[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]


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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]
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