[Federal Register Volume 75, Number 132 (Monday, July 12, 2010)]
[Notices]
[Pages 39707-39710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16878]
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NUCLEAR REGULATORY COMMISSION
[NRC-2010-0162; Docket Nos. 50-498 and 50-499]
STP Nuclear Operating Company, South Texas Project, Units 1 and
2; Exemption
1.0 Background
STP Nuclear Operating Company (STPNOC, the licensee) is the holder
of Facility Operating Licenses numbered NPF-76 and NPF-80, which
authorize operation of the South Texas Project (STP), Units 1 and 2,
respectively. The licenses provide, 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 two pressurized-water reactors located in
Matagorda County, Texas.
2.0 Request/Action
By letter dated September 21, 2009 (Agencywide Documents Access and
Management System (ADAMS) Accession No. ML092720178), and supplemented
by letters dated October 14, 2009 (ADAMS Accession No. ML092930172),
and February 11, April 19, and May 10, 2010 (ADAMS Accession Nos.
ML100490048, ML101160042, and ML101340116, respectively), the licensee
requested an exemption, pursuant to Sec. 26.9, ``Specific
exemptions,'' of Title 10 of the Code of Federal Regulations (10 CFR),
from the requirements of 10 CFR 26.205(c) and (d) during declarations
of severe weather conditions, such as tropical storm and hurricane
force winds.
The regulations in 10 CFR 26.205(c), ``Work hours scheduling,'' a
performance-based provision, require that licensees shall schedule the
work hours of individuals who are subject to this section consistent
with the objective of preventing impairment from fatigue due to
duration, frequency, or sequencing of successive shifts. The
regulations in 10 CFR 26.205(d), ``Work hour controls,'' specify the
maximum work hour limits, the minimum break requirements and the
minimum day-off requirements for covered workers (defined below).
The regulations apply to individuals designated as the ``storm
crew'' who are sequestered on-site to perform duties identified in 10
CFR 26.4(a)(1) through (a)(5). Those duties are: (1) Operating or
onsite directing of the operation of structures, systems and components
(SSCs) that a risk-informed evaluation
[[Page 39708]]
process has shown to be significant to public health and safety; (2)
performing health physics or chemistry duties required as a member of
the onsite emergency response organization's minimum shift complement;
(3) performing the duties of a fire brigade member who is responsible
for understanding the effects of fire and fire suppressants on safe
shutdown capability; (4) performing maintenance or onsite directing of
the maintenance of SSCs that a risk-informed evaluation process has
shown to be significant to public health and safety; and (5) performing
security duties as an armed security force officer, alarm station
operator, response team leader, or watchperson [security personnel].
The storm crew members perform these duties and are designated as
covered workers.
The licensee's request states that adherence to all work hour
controls could impede the licensee's ability to use whatever staff
resources may be necessary to respond to a plant emergency and ensure
that the plant maintains a safe and secure status. The licensee
requests exemption from the requirements of 10 CFR 26.205(c) and (d)
during declaration of severe weather conditions associated with
tropical storms and hurricane force winds. The exemption would allow
the storm crew to sequester on-site, as travel to and from the site
during high-wind conditions may be hazardous or not possible.
According to the National Weather Service's Tropical Cyclone
Classification, a sustained wind speed of 40 miles per hour (mph) makes
travel unsafe for the common traveler (National Weather Service
Glossary). If conditions worsen such that sustained winds of 73 mph are
present on-site, then an unusual event will be declared. When an
unusual event is declared, the licensee will shutdown the plant, and
the exception under current regulations at 10 CFR 26.207(d), ``Plant
Emergencies,'' will allow the licensee not to meet the requirements of
10 CFR 26.205(c) and (d), from the time that the storm or hurricane
sequestering conditions are met until severe weather exit conditions
are sustained. The exemption will only apply to individuals in the
storm crew who perform duties identified in 10 CFR 26.4(a)(1) through
(5).
