[Federal Register Volume 76, Number 43 (Friday, March 4, 2011)]
[Notices]
[Pages 12137-12140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4985]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[NRC-2011-0023; Docket No. 50-382]
Entergy Operations, Inc. Waterford Steam Electric Station, Unit 3
Exemption
1.0 Background
Entergy Operations, Inc. (Entergy, the licensee) is the holder of
Facility Operating License Number NPF-42, which authorizes operation of
the Waterford Steam Electric Station, Unit 3 (Waterford 3). 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
Saint Charles Parish, Louisiana.
2.0 Request/Action
By letter dated May 27, 2010 (Agencywide Documents Access and
Management System (ADAMS) Accession No. ML101520325), and supplemented
by letters dated November 3 and 29, 2010 (ADAMS Accession Nos.
ML103090716 and ML103350158, respectively), Entergy requested an
exemption, pursuant to Section 26.9, ``Specific exemptions,'' of Title
10 of the Code of Federal Regulations (10 CFR), from the requirements
of Sections 26.205(c) and (d) during declarations of severe weather
conditions, such as a tropical storm and hurricane-force winds, as
described in Entergy's document, Procedure ENS-EP-302, ``Severe Weather
Response.'' The requested exemption would apply to individuals who
perform duties identified in 10 CFR 26.4(a)(1) through (a)(5) who are
sequestered in the event of severe winds and who would need to be
available to ensure the plant remains in a safe and secure status to
protect the public.
Waterford 3 is located in a coastal area and has a likelihood of
being affected by hurricane watches and warnings or inland hurricane
wind watches and warnings caused by a hurricane impacting the coast.
The most recent events were Hurricanes Katrina (August 27, 2005) and
Gustav (August 31, 2008). In both events, the site was under a
hurricane warning. Widespread evacuations were required for both storms
and response personnel were sequestered on site. The site entered an
Unusual Event in both cases. The exemption request proposes to extend
the exception provided by Section 26.207(d) for pre-defined entry and
exit conditions related to hurricane events because the sequestering of
plant personnel and related staff resource limitations may occur at
times prior to and following the hurricane.
The exemption will allow Waterford 3 to sequester individuals on-
site, when travel to and from the site during high-wind conditions may
be hazardous or simply not possible. If conditions are such that
sustained winds of 74 mile per hour are present on-site, then Waterford
3 must declare a notice of Unusual Event (UE). When this declaration is
made, an exemption from work hour controls is available under 10 CFR
26.207(d).
The regulations in 10 CFR 26.205(c), ``Work hours scheduling,'' a
performance-based provision, require that licensees 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.
After the high-wind conditions pass, wind damage to the plant and
surrounding area might preclude sufficient numbers of individuals from
immediately returning to the site. Additionally, if mandatory civil
evacuations were ordered, this would possibly delay the return of
sufficient relief personnel. In its letter dated November 3, 2010, the
licensee clarified that the exemption will be exited if the relevant
hurricane watch/warning or Inland Hurricane Watch/Warning has been
canceled; if weather conditions and highway infrastructure support safe
travel; and if relief crews are available to restore normal shift
rotation determined by the Site VP (or designee). When this declaration
is made, full compliance with 10 CFR 26.205(c) and (d) is again
required.
Thus, to summarize, the Entergy exemption request for Waterford 3
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.
3.0 Discussion
The NRC, pursuant to 10 CFR 26.9, requires that upon application of
any interested person or on its own initiative, the 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:
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
[[Page 12138]]
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,
would not adversely affect the common defense and security, and is
otherwise in the public interest.
Workers covered by the requirement are workers who perform duties
identified in 10 CFR 26.4(a)(1) through (a)(5), who are sequestered in
the event of severe winds, and who would need to be available to ensure
the plant remains in a safe and secure status to protect the public.
Those duties are: [(1) Operating or onsite directing of the operation
of structures, systems, and components (SSCs) that a risk-informed
evaluation 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].
Pursuant to 10 CFR 26.207(d), licensees need not meet the
requirements of Section 26.205(c) and (d) during declared emergencies
as defined in the licensee's emergency plan. A tropical storm watch
occurs when sustained winds are at least 39 mph. The entry condition
for the Waterford 3 declaration of an Unusual Event is a confirmed
hurricane-force wind greater or equal to 74 mph that is expected to
arrive on site in less than 12 hours as projected by the National
Weather Service. Therefore, entry conditions for the requested
exemption precede the declaration of an Unusual Event.
Section 26.207(d) states that licensees need not meet the
requirements of 26.205(c) and (d) during declared emergencies,
therefore there is no need for an additional exemption to be granted
during the period of a declared emergency for severe winds. Although
work hours, breaks, and days off are calculated as usual during a
licensee-declared plant emergency, licensees are unconstrained in the
number of hours they may allow individuals to work performing covered
duties or the timing and duration of breaks they must require them to
take.
High-Wind Exemption
A high-wind exemption includes the period starting with the entry
conditions prior to the declaration of an Unusual Event (confirmed
hurricane watch or warning is in effect). As a 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.''
The National Hurricane Center defines a hurricane warning as an
announcement that hurricane conditions (sustained winds of 74 mph or
higher) are expected somewhere within the specified coastal area.
Because severe wind preparedness activities become difficult once winds
reach tropical storm force, a hurricane warning is issued 36 hours in
advance of the anticipated onset of tropical-storm-force winds (39 to
73 mph).
The following are entry conditions where the site may apply a
proposed allowance period for exemption from fatigue rule requirements
(Entergy Procedure EN-EP-309, ``Fatigue Management for Hurricane
Response Activities'').
