[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