[Federal Register Volume 78, Number 120 (Friday, June 21, 2013)]
[Notices]
[Pages 37592-37594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-14910]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-285; NRC-2013-0130]
Omaha Public Power District, Fort Calhoun Station, Unit 1;
Exemption
1.0 Background
Omaha Public Power District (OPPD, the licensee) is the holder of
Facility Operating License, which authorizes operation of Fort Calhoun
Station (FCS), Unit 1. The license provides, among other things, that
the facility is subject to all rules, regulations, and orders of the
U.S. Nuclear Regulatory Commission (NRC) now or hereafter in effect.
The facility consists of one pressurized-water reactor located in
Washington County, Nebraska.
2.0 Request/Action
Section 26.205(d)(3) of Title 10 of the Code of Federal Regulations
(10 CFR), requires licensees to ensure that individuals who perform
duties identified in 10 CFR 26.4(a)(1) through (a)(5) to comply with
the requirements for maximum average work hours in 10 CFR 26.205(d)(7).
However, 10 CFR 26.205(d)(4) provides that during the first 60 days of
a unit outage, licensees need not meet the requirements of 10 CFR
26.205(d)(7) for individuals specified in 10 CFR 26.4(a)(1) through
(a)(4), while those individuals are working on outage activities. The
less restrictive requirements of 10 CFR 26.205(d)(4) and (d)(5) are
permitted to be applied during the first 60 days of a unit outage
following a period of normal plant operation in which the workload and
overtime levels are controlled by 10 CFR 26.205(d)(3). The regulations
in 10 CFR 26.205(d)(4) also require licensees to ensure that the
individuals specified in 10 CFR 26.4(a)(1) through (a)(3) have at least
3 days off in each successive (i.e., non-rolling) 15-day period and
that the individuals specified in 10 CFR 26.4(a)(4) have at least 1 day
off in any 7-day period.
Regulatory Guide (RG) 5.73, ``Fatigue Management for Nuclear Power
Plant Personnel,'' March 2009 (Agencywide Documents Access and
Management System (ADAMS) Accession No. ML083450028), endorses Nuclear
Energy Institute (NEI) 06-11, Revision 1, ``Managing Personnel Fatigue
at Nuclear Power Reactor Sites,'' October 2008 (ADAMS Accession No.
ML083110161), with clarifications, additions and exceptions. Position
10 of RG 5.73 ``C. Regulatory Position'' provides an acceptable
alternate method to the method stated in the NEI 06-11, Section 8.3,
for transitioning individuals who are working an outage at one site
onto an outage at another site.
By letter dated October 10, 2012 (ADAMS Accession No. ML12284A344),
the licensee requested a one-time exemption in accordance with 10 CFR
26.9 from the specific requirements of 10 CFR 26.205(d)(7). Currently,
10 CFR 26.205(d)(4) and (d)(5) permit the use of less restrictive
working hour limitations during the first 60 days of a unit outage, in
lieu of the requirements of 10 CFR 26.205(d)(7). The proposed exemption
would allow the use of the less restrictive working hour limitations
described in 10 CFR 26.205(d)(4) and (d)(5) to support activities
required for plant startup from the current extended outage, for a
period not to exceed 60 days. The exemption would apply to the
operations, chemistry, radiation protection, security, fire brigade,
and maintenance personnel as defined in 10 CFR 26.4(a)(1) through
(a)(5). The licensee is requesting this one-time exemption to
facilitate the licensee in its efforts to complete work activities
[[Page 37593]]
supporting the restart of FCS from the current extended refueling
outage, which began in April 2011.
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.
FCS, Unit 1 commenced a refueling outage on April 9, 2011, and
declared an Unusual Event on June 6, 2011. The first 60 days of the
outage during which the less restrictive work-hour limitations of 10
CFR 26.205(d)(4) and (d)(5) were in effect, ended in June 2011.