The requested exemption is needed during initiation of high-wind
conditions, and will continue after the exception under a declared
emergency pursuant to current regulation at 10 CFR 10 CFR 26.207(d) has
ended. The exemption will terminate upon declaration of the Emergency
Operations Facility Director that sufficient personnel are able to
return to the site to make the reconstitution of work hour control
possible. When storm crew sequestering exit conditions are met, full
compliance with 10 CFR 26.205(c) and (d) is again required.
3.0 Discussion
The Nuclear Regulatory Commission, pursuant to 10 CFR 26.9,
requires that upon application of any interested person or on its own
initiative, Commission may grant such exemptions from the requirements
of the regulations at 10 CFR 26.205(c) and (d), as ``it determines 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 NRC staff has reviewed the licensee's request using the
regulations contained in 10 CFR 26.205 and 10 CFR 26.207 and related
Statements of Consideration in the 10 CFR part 26 final rule published
in the Federal Register on March 31, 2008 (73 FR 17148). Other
references include:
NUREG-0654, ``Criteria for Preparation of and Evaluation
of Radiological Emergency Response Plans and Preparedness in Support of
Nuclear Power Plants;''
NRC Regulatory Guide 5.73, ``Fatigue Management for
Nuclear Power Plant Personnel,'' dated March 2009 (ADAMS Accession No.
ML083450028);
NRC Information Notice 93-53, ``Effect of Hurricane Andrew
on Turkey Point Nuclear Generating Station and Lessons Learned,'' dated
July 20, 1993 (ADAMS Accession No. ML031070364);
NRC Information Notice 93-53, Supplement 1, ``Effect of
Hurricane Andrew on Turkey Point Nuclear Generating Station and Lessons
Learned,'' dated April 29, 2004 (ADAMS Accession No. ML031070490);
NUREG-0933, ``Resolution of Generic Safety Issues, Section
3, `New Generic Issues: Issue 178: Effect of Hurricane Andrew on Turkey
Point (Revision 2)'''; and
NUREG-1474, ``Effect of Hurricane Andrew on the Turkey
Point Nuclear Generating Station from August 20-30, 1992,'' produced
jointly by the NRC and the Institute of Nuclear Power Operations (non-
publicly available).
Based on its review, the NRC staff agrees that preparing the site
for the onset of tropical storms and hurricanes, which includes
sequestering enough essential personnel to provide for shift relief, is
necessary to ensure adequate protection of the plant and personnel
safety, would maintain protection of health and safety of the public,
and would not adversely affect the common defense and security.
Under 10 CFR 26.207(d), licensees need not meet the requirements of
10 CFR 26.205(c) and (d) during declared emergencies (unusual event) as
defined in the licensee's emergency plan. The STPNOC's exemption
request states that during the period that STPNOC requested to be
exempt from 10 CFR 26.205(c) and (d), STPNOC may meet the conditions
for entering the emergency plan. Since 10 CFR 26.207(d) states that the
licensees need not meet the requirements of 10 CFR 26.205(c) and (d)
during the declared emergencies, there is no need for an exemption for
members of the storm crew during the period of a declared emergency.
Therefore, STPNOC's exemption request can be characterized as
having three parts: (1) High-wind exemption encompassing the period
starting with the initiating conditions to just prior to declaration of
an unusual event; (2) a period defined as immediately following high-
wind condition, when an unusual event is not declared, but when a
recovery period is still required; and (3) a recovery exemption
immediately following an existing 10 CFR 26.207(d) exception as
discussed above.
High-Wind Exemption
A high-wind exemption encompasses the period starting with the
initiating conditions (see list below) to just prior to the declaration
of an unusual event (sustained winds of 73 mph are present onsite). As
a tropical storm or hurricane approaches landfall, high wind speeds--in
excess of wind speeds that create unsafe travel conditions--are
expected. During these times, the National Weather Service typically
publishes a projected path of the storm. This condition will be
described as the ``high-wind condition'' or ``period of high winds,''
(National Weather Service's Tropical Cyclone Classification).
