[Federal Register Volume 77, Number 42 (Friday, March 2, 2012)]
[Notices]
[Pages 12885-12887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5148]


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NUCLEAR REGULATORY COMMISSION

[NRC-2011-0202; Docket Nos.: 50-245, 50-336 and 50-423]


Millstone Power Station, Units 1, 2 and 3, Dominion Nuclear 
Connecticut, Inc.; Exemption

1.0 Background

    Dominion Nuclear Connecticut, Inc. (DNC or the licensee) is the 
holder of Facility Operating License Nos. DRP-21, DPR-65 and NPF-49, 
which authorize operation of the Millstone Power Station, Unit Nos. 1, 
2 and 3 (Millstone), respectively. 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, the Commission) 
now or hereafter in effect.
    The facility consists of one boiling water reactor and two 
pressurized-water reactors located in New London County, Connecticut. 
The boiling water reactor is permanently shut down.

2.0 Request/Action

    Title 10 of the Code of Federal Regulations (10 CFR) Part 26, 
``Fitness For Duty Programs,'' Subpart I, ``Managing Fatigue,'' 
requires that individuals described in 10 CFR 26.4(a)(1) through (a)(5) 
are subject to the work hour controls provided in 10 CFR 26.205. By 
letter dated February 10, 2011,\1\ supplemented by letters dated March 
10, 2011, and February 6, 2012,\2\ and pursuant to 10 CFR 26.9, DNC, 
doing business as Dominion, requested an exemption from the 
requirements of 10 CFR 26.205(c) and (d) during declarations of severe 
weather conditions such as tropical storm and hurricane force winds at 
the Millstone site. A subsequent response to requests for additional 
information (RAI) is dated August 31, 2011.\3\
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    \1\ Agencywide Documents Access and Management System (ADAMS) 
Accession No. ML110450583.
    \2\ ADAMS Accession Nos. ML110740442 and ML12047A143, 
respectively.
    \3\ ADAMS Accession No. ML11250A168.
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    The requested exemption applies to individuals who perform duties 
identified in 10 CFR 26.4(a)(1) through (a)(5) who are designated to 
perform work as a member of the Millstone hurricane response 
organization (HRO). The exemption request states that the station HRO 
typically consists of enough individuals to staff two 12-hour shifts of 
workers consisting of personnel from operations, maintenance, 
engineering, emergency planning, radiation protection, chemistry, site 
services and security to maintain the safe and secure operation of the 
plant.
    Entry conditions for the requested exemption occur when the site 
activates the Station Hurricane Command Center and the Site Vice 
President (or his designee) determines that travel conditions to the 
site will potentially become hazardous such that HRO staffing will be 
required--based on verifiable weather conditions. Verifiable weather 
conditions are defined in the exemption request as when the National 
Weather Service issues an Inland High Wind Warning for Hurricane Force 
Winds for New London County or when the Dominion Weather Center 
projects tropical storm or hurricane force winds onsite within 12 
hours.
    After the high wind conditions pass, wind damage to the plant and 
surrounding area might preclude a sufficient number of individuals from 
immediately returning to the site. Additionally, if mandatory civil 
evacuations were ordered, this would delay the return of sufficient 
relief personnel. The exemption request states that the exemption will 
terminate when hurricane watches and warnings or inland hurricane 
watches and warnings have been cancelled; when weather

[[Page 12886]]

conditions and highway infrastructure support safe travel; and when the 
Site Vice President or his designee determine that sufficient personnel 
who perform the duties identified in 10 CFR 26.4(a)(1) through (a)(5) 
are available to restore normal shift rotation and thereby meet the 
requirements of 10 CFR 26.205(c) and (d).

3.0 Discussion

    Pursuant to 10 CFR 26.9, the Commission may, upon application of an 
interested person or on 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.

Authorized by Law

    The exemption being requested for Millstone would, as noted above, 
allow the Millstone site to not meet the work hour control requirements 
of 10 CFR 26.205(c) and (d), which would allow the site to sequester 
specific individuals on site, prior and subsequent to severe weather 
conditions such as tropical storms and hurricanes. No law exists which 
precludes the activities covered by this exemption request. 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, NRC approval of the licensee's 
exemption request is authorized by law.

