[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