For the purposes of this exemption, declaration of the entry
condition allows any onsite individual who performs duties identified
in 10 CFR 26.4(a)(1) through (a)(5) to not have to meet the
requirements of 10 CFR 26.205(c) and (d) if they are designated as part
of the storm crew. This entry condition occurs when:
The site enters the STP Hurricane Plan.
The Emergency Operations Facility (EOF) Director
determines that travel conditions to the site will potentially become
hazardous such that storm crew staffing will be required based on
verifiable weather conditions (STP
[[Page 39709]]
procedure 0PGP03-ZV-0002, Rev. 4, ``Hurricane Plan'').
Verifiable weather conditions are defined as when the site
is located within the National Hurricane Center 5-day cone of
probability for predicted winds of Tropical Storm or Hurricane force
impact.
Lessons learned that are included in NUREG-1474, ``Effect of
Hurricane Andrew on the Turkey Point Nuclear Generating Station from
August 20-30, 1992,'' include the acknowledgement that detailed,
methodical preparations should be made prior to the onset of hurricane
force winds. The NRC staff concludes that STP's proceduralized actions
are consistent with the lessons learned.
Recovery Exemption Immediately Following a High-Wind Exemption
The period defined as after the high-wind exemption, possibly
several days, when an unusual event was not declared, but a recovery
period is still necessary, as high winds exist that make travel unsafe.
Also, after the high-wind condition has passed, sufficient numbers of
personnel may not able to access the site to relieve the sequestered
storm crew. An exemption during these conditions is consistent with the
intent of the 10 CFR 26.207(d) exception.
Recovery Exemption Immediately Following an Emergency Plan Exception
Following a declared emergency under 10 CFR 26.207(d), due to high
wind conditions, and once the high wind conditions have passed and the
unusual event exited, the site may not be accessible by sufficient
numbers of personnel to allow relief of the sequestered storm crew.
During these conditions, an exemption is consistent with the intent of
10 CFR 26.207(d).
Once STPNOC has entered into high-wind exemption or 10 CFR
26.207(d) exception, the licensee would not need to make a declaration
that it is invoking the recovery exemption.
Unit Shutdown
The STP exemption request states that following the declaration of
an unusual event resulting from predicted natural phenomenon, the units
are required to be shut down to hot standby at least 2 hours prior to
hurricane force winds arriving on-site. Lessons learned from Hurricane
Andrew, NUREG-1474, include having both units shut down and on residual
heat removal when the storm strikes so that a loss-of-offsite power
will not jeopardize core cooling. The NRC staff concludes that the STP
plan is consistent with the lessons learned.
Storm Crew
STPNOC plans to sequester sufficient individuals to staff two 12-
hour shifts of workers consisting of personnel from operations,
maintenance, health physics, chemistry and security to maintain the
safe and secure operation of the facility. The STPNOC'S hurricane plan
provides for bunking facilities in the power block that allows for
restorative rest for the off-crew. This plan is consistent with
managing fatigue. A 12-hour break provides each individual with an
opportunity for restorative rest. However, the accommodations and
potentially stressful circumstances may not be as restful as
individuals would otherwise desire. The NRC staff concludes that, under
the circumstances, these actions are consistent with the expected
practice of fatigue management.
Maintenance
The NRC staff does not consider discretionary maintenance to be
maintenance of SSCs that is required as a result of the storm's high
winds or required Technical Specification surveillances. In its letter
dated April 19, 2010, the licensee clarified that the exemption request
is not intended for performing discretionary maintenance or the
direction of discretionary maintenance. The exemption is for specific
work necessary to maintain the plant in a safe and secure condition, or
to protect equipment required for safety or power generation from
potential storm damage. The NRC staff concludes that this definition of
discretionary maintenance and the exclusion of discretionary
maintenance from the exemption request is consistent with the intent of
this exemption.
