[Federal Register Volume 76, Number 112 (Friday, June 10, 2011)]
[Notices]
[Pages 34105-34108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-14425]


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NUCLEAR REGULATORY COMMISSION

[NRC-2011-0107; Docket Nos. 50-325 and 50-324]


Carolina Power & Light Company, Brunswick Steam Electric Plant 
Units 1 and 2; Exemption

1.0 Background

    Carolina Power & Light Company, et al. (the licensee), is the 
holder of Facility Operating License Nos. DPR-71 and DPR-62, which 
authorize operation of the Brunswick Steam Electric Plant (BSEP), 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, Commission) now or hereafter 
in effect.
    The facility consists of two boiling water reactors located in 
Southport, North Carolina.

2.0 Request/Action

    By letter dated December 16, 2010 (Agencywide Documents Access and 
Management System (ADAMS) Accession No. ML103630405, as supplemented by 
letter dated January 27, 2011 (ADAMS Accession No. ML110400193), and 
pursuant to Title 10 of the Code of Federal Regulations (10 CFR) 26.9, 
``Specific exemptions,'' the licensee 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 BSEP 
site. Subsequent letters dated March 7 and April 13, 2011 (ADAMS 
Accession Nos. ML110730275 and ML11110A021, respectively) provided 
responses to the NRC staff's requests for additional information 
(RAIs).

[[Page 34106]]

    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 
Statement of Considerations in the 10 CFR Part 26, ``Fitness for Duty 
Programs'' Final Rule published in the Federal Register on March 31, 
2008 (73 FR 16966-17235).
    As stated in 10 CFR Part 26, Subpart I, ``Managing Fatigue,'' the 
requirements in 10 CFR 26.205 apply to individuals identified in 10 CFR 
26.4(a)(1) through (a)(5). These individuals' 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.
    The regulations in 10 CFR 26.205(c) require that an individual's 
work hours be scheduled consistent with the objective of preventing 
impairment from fatigue due to the duration, frequency, or sequencing 
of successive shifts.
    Paragraph 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 specifies the minimum break times 
between work periods and the minimum number of days off that should be 
provided by a licensee to the identified individuals.
    Paragraph 10 CFR 26.205(b) provides the requirement and method to 
calculate work hours and days worked. Paragraph 10 CFR 26.205(b)(3) 
provides the requirement to include in the ``calculation period'' all 
work hours performed for the licensee prior to beginning or resuming 
duties subject to work hour controls.
    Paragraph 10 CFR 26.207(d) provides an allowance for licensees 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 licensee in its letter dated December 16, 2010, states that the 
requested exemption applies to individuals who perform duties 
identified in 10 CFR 26.4(a)(1) through (a)(5) who are designated by 
BSEP as ``covered workers.'' The requested exemption is to support 
effective response to severe weather conditions when travel to and from 
the BSEP site may not be safe or even possible. During these times, the 
licensee sequesters sufficient individuals, including covered workers, 
to perform work as a member of the storm crew. The licensee staffs 
those who will be sequestered onsite during the severe wind event to 
perform two 12-hour shifts. The licensee states that the storm crews 
are augmented by the emergency response organization (ERO) personnel 
based on the severity category of the storm. Therefore, the exemption 
request would also apply to members of the ERO who are subject to work 
hour controls and who will also be sequestered on site during the 
severe weather conditions. The exemption request specifies that the 
exemption is not for discretionary maintenance activities.
    The licensee requested an exemption from the requirements of 10 CFR 
26.206(c) and (d) during the period of time defined by the following 
entry and exit conditions.
    Entry Condition: This is the start time when individuals designated 
to the storm crew performing duties identified in 10 CFR 26.4(a)(1) 
through (a)(5) will not have to meet the requirements of 10 CFR 
26.205(c) and (d). This occurs when the site enters procedure 0AI-68, 
``Brunswick Nuclear Plant Response to Severe Weather Warnings,'' and 
senior plant management determines that travel conditions to the site 
will potentially become hazardous such that storm crew staffing will be 
required based on verifiable weather conditions. 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.
    Exit Condition: This is the time when BSEP personnel must fully 
comply with the requirements of 10 CFR 26.205(c) and (d) following 
severe weather involving tropical storm or hurricane force winds. This 
date and time will be determined by senior plant management and will be 
when sufficient personnel are available to meet the requirements of 10 
CFR 26.205(c) and (d).
    The licensee added that upon exiting the exemption the work hour 
controls will be applied and that the affected individuals will be 
provided a minimum of a 10-hour break prior to the start of the first 
shift following exiting the exemption.
    The licensee states that there is no need for an exemption for BSEP 
covered workers during the period of declared emergency when the 
sustained wind speed is greater than 100 miles per hour (mph), since, 
in accordance with 10 CFR 26.207(d), licensees are not required to meet 
the requirements of 10 CFR 26.205(c) and (d) during a declared 
emergency. The licensee indicated that the exemption will be applied 
during the period defined by the entry and exit conditions, regardless 
of whether BSEP enters the period of declared emergency. As a result, 
there will be only one set of entry and exit conditions.
    In its letter dated December 16, 2010, the licensee committed to 
maintain the following guidance in a site procedure:
     The entry conditions necessary to sequester site personnel 
that are consistent with the conditions specified in the BSEP exemption 
request.
     Provisions for ensuring that personnel who are not 
performing duties are provided an opportunity as well as accommodations 
for restorative rest.
     The condition for departure from the exemption, consistent 
with conditions specified in the exemption request.

