[Federal Register Volume 77, Number 214 (Monday, November 5, 2012)]
[Notices]
[Pages 66484-66486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26934]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos.: 50-354, 50-272 and 50-311; NRC-2012-0264]
PSEG Nuclear LLC; Hope Creek Generating Station and Salem
Generating Station, Units 1 and 2 Exemption
1.0 Background
PSEG Nuclear LLC (PSEG or the licensee) is the holder of Facility
Operating License Nos. NPF-57, DPR-70, and DPR-75, which authorize
operation of the Hope Creek Generating Station (HCGS), and Salem
Nuclear Generating Station, Units 1 and 2 (Salem), 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 or the Commission) now or hereafter in effect.
The facilities consist of one boiling-water reactor, HCGS, and two
pressurized-water reactors, Salem Units 1 and 2, all located in Salem
County, New Jersey.
2.0 Request/Action
Part 26 of Title 10 of the Code of Federal Regulations (10 CFR),
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. The 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 public meeting that was
held to discuss lessons-learned from Part 26, Subpart I exemption
request submissions and work hour controls during periods of severe
winds such as a tropical storm or hurricane, the NRC staff indicated
that it found NEI report 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.
Salem and HCGS are located along the eastern shore of the Delaware
River and can be impacted by tropical storms and hurricanes during the
hurricane season and severe winter precipitation conditions during the
months of January and February. By letter dated November 30, 2011
(Agencywide Documents Access and Management System (ADAMS) Accession
No. ML113350245), as supplemented by letters dated June 4, 2012, and
August 30, 2012 (ADAMS Accession Nos. ML12157A061 and ML12244A055,
respectively), 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 Salem and HCGS to sequester
sufficient individuals to establish a 12-hour duty schedule comprised
of 2 shifts to maintain safe and secure operation during severe weather
conditions.
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 hurricane-related
entry condition for the Salem and HCGS 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 severe
winter weather-related entry conditions 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
[[Page 66485]]
surrounding Salem and HCGS 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
Salem and HCGS plan to establish a 12-hour duty schedule comprised
of 2 shifts. When personnel are to be sequestered on site, Salem and
HCGS will provide 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 to be 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
Salem and HCGS achieve and maintain 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 restart the
units following any severe weather condition.
3.5 Returning to Work Hour Controls
Salem and HCGS 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 Salem and HCGS to sequester sufficient
individuals to establish a 12-hour duty schedule comprised of 2 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 Salem and HCGS to sequester
sufficient individuals to establish a 12-hour duty schedule comprised
of 2 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 is already an exception 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 a 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 Salem and HCGS to sequester sufficient
individuals to establish a 12-hour duty schedule comprised of 2 shifts
to maintain safe and secure operation during severe weather conditions.
Using the standard set forth in 10 CFR 50.92 for amendments to
operating licenses, the NRC staff has determined that the subject
exemption sought involves employment suitability requirements. The NRC
has determined that this exemption involves no significant hazards
considerations, as discussed below:
(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
[[Page 66486]]
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
Salem and HCGS.
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 26th day of October 2012.
For the Nuclear Regulatory Commission.
Michele G. Evans,
Director, Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
[FR Doc. 2012-26934 Filed 11-2-12; 8:45 am]
BILLING CODE 7590-01-P