[Federal Register Volume 76, Number 83 (Friday, April 29, 2011)]
[Notices]
[Pages 24062-24064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10404]


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NUCLEAR REGULATORY COMMISSION

[NRC-2010-0363; Docket Nos. 50-335 and 50-389]


Florida Power and Light Company, St. Lucie, Unit Nos. 1 and 2; 
Exemption

1.0 Background

    Florida Power & Light Company, et al. (FPL, the licensee), is the 
holder of Facility Operating License Nos. DPR-67 and NPF-16, which 
authorize operation of St. Lucie, Unit 1 and 2 (St. Lucie 1 and 2). 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) now or hereafter in effect. The facility consists of 
two pressurized-water reactors located on Hutchinson Island in St. 
Lucie County, Florida.

2.0 Request/Action

    Title 10 of the Code of Federal Regulations (10 CFR), Part 26, 
Subpart I, Managing Fatigue, requires that an individual's work hours 
be scheduled consistent with the objective of preventing impairment 
from fatigue as

[[Page 24063]]

found in 10 CFR 26.205(c). Section 26.205(d) of 10 CFR provides the 
actual work hour controls--which include a maximum of 16 work hours in 
any 24-hour period, 26 work hours in any 48-hour period, and 72 work 
hours in any 7-day period. This section also provides the minimum break 
times between work periods and limits for the minimum number of days 
off an individual must be given. The licensee has requested an 
exemption from 10 CFR 26.205(c) and (d) for meeting work hour controls 
during preparation for severe weather conditions involving tropical 
storm or hurricane force winds.
    The requested exemption applies to individuals who perform duties 
identified in 10 CFR 26.4(a)(1) through (a)(5) who are sequestered 
onsite during a severe wind event, as travel to and from the site 
during severe wind conditions may be hazardous or not possible. 
According to the National Weather Service, a sustained wind speed of 40 
miles per hour (mph) makes travel unsafe for the common traveler. The 
exemption request states that because of the unpredictable nature and 
potential speed of a storm, a need to activate the storm crew could 
occur on short notice and without the ability to meet work hour 
controls. The exemption request also states that although the plant may 
not meet the criteria for declaring an emergency based on the NRC-
approved emergency action levels, emergency preparedness would require 
the implementation of the site emergency plan.
    The exemption does not apply to discretionary maintenance 
activities. Suspension of work hour controls is for storm preparation 
activities, and those activities deemed critical for plant and public 
safety.
    Section 26.207(d) of 10 CFR states that licensees need not meet the 
requirements of 26.205(c) and (d) during declared emergencies, as 
defined in the licensee's emergency plan. A confirmed hurricane 
warning, defined by the National Hurricane Center (NHC) as when 
sustained winds of 74 mph are expected somewhere within the specified 
coastal area, is an entry condition for a declared emergency under the 
St. Lucie emergency plan. Therefore, this exemption is not needed, and 
does not apply, during the period of a St. Lucie 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 that they may allow individuals to 
work performing covered duties or the timing and duration of breaks 
they must require them to take.
    The entry condition for this exemption occurs when there is a 
confirmed tropical storm watch or warning or when there is a confirmed 
hurricane watch or warning and the St. Lucie Hurricane Response 
Coordinator (a senior management official at St. Lucie) indicates that 
site preparations should be commenced per the severe weather 
preparation procedure. As defined by the National Hurricane Center 
(NHC), a tropical storm watch is declared when sustained winds of at 
least 39 mph are expected somewhere within the specified coastal area. 
Therefore, entry conditions for the exemption may precede the 
declaration of an emergency due to a confirmed hurricane warning.