3.0 Discussion

    Pursuant to 10 CFR 26.9, the Commission may, upon application of an 
interested person or on its own initiative, grant exemptions from the 
requirements of 10 CFR part 26 when it determines 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.

Authorized by Law

    The exemption being requested for BSEP would allow the site to 
sequester specific individuals on site and to not meet the work hour 
scheduling and control requirements of 10 CFR 26.205(c) and (d) prior 
and subsequent to severe weather conditions such as tropical storms and 
hurricanes. As stated above, 10 CFR 26.9 allows the NRC to grant 
exemptions from the requirements of 10 CFR part 26. 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, and 
is authorized by the Commission's regulations. Therefore, the exemption 
is authorized by law.

[[Page 34107]]

Will Not Endanger Life or Property or the Common Defense and Security

    The fatigue management provisions found in 10 CFR Part 26, Subpart 
I are designed as an integrated approach to managing both cumulative 
and acute fatigue by the licensees and individuals employed at licensed 
facilities. It is the responsibility of the licensees to provide 
training to individuals regarding fatigue management. It is also the 
responsibility of the licensee to provide covered workers with work 
schedules that are consistent with the objective of preventing 
impairment from fatigue due to duration, frequency or sequencing of 
successive shifts. Individuals are required to remain fit for duty 
while at work.
    BSEP Units 1 and 2 are located in southeastern North Carolina, at 
the mouth of the Cape Fear River. As such, the site can be impacted by 
tropical storms and hurricane force winds, typically from June to 
November. The proposed exemption would support effective response to 
severe weather conditions when travel to and from the BSEP site may not 
be safe or even possible. During these times BSEP plans to sequester 
sufficient individuals to staff two 12-hour shifts to maintain the safe 
and secure operation of the facility.
    As a tropical storm or hurricane approaches landfall, high wind 
speeds in excess of wind speeds that create unsafe travel conditions 
may occur. The National Hurricane Center defines hurricane-force winds 
as sustained winds of 74 mph or higher. Severe wind preparedness 
activities become difficult once winds reach tropical storm force; a 
tropical storm warning is issued 36 hours in advance of the anticipated 
onset of tropical storm-force winds (39 to 73 mph). 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 finds the BSEP proceduralized severe weather actions are 
consistent with the lessons learned.
    The entry condition for the exemption can occur, even though the 
wind speed necessary for the declaration of an unusual event (defined 
in the licensee's emergency response plan as when sustained wind speed 
is greater than 100 mph) is not reached. This circumstance may still 
require sequestering a storm crew and a recovery period. Also, high 
winds that make travel unsafe but that fall below the threshold of a 
declared emergency, could be present for several days. After the high 
wind condition has passed, with or without a declared emergency, 
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 10 CFR 26.207(d).
    The exemption allows the licensee to sequester individuals, who are 
needed to maintain the safe operation of the facility during storm 
conditions, to staff two 12-hour shifts of workers consisting of 
personnel from operations, maintenance, health physics, chemistry and 
security and augmented by ERO individuals. Sequestered individuals will 
be allowed a 12-hour break between successive work periods and no 
worker will be scheduled to work more than 12 consecutive hours. The 
BSEP site procedure 0AI-68 provides for the establishment of sleeping 
areas (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. However, the 