Procedural Guidance
In its letter dated May 10, 2010, in response to a phone call on
May 6, 2010, the licensee made a commitment to incorporate the
following guidance in site procedures:
The conditions necessary to sequester site personnel are
consistent with the conditions specified in the STPNOC exemption
request,
Provisions for ensuring that personnel who are not
performing duties are provided an opportunity as well as accommodations
for restorative rest, and
The condition for departure from the exemption is based on
the EOF Director's determination that adequate staffing is available to
meet the requirements of 10 CFR 26.205(c) and (d).
Returning to Work Hour Controls
The licensee must return to work hour controls when the EOF
Director determines that adequate staff is available to meet the 10 CFR
26.205(c) and (d) requirements.
Upon exiting the exemption, all work hour controls will apply. The
individuals must have had a minimum of a 10-hour break prior to the
start of the first shift following exiting the exemption. The minimum
day-off requirement (10 CFR 26.205(d)(3)) is considered reset and the
forward shift schedules must be designed to meet the minimum day-off
requirements.
Authorized by Law
As stated above, this exemption would apply to the storm crew
sequestered on site. The licensee's request states that adherence to
all work hour controls could impede the licensee's ability to use
whatever staff resources may be necessary to respond to a plant
emergency and ensure that the plant maintains a safe and secure status.
As stated above, 10 CFR 26.9 allows the NRC to grant exemptions from
the requirements of 10 CFR 26.205(c) and (d). 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 purposes of 10 CFR 26.205(c) and (d) are to prevent
impairment from fatigue due to duration, frequency, or sequencing of
successive shifts. Based on the above evaluation, no new accident
precursors are created by utilizing whatever staff resources may be
necessary to respond to a plant emergency and ensure that the plant
maintains a safe and secure status; therefore, the probability of
postulated accidents is not increased. Also, the consequences of
postulated accidents are not increased, because there is no change in
the types of accidents previously evaluated. Therefore, there is no
undue risk to public health and safety.
Consistent With Common Defense and Security
The proposed exemption would allow the licensee to utilize whatever
staff resources may be necessary to respond to a plant emergency and
ensure that the plant maintains a safe and secure status. This change
to the operation of the plant has no relation to security issues.
Therefore, the common defense and
[[Page 39710]]
security is not impacted by this exemption.
4.0 Conclusion
Accordingly, the Commission concludes that granting the requested
exemption is consistent with existing regulation at 10 CFR 26.207(d),
``Plant emergencies,'' which allows the licensee to not meet the
requirements of 10 CFR 26.205(c) and (d) during declared emergencies as
defined in the licensee's emergency plan. The 10 CFR Part 26 Statements
of Consideration (73 FR 17148; March 31, 2008), state that ``Plant
emergencies are extraordinary circumstances that may be most
effectively addressed through staff augmentation that can only be
practically achieved through the use of work hours in excess of the
limits of Sec. 26.205(c) and (d).'' The objective of the exemption is
to ensure that the control of work hours do not impede a licensee's
ability to use whatever staff resources may be necessary to respond to
a plant emergency and ensure that the plant maintains a safe and secure
status.
The actions described in the exemption request and ``Hurricane
Plan'' procedure are consistent with the recommendations in NUREG-1474,
``Effect of Hurricane Andrew on the Turkey Point Nuclear Generating
Station from August 20-30, 1992.'' Also consistent with NUREG-1474, NRC
staff expects the licensee would have completed a reasonable amount of
hurricane preparation prior to the need to sequester personnel, in
order to minimize personnel exposure to high winds.
The NRC staff has determined that: (1) The proposed exemption is
authorized by law;(2) there is a reasonable assurance that the health
and safety of the public will not be endangered by the proposed
exemption; (3) such activities will be consistent with the Commission's
regulations and guidance; and (4) the issuance of the exemption will
not endanger the common defense and security.
Pursuant to 10 CFR 51.32, ``Finding of no significant impact,'' the
Commission has previously determined that the granting of this
exemption will not have a significant effect on the quality of the
human environment (75 FR 21678; April 26, 2010).
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 2nd day of July 2010.
For the Nuclear Regulatory Commission.
Joseph G. Giitter,
Director, Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
[FR Doc. 2010-16878 Filed 7-9-10; 8:45 am]
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