    The exit condition for the exemption is when the Hurricane Response 
Coordinator determines that conditions and available personnel are 
sufficient to safely meet the requirements of 10 CFR 26.205(c) and (d). 
Therefore, exit conditions for this exemption request can possibly come 
well after the exit of a declared emergency. After high wind conditions 
pass, damage to the plant and surrounding area might preclude 
sufficient numbers of individuals from immediately returning to the 
site. Additionally, mandatory civil evacuations could also delay the 
return of sufficient relief personnel. When the Hurricane Response 
Coordinator determines that conditions permit sufficient personnel to 
be available following a severe wind event, full compliance with 10 CFR 
26.205(c) and (d) is again required.
    Regulatory Guide 5.73, Fatigue Management for Nuclear Power Plant 
Personnel, endorses the Nuclear Energy Institute (NEI) report NEI 06-
11, revision 1, ``Managing Personnel Fatigue at Nuclear Power Plants,'' 
with certain clarifications, additions and exceptions.
    The NRC staff has endorsed this guidance for use during declared 
emergencies. After exiting the emergency, the licensee is immediately 
subject to the scheduling requirements of 10 CFR 26.205(c) and the work 
hour/rest break/minimum day off requirements of 10 CFR 26.205(d). As 
required by 26.205(b)(3), all time worked during the emergency must be 
tracked to ensure that individuals are not fatigued when work hour 
controls are reinstated. The staff has previously determined that NEI 
06-11, Revision 1, Section 7.5 ``Reset from Deviations'' is an 
acceptable method for resuming work hour controls after a Plant 
Emergency exception.
    STP Nuclear Operating Company, the licensee for South Texas Project 
Units 1 and 2 has been granted a similar exemption from severe wind 
conditions, which can be found in the Federal Register dated July 12, 
2010 (75 FR 39707). The NRC staff granted a similar exemption to FPL 
for Turkey Point, Units 3 and 4. The exemption can be found in the 
Federal Register dated January 6, 2011 (76 FR 802).
    The effects of Hurricane Andrew on the Turkey Point site were used 
to identify lessons learned to consider when evaluating this request. 
The following sources were reviewed:
     NUREG-1474, ``Effect of Hurricane Andrew on the Turkey 
Point Nuclear Generating Station from August 20-30, 1992.''
     NRC Information Notice 93-53, ``Effect of Hurricane Andrew 
on Turkey Point Nuclear Generating Station and Lessons Learned.''
     NRC Information Notice 93-53, Supplement 1, ``Effect of 
Hurricane Andrew on Turkey Point Nuclear Generating Station and Lessons 
Learned.''
     NUREG-0933, ``Resolution of Generic Safety Issues,'' Issue 
178: Effect of Hurricane Andrew on Turkey Point (Rev 2).
    Hurricane Andrew was a Category 5 hurricane that struck the Turkey 
Point site on August 24, 1992. On September 10, 1992, the NRC and the 
Institute of Nuclear Power Operations jointly sponsored a team to 
review the damage of Hurricane Andrew on the nuclear units and the 
utility's actions to prepare for the storm and recover from it and 
compile lessons learned that might benefit other nuclear utilities. 
Lessons learned from Hurricane Andrew, NUREG-1474, include having all 
units shutdown and on residual heat removal when a storm strikes so 
that a loss of offsite power will not jeopardize core cooling. The 
licensee exemption request for St. Lucie and the licensee's site 
procedures related to severe winds were compared to the actions and 
lessons learned documented in NUREG-1474, including an indication that 
detailed methodical preparations should be made prior to the onset of 
hurricane force winds, and are consistent with the lessons learned.
    The licensee's site procedures provide that if a hurricane warning 
is in effect and the storm is projected to reach the site as a Category 
1 or 2 hurricane, then shutdown of the units to hot standby (mode 3) is 
commenced at least two (2) hours before the projected onset of 
sustained hurricane force winds at the site. Both units will remain 
offline for the duration of the hurricane force