However, due to the declaration of the flooding emergency, work-hour
limitations were suspended until the Unusual Event was exited on August
29, 2011. The proposed exemption would allow the use of the less
restrictive working-hour limitations described in 10 CFR 26.205(d)(4)
and (d)(5) to support activities required for plant startup from the
current extended outage, for a period not to exceed 60 days. The
proposed exemption would apply to the personnel performing the duties
defined in 10 CFR 26.4(a)(1) through (a)(5).
In August 2012, FCS transitioned from compliance with 10 CFR
26.205(d)(3) (minimum days off) to compliance with the maximum average
work hour requirements of 10 CFR 26.205(d)(7). By letter dated April
11, 2013 (ADAMS Accession No. ML13102A047), the licensee provided
Standing Order (SO) SO-G-52, which set forth requirements and
expectations for controlling the work hours of FCS plant staff in
accordance with 10 CFR Part 26, Subpart I, ``Managing Fatigue.'' The
requirements of this standing order are intended to provide reasonable
assurance that worker fatigue will be avoided, that individuals will be
able to safely perform their duties, and that personnel are not
assigned to duties while in a fatigued condition that could
significantly reduce their mental alertness or their decision-making
ability. Work group timekeepers for on-line and plant outage periods
are to maintain schedules and time reports. Duration of scheduled work
and break periods, start times, rotating schedules, training, and
vacation are considered when establishing work schedules.
Notwithstanding the exemption for this specific requirement, the
licensee will continue to be in compliance with all other requirements
as described in 10 CFR part 26.
Authorized by Law
This exemption would allow the licensee to use the less restrictive
working-hour limitations provided in 10 CFR 26.205(d)(4) and (d)(5) for
completion of the outage activities, for a period of 60 days, during
the current extended outage. The approval of this exemption, as noted
above, would allow the licensee the use of the less restrictive
working-hour limitations described in 10 CFR 26.205(d)(4) and (d)(5)
for an additional period not to exceed 60 days or until the reactor
unit is connected to the electrical grid whichever occurs first, to
support activities required for plant startup from the current extended
outage.
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 would 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.
Will Not Endanger Life or Property
The underlying purpose of 10 CFR 26.205(d)(4) is to provide
licensees flexibility in scheduling required days off when
accommodating the more intense work schedules associated with a unit
outage, while assuring that cumulative fatigue does not compromise the
abilities of individuals to safely and competently perform their duties
Since August 2012, FCS personnel have averaged considerably less
than 54 hours per week. This provides assurance that covered workers
are not already fatigued from working an outage schedule. This
exemption would allow the licensee to implement the less restrictive
work-hour requirements of 10 CFR 26.205(d)(4) to allow flexibility in
scheduling required days off while accommodating the more intensive
work schedules that accompany completion of FCS extended outage.
Therefore, cumulative fatigue does not compromise the abilities of
affected individuals to safely and competently perform their duties.
By letter dated March 16, 2013 (ADAMS Accession No. ML13101A004),
the licensee stated that no waivers have been issued under 10 CFR
26.207 by FCS operations, maintenance, chemistry, security, or
radiation protection departments since the end of January 2012. The
licensee specifically stated that since August 2012, FCS personnel have
averaged considerably less than 54 hours per week.
Furthermore, by letter dated May 24, 2013 (ADAMS Accession No.
ML13148A057), the licensee committed that ``OPPD will ensure that no
individual covered by 10 CFR 26.4(a)(1) through (a)(5) works more than
50 hours per week averaged over the 2-week period prior to the
effective date of the exemption.''
No new accident precursors are created by invoking the less
restrictive work-hour limitations on a date commensurate with the start
of those activities supporting the completion of the extended outage at
FCS, provided that the licensee has effectively managed fatigue for the
affected individuals prior to this date. Thus, no new accident
precursors are created by invoking the less restrictive work-hour
limitations on a date commensurate with the start of activities
supporting the restart of FCS. The licensee will effectively manage
fatigue for the covered individuals prior to this date. Thus, the
probability of postulated accidents is not increased. Also, based on
the above, the consequences of postulated accidents are not increased.
Therefore, granting this exemption will not endanger life or property.
