[Federal Register Volume 78, Number 214 (Tuesday, November 5, 2013)]
[Notices]
[Pages 66385-66388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-26379]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-285; NRC-2013-0243]
Omaha Public Power District Fort Calhoun Station, Unit 1;
Exemption
1.0 Background
Omaha Public Power District (OPPD, the licensee) is the holder of
Renewed Facility Operating License No. DPR-40, 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). 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,'' endorses Nuclear Energy
Institute (NEI) 06-11, ``Managing Personnel Fatigue at Nuclear Power
Reactor Sites,'' Revision 1, with exceptions, additions, and deletions.
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. On June 11, 2013, OPPD
received a previous exemption from the NRC (Agencywide Documents Access
and Management System (ADAMS) Accession No. ML13157A135).
By letter dated August 16, 2013 (ADAMS Accession No. ML13231A018),
OPPD requested a one-time exemption from specific 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. This request was made
subsequent to the previous exemption period which was approved for a
60-day period, and expired on August 9, 2013. In the previous exemption
request, OPPD provided background on what has led to their need for the
exemption including flooding and a significant operational event
involving a fire in safety-related electrical switchgear which led to
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. In
obtaining the previous exemption, OPPD committed to ensure that no
individual covered by 10 CFR 26.4(a)(1) through (a)(5) would work more
than 50 hours per week averaged over the 2-week period prior to the
effective date of the exemption. The licensee is requesting this
additional one-time exemption assist in its efforts to complete work
activities supporting the restart of FCS from the current extended
refueling outage, which began in April 2011.
The licensee stated in its letter dated August 16, 2013, that
during the previous exemption period, OPPD completed activities
required to restart FCS, however, due to a revision to the current
licensing basis to comply with Regulatory Guide 1.76, ``Design-Basis
Tornado and Tornado Missiles for Nuclear Power Plants,'' additional
work remains to support the restart of the plant. This is due to the
required installation of barriers and other activities to address
tornado missile vulnerabilities that were identified. By letter dated
August 30, 2013 (ADAMS Accession No. ML13246A182), the licensee stated
that the installation of the upper guide structure and the reactor
vessel head were delayed by the activities related to the resolution of
tornado missile vulnerabilities. By letter dated September 23, 2013
(ADAMS Accession No. ML13267A186), in response to the NRC staff's
request for additional information dated September 18, 2013 (ADAMS
Accession No. ML13261A212), the licensee specified that the schedule
delay was directly related to the exigent license amendment dated July
26, 2013 (ADAMS Accession No. ML13203A070), which permitted OPPD to
presume that the raw water system was protected from a tornado by
crediting the barriers. The licensee stated that this became evident on
July 20, 2013. This work performed during the latter weeks of the
exemption period ending on August 9, 2013, was not start-up activities
as requested and initially scheduled by the licensee; however, the work
associated with the exigent amendment request was necessary to begin
fuel loading.
In its supplemental information letter dated August 30, 2013, the
licensee stated that in addition to the tornado missile
vulnerabilities, there was an issue with high-energy line breaks (HELB)
that required modifications and testing prior to plant start-up. This
issue is described in Licensee Event Report (LER) 2013-011 dated August
12, 2013 (ADAMS Accession No. ML13225A367). Additionally, an issue with
high-pressure safety injection (HPSI) as described in LER 2013-010
(ADAMS Accession No. ML13186A011) was identified. The resolution of
this issue diverted individuals subject to work hour controls away from
start-up activities. In its letter dated September 23, 2013, the
licensee stated that work remains to resolve the HELB issue by
individuals subject to work hour controls, whereas the work associated
with the HPSI issue has been completed. The licensee described the work
scheduled for completion during the proposed exemption period. The
resolution of the alternate seismic, piping code, and equipment
reclassification issues associated with the HELB modifications are not
expected to require work by individuals who are under the provisions of
work hour controls during the proposed exemption period. The licensee
provided a summary of the work schedule for the proposed exemption
period. The schedule consists primarily
[[Page 66386]]
of those activities associated with a normal plant start-up, including
