[Federal Register Volume 77, Number 152 (Tuesday, August 7, 2012)]
[Notices]
[Pages 47121-47123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-19268]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-317 and 50-318; NRC-2012-0183]
Calvert Cliffs Nuclear Power Plant, LLC; Calvert Cliffs Nuclear
Power Plant, Units 1 and 2; Exemption
1.0 Background
Calvert Cliffs Nuclear Power Plant, LLC (the licensee) is the
holder of Renewed Facility Operating License Nos. DPR-53 and DPR-69,
which authorizes operation of the Calvert Cliffs Nuclear Power Plant,
Units 1 and 2 (Calvert Cliffs). 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 or the
Commission) now or hereafter in effect.
The facility consists of two pressurized-water reactors (PWRs)
located in Calvert County, Maryland.
2.0 Request/Action
Title 10 of the Code of Federal Regulations (10 CFR) Part 26,
Subpart I requires licensees to establish a policy for the management
of fatigue for all individuals who are subject to the licensee's
fitness for duty program. 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 clarifications, additions and
exceptions. NRC staff has endorsed this guidance for use during a plant
emergency. 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). All
time worked during the emergency must be tracked to help ensure that
individuals are not fatigued on the first day of reinstated work hour
controls per 10 CFR 26.205(b)(3). On June 2, 2010, during a lessons
learned public meeting regarding Part 26 Subpart I exemption request
submissions, work hour controls during periods of severe winds such as
a tropical storm or hurricane, the NRC staff indicated that it finds
NEI 06-11 Section 7.5 ``Reset from Deviations'' to be an acceptable
method for resuming work hour controls after the recovery period.
Section 26.205(b) contains the requirement to count work hours and
days worked; and (b)(2) was reviewed to understand if the licensee had
provided a reasonable opportunity and accommodations for restorative
sleep.
Calvert Cliffs is located along the western shore of the Chesapeake
Bay and can be impacted by tropical storms and hurricanes during the
hurricane season and severe winter precipitation conditions during
January and February. By letter dated July 21, 2011 (Agencywide
Documents Access and Management System (ADAMS) Accession No.
ML11203A513), as supplemented by letter dated March 1, 2012 (ADAMS
Accession No. ML12065A182) and electronic mail dated July 10, 2012
(ADAMS Accession No. ML12193A488), the licensee requested an exemption
from the requirements of 10 CFR 26.205(c) and (d) for meeting work hour
rule controls during declarations of severe weather conditions
involving tropical storm or hurricane force winds or severe winter
precipitation. According to the application, adherence to work hour
control requirements could impede the ability to respond to an
emergency condition at the site when travel to and from the site may be
impeded. Specifically, the exemption would allow Calvert Cliffs to
sequester sufficient individuals to staff two 12-hour shifts to
maintain safe and secure operation during severe weather conditions.
[[Page 47122]]
3.0 Discussion
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.
3.1 Exemption From Sections 26.205(c) and (d)
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. The entry condition for
the Calvert Cliffs declaration of an Unusual Event is a sustained wind
speed greater than 75 miles per hour (mph). The criteria for
sequestering essential personnel include travel conditions forecasted
to be hazardous for employee commutes to and from the site such as
sustained wind speeds greater than 40 mph as determined by the National
Weather Service. Therefore, the exemption request covers a period which
precedes the declared emergency, as individuals need to be sequestered
before the severe weather conditions. Similarly, the entry conditions
for severe winter weather are based on forecasts issued by the National
Weather Service. The entry conditions include the issuance of a winter
storm watch, a blizzard warning or an ice storm warning by the National
Weather Service. A winter storm watch is issued by the National Weather
Service when there is a potential for heavy snow or significant ice
accumulations, usually 24 to 36 hours in advance. A winter storm
warning is issued by the National Weather Service when a winter storm
is producing or is forecasted to produce heavy snow or significant ice
accumulations. Blizzard warnings are issued for winter storms with
sustained or frequent winds of 35 mph or higher with considerable
falling and/or blowing snow that frequently reduces visibility to \1/4\
mile or less. An example of the severity of a winter storm that would
likely rise to the level of a winter storm warning or watch for the
area surrounding Calvert Cliffs is one that is expected to produce an
accumulation of 12 inches or more of snow.
3.2 Recovery Exemption Immediately Following a Severe Weather Exemption
The period immediately following the severe weather conditions may
require a recovery period. Also, high winds and inadequate road
conditions that make travel unsafe, but fall below the threshold of an
emergency, could be present for several days. After the severe weather
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).
