c)(25). 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.
5.0 Conclusion
The staff has reviewed the licensee's submittals and concludes that
the licensee has provided adequate justification for its request for a
one-time 21-day exemption from 10 CFR 26.205(d)(3) to allow the use of
the less restrictive hour limitations described in 10 CFR 26.205(d)(4)
and (d)(5). The NRC has determined that the need to ensure adequate
numbers of qualified workers to complete unit outage activities, given
that workers will have been working hours in accordance with the
requirements of 10 CFR 26.205(d)(3) prior to application of this
exemption, justifies granting this exemption.
Accordingly, the Commission has determined that pursuant to 10 CFR
26.9, ``Specific exemptions,'' an exemption from 10 CFR 26.205(d)(3) is
authorized by law and will not endanger life or property or the common
defense and security, and is otherwise in the public interest.
Therefore the Commission hereby grants the licensee's request for a
one-time, twenty-one day exemption from 10 CFR 26.205(d)(3) to allow
the use of the work hour limitations described in 10 CFR 26.205(d)(4)
and (d)(5).
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 24th day of June 2010.
For the Nuclear Regulatory Commission.
Joseph G. Giitter,
Director, Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
[FR Doc. 2010-16083 Filed 6-30-10; 8:45 am]
BILLING CODE 7590-01-P