system alignments and confirmation walkdowns, fill and vent procedures,
modifications, monitoring, just-in-time training for operators, and
with closing the breakers signifying the end of the outage on October
26, 2013. Subsequent to OPPD letter dated September 23, 2013, the NRC
staff was informed that changes to the schedule have occurred such that
the target date of October 26, 2013, for closing the breakers,
signifying the end of the outage is no longer valid. Nevertheless, in
its letter dated September 23, 2013, OPPD requested that the remaining
activities necessary for plant start-up and the activities necessary to
resolve the HELB issues be completed within a 45-day exemption period,
even though the work is scheduled for 30 days. The licensee has
requested approval for a 45-day duration. Previous exemption requests
granted by the NRC have not exceeded 30 days, with the exception of
what had been granted previously for FCS. Due to the extended shutdown
period of over 2 years, the NRC staff concludes that the 45-day
exemption period is acceptable because unforeseen issues may arise
while completing start-up activities. By letter dated October 25, 2013
(ADAMS Accession No. ML13298A809), the licensee withdrew a portion of
its original request in that this exemption would only apply to those
individuals described in 10 CFR 26.4 (a)(1) through (a)(4). During the
exemption period, the licensee commits to the application of 10 CFR
26.205(d)(4) to the individuals performing those duties specified in 10
CFR 26.4(a)(1) through (a)(4) regarding minimum days off for covered
personnel.
As written in the statements of considerations in the Federal
Register notice for part 26, subpart I, the regulations, meeting the
work hour control limits does not definitively mitigate fatigue. The
licensee stated that since August 10, 2013, FCS personnel have averaged
less than 47 hours per week. This schedule was maintained to minimize
the effects of cumulative fatigue management before the exemption
period begins. The licensee provided a description of the 30-day period
preceding the proposed exemption period that is intended to mitigate
cumulative fatigue. Below are tables provided in the licensee's letters
dated August 30 and September 23, 2013. The tables describe the hours
worked by individuals subject to the work hour controls separated by
the functions described in 10 CFR 26.4(a). It should be noted that OPPD
does not track the fire brigade work hours that fall under 10 CFR 26.4
(a)(3) separately. Rather, the fire brigade personnel are taken from
the operations (10 CFR 26.4 (a)(1)) and security (10 CFR 26.4 (a)(5))
groups. For the purpose of this exemption, the fire brigade personnel
subject to this exemption are those within the operations group. Table
2.1 represents the average work hours from August 10, 2013, to the time
of the August 30, 2013, submittal, and Table 2.2 represents the average
work hours from August 11, 2013, through September 21, 2013.
Table 2.1
------------------------------------------------------------------------
Work
Department hours
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Chemistry...................................................... 47
Radiation Protection........................................... 42
Maintenance.................................................... 42
Operations..................................................... 43
Security....................................................... 44
------------------------------------------------------------------------
Table 2.2
------------------------------------------------------------------------
Work
Department hours
------------------------------------------------------------------------
Chemistry...................................................... 40
Radiation Protection........................................... 40
Maintenance.................................................... 46
Operations..................................................... 40
Security....................................................... 44
------------------------------------------------------------------------
These hours represent the time worked by individuals immediately
after the previous exemption period ended until the NRC approval of the
proposed exemption request. The licensee stated that this represents an
approximate 6-week shift cycle.
The NRC staff considers the work hours averaged by individuals
acceptable to mitigate cumulative fatigue in the instance of this
exemption request. Due to the scheduling of the two outage relaxation
exemption periods requested, the NRC staff considers it important to
mitigate cumulative fatigue before the proposed exemption period of 45
days. Because the exemption is tied to activities that directly relate
to heating the reactor coolant Tcold greater than 210 [deg]F
(i.e., exiting Mode 4 or 5), the exemption is being issued coincident
with the date that OPPD intends to heat the reactor coolant
Tcold greater than 210 [deg]F (i.e., exit Mode 4 or 5).