(a) The site location is expected to be within a Hurricane Watch or
Warning area. OR
(b) The site location is expected to be within an Inland Hurricane
Watch or Warning area. OR
(c) Travel conditions are forecasted to be hazardous for employee
commutes to and from the site (i.e., sustained wind conditions of
greater than 40 mph). OR
(d) Local municipalities are preparing to declare restrictions on
travel that would impact employee commutes and/or are preparing to
order or recommend evacuations in areas that affect essential staffing
levels for the site.
Lessons learned that are included in NUREG-1474, include the
acknowledgement that detailed, methodical preparations should be made
prior to the onset of hurricane-force winds. The NRC staff concludes
that Waterford 3's organized actions are consistent with the lessons
learned.
Recovery Exemption Immediately Following a High-Wind Exemption
The period immediately following the high-wind exemption, but when
the conditions for an Unusual Event no longer exist, may still require
a recovery period. Also, high winds that make travel unsafe but that
fall below the threshold of an emergency, could be present for several
days. After the high-wind condition has passed, sufficient numbers of
personnel may not be able to access the site to relieve the sequestered
individuals. An exemption during these conditions is consistent with
the intent of the 10 CFR 26.207(d).
Recovery Exemption Immediately Following an Emergency Plan Exemption
Following a declared emergency, under 10 CFR 26.207(d), due to
high-wind conditions, the site may not be accessible by sufficient
numbers of personnel to allow relief of the sequestered individuals.
Once the high-wind conditions have passed and the Unusual Event exited,
a recovery period might be necessary. An exemption during these
circumstances is consistent with the intent of 10 CFR 26.207(d).
Once Waterford 3 has entered into either the high-wind exemption or
the 10 CFR 26.207(d) exemption, the licensee does not need to make a
declaration that it is invoking the recovery exemption.
Unit Shutdown
If a hurricane warning is in effect and the storm is projected to
reach the site, Waterford 3 specifies that 12 hours prior to arrival of
hurricane conditions onsite, as projected by the National Weather
Service, Waterford 3 will commence a plant shutdown as directed by
plant management in anticipation of a loss of offsite power.
Lessons learned from Hurricane Andrew, NUREG-1474, include having
the unit shut down and on decay heat removal when the storm strikes so
that a loss of offsite power will not jeopardize core cooling. The NRC
staff concludes the Waterford 3 plan is consistent with the lessons
learned.
[[Page 12139]]
Fatigue Management
Waterford 3 plans to establish a 12-hour duty schedule comprised of
a day shift and a night shift. In its letter dated November 3, 2010,
the licensee provided a checklist, in procedure ENS-EP-302, Attachment
9.2 which includes ``Management Expectations'' which incorporates an
expectation of responders to sleep when off duty. When personnel are to
be sequestered on site, Waterford 3 permits arrangements for onsite
reliefs and bunking to be made in order to allow for a sufficient
period of restorative sleep for personnel. The relief and bunking areas
will be developed prior to sequestering personnel. Sleeping
accommodations within a weather protected environment will be made
available that will attempt to minimize the interruption of sleep. The
licensee has also provided key features of managing fatigue, which
highlight sufficient numbers of management and supervision that will be
available to provide oversight for plant operating conditions and who
are tasked with monitoring the effects of fatigue such that the public
health and safety is adequately protected. The NRC staff concludes that
the actions presented are consistent with the practice of fatigue
management.
Maintenance
In its letter dated November 3, 2010, the licensee clarified that
the exemption request will only apply to individuals involved in
hurricane response activities that perform duties indentified in 10 CFR
26.4 (1) through (5). The exemption does not apply to discretionary
maintenance activities. The exemption is for work necessary to maintain
the plant in a safe and secure condition. Suspension of work hour
controls is for storm preparation activities and those deemed critical
for plant and public safety. The NRC staff concludes that the exclusion
of discretionary maintenance from the exemption request to be
consistent with the intent of the exemption.
Procedural Guidance
In its letter dated November 29, 2010, the licensee made a
commitment to incorporate the following guidance in site procedures:
(1) The conditions necessary to sequester site personnel that are
consistent with the conditions specified in the Waterford 3 exemption
request (W3F1-2010-0045).
(2) Provisions for ensuring that personnel who are not performing
duties are provided an opportunity as well as accommodations for
restorative rest.
(3) The condition for departure from the exemption is based on the
Site VP's [Vice President's] (or his duly assigned designee'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 Site VP (or
designee) determines that sufficient relief crews are available to
restore normal shift rotation.
Waterford 3 utilizes staffing rosters tied to a departmental or
organizational function, known as watch bills, to monitor compliance
with the fatigue rule requirements. Capability to restore normal shift
rotation would be ascertained via restoration of the watch bill
process. Upon exiting the exemption, the work hour controls in Section
26.205(c) and (d) apply and the requirements in Section 26.205(3)(b)
must be met.
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 security is not impacted by this
exemption.
Otherwise in the Public Interest
The proposed exemption would increase the availability of licensee
staff to perform additional duties to ensure that the plant is in a
safe configuration during weather-related emergencies. Therefore,
granting this exemption is in the public interest.
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 submitted
procedures 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 reviewed the exemption request from certain work
hour controls during conditions of high winds and recovery from high-
wind conditions. Based on the considerations
[[Page 12140]]
discussed above, 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 or the
health and safety of the public.
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 (76 FR 5408; January 31, 2011).
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 23rd day of February 2011.
For the Nuclear Regulatory Commission.
Joseph G. Giitter,
Director, Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
[FR Doc. 2011-4985 Filed 3-3-11; 8:45 am]
BILLING CODE 7590-01-P