Consistent With Common Defense and Security
The proposed exemption would allow for the use of the less
restrictive work-hour requirements of 10 CFR 26.205(d)(4) in lieu of 10
CFR 26.205(d)(7). This exemption would affect operations, radiation
protection, chemistry, fire brigade, security, and maintenance
personnel supporting the completion of the outage activities for FCS,
which has been in an extended outage since April 9, 2011.
The licensee will maintain the qualified personnel in the
operations, radiation protection, chemistry, fire brigade, security,
and maintenance departments on a schedule that complies with 10 CFR
26.205(d)(7) requirements. The exemption would continue to serve the
underlying purpose of 10 CFR Part 26, Subpart I, in that assurance
would be provided such that cumulative fatigue of individuals to safely
and competently perform their duties will not be compromised.
Therefore, the common defense and security is not impacted by this
exemption.
Consistent With the Public Interest
The proposed exemption would allow the licensee to implement the
less restrictive work-hour requirements of 10 CFR 26.205(d)(4) in lieu
of 10 CFR 26.205(d)(7) to allow flexibility in scheduling required days
off while accommodating the more intensive work schedules that
accompany a unit
[[Page 37594]]
outage. By letter dated March 16, 2013, the licensee explained the
events supporting the less restrictive limitations requiring
flexibility in scheduling. During the completion of the extended
outage, the workload for the affected personnel will undergo a
temporary but significant increase due to the various activities
surrounding the significant operational events involving a fire in
safety related electrical switchgear, flooding, and transitioning to
Inspection Manual Chapter (IMC) 0350, ``Oversight of Reactor Facilities
in a Shutdown Condition due to Significant Performance and/or
Operational Concerns,'' from being in an extended shutdown with
significant performance problems. Because of these events, there has
been an increase in workload prior to restart. OPPD also noted that a
number of new issues have been discovered that must be tested and
restored. During the extended shutdown, extensive work has been
initiated to address deficiencies noted in containment building
electrical penetrations, containment structural supports, and the
impact of flooding hazards related to systems, structures, and
components. These activities are in addition to the normal FCS startup
activities involving operation and surveillance testing of primary
systems and components. Ensuring a sufficient number of qualified
personnel are available to support these activities is in the interest
of overall public health and safety. Therefore, this exemption is
consistent with the public interest.
4.0 Environmental Consideration
The exemption would authorize a one-time exemption from the
requirements of 10 CFR 26.205(d)(7) to allow the use of the less
restrictive hour limitations described in 10 CFR 26.205(d)(4) and
(d)(5). Using the standard set forth in 10 CFR 50.92 for 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 changing the timeframe when less restrictive hours can be
worked. This does not result in any changes to the design basis
requirements for the structures, systems, and components (SSCs) at FCS
that function to limit the release of non-radiological effluents during
and following postulated accidents. Therefore, issuance of this
exemption does not increase the probability or consequences of an
accident previously evaluated.
(2) The proposed exemption is administrative in nature and is
limited to changing the timeframe when less restrictive hours can be
worked. The proposed exemption does not make any changes to the
facility or operating procedures and would not create any new accident
initiators. The proposed exemption does not alter the design, function
or operation of any plant equipment. 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 is administrative in nature and is
limited to changing the timeframe when less restrictive hours can be
worked. 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 concludes 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; 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
Accordingly, the Commission has determined that pursuant to 10 CFR
26.9, ``Specific exemptions,'' an exemption from 10 CFR 26.205(d)(7) is
authorized by law and will not endanger life or property or the common
defense and security, and is otherwise in the public interest.
Therefore, the Commission hereby grants OPPD a one-time, 60-day
exemption from 10 CFR 26.205(d)(7) to allow the use of the work hour
limitations described in 10 CFR 26.205(d)(4) and (d)(5).
This exemption is effective upon issuance. The licensee may
implement the work hour provisions of 10 CFR 26.205(d)(4) for 60 days
or until the completion of the current extended outage, whichever is
shorter.
Dated at Rockville, Maryland, this 11th day of June 2013.
For the Nuclear Regulatory Commission,
Michele G. Evans,
Director, Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
[FR Doc. 2013-14910 Filed 6-20-13; 8:45 am]
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