[[Page 24064]]

winds (or restoration of reliable offsite power). If the storm is 
projected to reach the site as a category 3, 4, or 5 hurricane prior to 
landfall, specific shutdown conditions are established at least two (2) 
hours before the projected onset of sustained hurricane force winds at 
the site. Because severe weather preparations will likely commence 
prior to the shutdown of the units, this exemption will allow 
sufficient personnel onsite to ensure that the facility is properly 
secured for severe weather. The NRC staff has reviewed the FPL 
exemption request for the St. Lucie site and agrees that preparing the 
site for the onset of severe wind conditions such as hurricanes, 
including sequestering enough essential personnel to provide for shift 
relief, is prudent to ensure plant and personnel safety.
    The licensee plans to sequester sufficient individuals to staff two 
12-hour shifts of workers consisting of personnel from operations, 
maintenance, health physics, chemistry, engineering, and security to 
maintain the safe and secure operation of the facility. The St. Lucie 
hurricane plan provides for bunking facilities that provide an 
accommodation for restorative rest for the off crew. A 12-hour break 
provides each individual with an opportunity for restorative rest. 
Although the accommodations and potentially stressful circumstances may 
not be ideal for restorative rest, the NRC finds that these actions are 
consistent with the practice of fatigue management when limited 
personnel are available during severe weather conditions.
    In summary, by letter dated October 16, 2009 (Agencywide Documents 
Access and Management System (ADAMS) Accession No. ML092990394), and 
pursuant to Title 10 of the Code of Federal Regulations (CFR) 26.9, FPL 
requested an exemption from the requirements of 10 CFR 26.205(c), 
``Work hours scheduling,'' and (d), ``Work hour controls,'' during 
declarations of severe weather conditions such as tropical storm and 
hurricane force winds at the St. Lucie site. Supplemental responses and 
responses to requests for additional information are dated March 11, 
2010 (ADAMS Accession No. ML100750658), September 16, 2010 (ADAMS 
Accession No. ML102640111), December 10, 2010 (ADAMS Accession No. 
ML103560079), and December 22, 2010 (ADAMS Accession No. ML103630360).

3.0 Discussion

    Pursuant to 10 CFR 26.9, the Commission may, upon application of 
any interested person or on its own initiative, grant such exemptions 
from the requirements of 10 CFR Part 26 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.

Authorized by Law

    As stated above, this exemption would allow the licensee to 
sequester the storm crew on site when conditions are met and suspend 
work hour controls for the stated reasons. 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.

Will Not Endanger Life or Property

    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 the licensee maintaining the additional staff 
on site necessary to respond to a plant emergency during a severe storm 
to ensure that the plant maintains a safe and secure status; therefore, 
the probability of postulated accidents is not increased. Even though 
the licensee will utilize whatever staff resources may be necessary 
during severe weather preparation and storm crew activation, 
opportunities for restorative sleep will be maintained. Also, the 
consequences of postulated accidents are not increased because there is 
no change in the types of accidents previously evaluated. Therefore, 
the exemption will not endanger life or property.

Will Not Endanger the 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. The licensee 
will provide sufficient numbers of management and supervision over the 
storm crew or the resources utilized during the plant emergency to 
provide additional oversight for monitoring the effects of fatigue to 
ensure that the safety and security of the facility are maintained. 
Also, during the plant emergency, opportunities for restorative sleep 
will be maintained. 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 the 
licensee staff. The exemption would allow licensee staff to remain at 
or return to the site and perform additional duties to ensure the plant 
is in a safe configuration during the emergency. Therefore, granting 
this exemption is otherwise in the public interest.

4.0 Conclusion

    Accordingly, the Commission has determined that, pursuant to 10 CFR 
26.9, the exemption 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 Florida Power 
& Light Company an exemption from the requirements of 10 CFR 26.205(c) 
and (d) under the conditions specified above for St. Lucie 1 and 2.
    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 (75 FR 73134).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 22nd day of April 2011.

    For the Nuclear Regulatory Commission.
Robert A. Nelson,
Acting Director, Division of Operating Reactor Licensing, Office of 
Nuclear Reactor Regulation.
[FR Doc. 2011-10404 Filed 4-28-11; 8:45 am]
BILLING CODE 7590-01-P