3.3 Fatigue Management
Calvert Cliffs plans to establish a 12-hour duty schedule comprised
of a day shift and a night shift. When personnel are to be sequestered
on site, Calvert Cliffs provides arrangements for onsite reliefs and
bunking 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. The NRC staff finds the actions presented are
consistent with the practice of fatigue management.
3.4 Maintenance
The exemption request stated that it would only apply to
individuals involved in severe weather response activities that perform
duties identified in 10 CFR 26.4(a)(1) through (5). The exemption does
not apply to discretionary maintenance activities. 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
Calvert Cliffs achieves and maintains a safe and secure status and can
be safely restarted. Suspension of work hour controls is for site
preparation activities and those deemed critical for plant and public
safety only. This does not include activities required to actually
restart the units following any severe weather condition.
3.5 Returning to Work Hour Controls
Calvert Cliffs must return to work hour controls when the plant
management determines that adequate personnel are available, and both
onsite and relief crews have had sufficient time off before resuming
their normal work duties. 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.
3.6 Authorized by Law
This exemption would allow Calvert Cliffs to sequester sufficient
individuals to staff two 12-hour shifts to maintain safe and secure
operation during severe weather conditions. 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, or the Commission's regulations. Therefore,
the exemption is authorized by law.
3.7 Will Not Endanger Life or Property
Section 26.207 provides an exception to the requirements of 10 CFR
26.205(c) and (d) during declared emergencies as defined in the
licensee's Emergency Response Plan. The proposed exemption expands that
allowance for severe weather conditions involving tropical storm or
hurricane force winds or severe winter precipitation that may or may
not result in the declaration of an emergency. Such an allowance
supports sequestering enough required personnel to provide for shift
relief, which is necessary to provide a safe and secure status of the
units and ensure adequate protection of the health and safety of plant
personnel and the public. Therefore, granting this exemption will not
endanger life or property.
3.8 Will Not Endanger the Common Defense and Security
The proposed exemption would allow Calvert Cliffs to sequester
sufficient individuals to staff two 12-hour shifts to maintain safe and
secure operation during severe weather conditions. 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.
3.9 In the Public Interest
The proposed exemption expands an exception already provided in 10
CFR 26.207, which allows the requirements of 10 CFR 26.205(c) and (d)
to not be met during declared emergencies as defined in the licensee's
Emergency Response Plan. The exemption is needed for a unique set of
circumstances to (1) ensure that the control of work hours and
management of worker fatigue does not impede the ability to use
available staff resources to respond to severe weather threat and (2)
ensure that the plant maintains a safe and secure status. Therefore,
the public interest is served by this focus on nuclear safety and
security.
4.0 Environmental Consideration
The exemption would authorize exemption from the requirements of 10
CFR 26.205(c) and (d) to allow Calvert Cliffs to sequester sufficient
individuals to staff two 12-hour shifts to maintain safe and secure
operation during severe weather conditions. Using the standard set
forth in 10 CFR 50.92 for
[[Page 47123]]
amendments to operating licenses, the NRC staff determined that the
subject exemption sought involves employment suitability requirements.
The NRC has determined that this exemption involves no significant
hazards considerations:
(1) The proposed exemption is administrative in nature and is
limited to allowing a temporary exception from meeting the requirements
of 10 CFR 26.205(c) and (d) during severe weather to ensure that work
hour controls do not impede the ability to use available staff
resources to respond to a severe weather event. The proposed exemption
does not make any physical changes to the facility and does not alter
the design, function or operation of any plant equipment. Therefore,
issuance of this exemption does not significantly increase the
probability or consequences of an accident previously evaluated.
(2) The proposed exemption does not make any changes to the
facility and would not create any new accident initiators. 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 does not alter the design, function or
operation of any plant equipment. Therefore, this exemption does not
involve a significant reduction in the margin of safety.
Based on the above, the NRC has concluded that the proposed
exemption does not involve a significant hazards consideration under
the standards set forth in 10 CFR 50.92, 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 is required to be prepared in connection with the issuance
of the exemption.
5.0 Conclusion
The Commission has determined that granting these exemptions is
consistent with 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 Statement of Consideration (73 FR 17148; March
31, 2008), states 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).''
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 the licensee
an exemption from the requirements of 10 CFR 26.205(c) and (d) for
Calvert Cliffs.
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.
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 31st day of July 2012.
For the Nuclear Regulatory Commission.
Michele G. Evans,
Director, Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
[FR Doc. 2012-19268 Filed 8-6-12; 8:45 am]
BILLING CODE 7590-01-P