Further, the exemption is granted to those individuals who perform
duties described in 10 CFR 26.4(a)(1) through (a)(4) that, as of the
date of this exemption, have not exceeded a 48 hour average work week
for the 6 week period prior to the date of this exemption. By limiting
the exemption to individuals that meet these criteria the staff
considers that cumulative fatigue is acceptably mitigated in the
instance of this exemption request. By letter dated October 11, 2013
(ADAMS Accession No. ML13284A104), in response to the NRC staff's
request for additional information dated October 9, 2013 (ADAMS
Accession No. ML13282A536), the licensee stated that a 50-hour average
work week for those individuals described in 10 CFR 26.4 (a)(5) would
be more appropriate due to an upcoming force-on-force (FOF) exercise,
modifications necessary to meet the requirements of 10 CFR 73.55, in
addition to activities related to startup. Subsequently, by letter
dated October 25, 2013, the licensee withdrew a portion of its original
request in that this exemption would only apply to those individuals
described in 10 CFR 26.4 (a)(1) through (a)(4) and not 10 CFR 26.4
(a)(5) for security personnel. The NRC staff considers that because
personnel associated with the fire brigade are taken from different
groups at OPPD, limiting the fire brigade to a 48 hour average work
week for the 6 week period prior to the date of this exemption will
ensure the cumulative fatigue is acceptably mitigated for those
individuals that perform duties in the operations group.
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 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. On October 10, 2012,
OPPD requested an exemption from specific requirements of 10 CFR
26.205(d)(7) and instead 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 start-up. The NRC granted the exemption
for a period, which lasted 60 days and ended on August 9, 2013, and
individuals began working a normal, on-line schedule in compliance with
10 CFR 26.205(d)(7). Work group timekeepers for on-line and plant
outage periods are to maintain schedules and time reports. Duration of
scheduled work and break
[[Page 66387]]
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) for completion
of the outage activities, for a period of 45 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) for an additional period
not to exceed 45 days or until the reactor unit is connected to the
electrical grid whichever occurs first, to support activities required
to be finished before plant startup can be completed. 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, law authorizes the exemption.
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.
Based on the information provided by OPPD in its August 30, and
September 23, 2013, letters, FCS personnel have averaged less than 48
hours per week. Further, the exemption is granted to those individuals
who perform duties described in 10 CFR 26.4(a)(1) through (a)(4) that,
as of the date of this exemption, have not exceeded a 48-hour average
work week for the 6-week period prior to the date of this exemption.
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 the FCS extended outage. Therefore, cumulative fatigue
will not compromise the abilities of affected individuals to safely and
competently perform their duties.
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) for those
individuals who perform duties described in 10 CFR 26.4(a)(1) through
(a)(4) that, as of the date of this exemption, have not exceeded a 48-
hour average work week for the 6-week period prior to the date of this
exemption in lieu of 10 CFR 26.205(d)(7). This exemption would affect
operations (including fire, radiation protection, chemistry, fire
brigade, 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 to which this
exemption applies in the operations, radiation protection, chemistry,
fire brigade, and maintenance departments on a schedule that complies
with 10 CFR 26.205(d)(4) requirements during the proposed exemption
period. 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) for
those individuals who perform duties described in 10 CFR 26.4(a)(1)
through (a)(4) that, as of the date of this exemption, have not
exceeded a 48-hour average work week for the 6-week period prior to the
date of this exemption 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 outage. By letters
dated August 30 and September 23, 2013, the licensee explained the
emergent 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 from
being in an extended shutdown with significant performance problems, in
addition to tornado missile vulnerabilities, and issues concerning the
HELB accident scenario. 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). 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.
[[Page 66388]]
(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 granting 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, 45-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) for those individuals who
perform duties described in 10 CFR 26.4(a)(1) through (a)(4) that, as
of the date of this exemption, have not exceeded a 48-hour average work
week for the 6-week period prior to the date of this exemption.
This exemption is effective upon issuance. The licensee may
implement the work hour provisions of 10 CFR 26.205(d)(4) for those
individuals subject to the work hour controls separated by the
functions described in 10 CFR 26.4(a) that, as of the date of this
exemption, have not exceeded a 48-hour average work week for the 6 week
period prior to the date of this exemption for 45 days or until the
completion of the current extended outage, whichever is shorter.
Dated at Rockville, Maryland, this 28th day of October 2013.
For the Nuclear Regulatory Commission.
Michele G. Evans,
Director, Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
[FR Doc. 2013-26379 Filed 10-4-13; 8:45 am]
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