accommodations and potentially stressful circumstances may not be as 
restful as individuals would otherwise desire. Under the circumstances, 
these actions are consistent with the acceptable practice of fatigue 
management.
    The exemption allows the licensee to provide for the use of 
whatever plant staff and resources are necessary to respond to a plant 
emergency and ensure that the BSEP units achieve and maintain a safe 
and secure status and can be safely restarted. The exemption also 
allows maintenance activities for structures, systems and components 
that are significant to public health and safety to be performed, if 
required. However, the exemption does not apply to discretionary 
maintenance activities. The NRC staff finds the exclusion of 
discretionary maintenance from the exemption consistent with the intent 
of the exemption, since it supports the use of necessary plant staff 
resources to respond to a plant emergency.
    Following the severe weather event, BSEP will return to work hour 
controls when senior plant management determines that sufficient 
personnel are available to return to the site to make the reinstitution 
of work hour controls possible. When this determination is made, full 
compliance with 10 CFR 26.205(c) and (d) is again required.
    When the exemption period(s) ends, the licensee is immediately 
subject to the scheduling requirements of 10 CFR 26.205(c) and the work 
hour/rest break/days off requirements of 10 CFR 26.205(d), and must 
ensure that any individual performing covered work complies with these 
requirements. Paragraph 10 CFR 26.205(b)(3) requires the licensee to 
``look back'' over the calculation period and count the hours the 
individual has worked and the rest breaks and days off he/she has had, 
including those that occurred during the licensee-declared emergency. 
Hours worked must be below the maximum limits and rest breaks must be 
above the minimum requirements in order for the licensee to allow the 
individual to perform covered work. Days off and hours and shifts 
worked during the licensee-declared emergency and the exempted period 
before and after the declared emergency, would be counted as usual in 
the establishment of the applicable shift schedule and compliance with 
the minimum number of days off requirements.
    Granting this exemption is consistent with the intent of 10 CFR 
26.207(d) that 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 Final Rule (73 FR 17148) 
states, ``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 10 CFR 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 reaches and 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.'' Consistent with NUERG-
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 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

[[Page 34108]]

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. Further, the exemption supports 
sequestering enough essential security personnel to provide for shift 
relief, which is necessary to ensure adequate protection of the plant 
and personnel safety. Therefore, the exemption will not endanger life 
or property or the common defense and security.

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 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, will not endanger life or 
property or the common defense and security, and is otherwise in the 
public interest. Therefore, the Commission hereby grants Carolina Power 
& Light Company an exemption from the requirements of 10 CFR 26.205(c) 
and (d) for BSEP, Units 1 and 2 during periods of severe weather 
conditions such as tropical storm and hurricane force winds at the 
site.
    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 (76 FR 28481).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 2nd day of June 2011.

    For the Nuclear Regulatory Commission.
Joseph G. Giitter,
Director, Division of Operating Reactor Licensing, Office of Nuclear 
Reactor Regulation.
[FR Doc. 2011-14425 Filed 6-9-11; 8:45 am]
BILLING CODE 7590-01-P