No Endangerment of Life or Property and Otherwise in the Public 
Interest

    This exemption request expands on an exception that is already 
provided in 10 CFR Part 26, during declared emergencies, and allows the 
licensee to not meet the requirements in 10 CFR 26.205(c) and (d) 
during time periods just prior and subsequent to the existing exception 
(10 CFR 26.207(d)). Granting this exemption will allow the licensee to 
ensure that the control of work hours does not impede the ability to 
use whatever staff resources may be necessary to respond to a severe 
weather event to ensure the plant reaches and maintains a safe and 
secure status. Therefore, this exemption will not endanger life or 
property or the common defense and security. Thus, this exemption 
request is in the interest of the public health and safety.
    The Fatigue Management provisions found in 10 CFR part 26 Subpart I 
are designed as an integrated approach to managing both cumulative and 
acute fatigue through a partnership between licensees and individuals. 
It is the responsibility of the licensee to provide training to 
individuals regarding fatigue management. It is also the responsibility 
of the licensee to provide covered workers with work schedules that are 
consistent with the objective of preventing impairment from fatigue due 
to duration, frequency or sequencing of successive shifts. Individuals 
are required to remain fit-for-duty while at work.
    <bullet> Section 26.205(c) is the requirement to schedule 
individuals work hours consistent with the objective of preventing 
impairment from fatigue due to duration, frequency or sequencing of 
successive shifts. The requirement to schedule is important as the work 
hour controls, contained in 10 CFR 26.205, are not necessarily 
sufficient to ensure that individuals will not be impaired owing to the 
effects of fatigue.
    <bullet> Section 26.205(d) provides the actual work hour controls. 
Work hour controls are limits on the number of hours an individual may 
work; limits on the minimum break times between work periods; and 
limits for the minimum number of days off an individual must be given.
    <bullet> Section 26.205(b) is the requirement to count work hours 
and days worked. Section 26.205(d)(3) is the requirement to look back 
into the ``calculation period'' so that all work hours can be included 
in appropriate work hour calculations, when a covered individual 
resumes covered work.
    <bullet> Section 26.207(d) provides an allowance for licensees to 
not meet the requirements of 10 CFR 26.205(c) and (d) during declared 
emergencies as defined in the licensee's emergency plan.
    Millstone is located in the Town of Waterford, New London County, 
Connecticut, on the north shore of Long Island Sound. The 50-mile 
segment of coastline on which Millstone is located was crossed by 5 
hurricanes during a period of approximately 84 years. Due to the 
location of the plant and its proximity to the aforementioned 
coastline, there is a sufficient likelihood of hurricane watches and 
warnings or inland hurricane wind watches and warnings impacting the 
site. The proposed exemption would support effective response to severe 
weather conditions when travel to and from Millstone may not be safe.
    During these times, the Millstone HRO staff typically consists of 
enough individuals to staff two 12-hour shifts of workers consisting of 
personnel from operations, maintenance, engineering, emergency 
planning, radiation protection, chemistry, site services and security 
to maintain the safe and secure operation of the plant. This exemption 
would be applied to the period established by the entry and exit 
conditions regardless of whether the Emergency Plan is entered or not. 
Therefore, Millstone's exemption request can be characterized as having 
three parts: (1) High-wind exemption encompassing the period starting 
with the initiating conditions to just prior to declaration of an 
unusual event, (2) a period defined as immediately following a high-
wind condition, when an unusual event is not declared, but when a 
recovery period is still required, and (3) a recovery exemption 
immediately following an existing 10 CFR 26.207(d) exception as 
discussed above. Once Millstone has entered into a high-wind exemption 
or 10 CFR 26.207(d) exception, it would not need to make a declaration 
that it is invoking the recovery exemption.
    As a tropical storm or hurricane approaches landfall, high wind 
speeds--in excess of wind speeds that create unsafe travel conditions--
are expected. The National Hurricane Center defines a hurricane warning 
as an announcement that hurricane conditions (sustained winds of 74 mph 
or higher) are expected somewhere within the specified coastal area 
within a 24-hour period. Severe wind preparedness activities become 
difficult once winds reach tropical storm force. A tropical storm 
warning is issued 36 hours in advance of the anticipated onset of 
tropical-storm-force winds (39 to 73 mph). Lessons learned that are 
included in NUREG-1474, ``Effect of Hurricane Andrew on the Turkey 
Point Nuclear Generating Station from August 20-30, 1992,'' include the 
acknowledgement that detailed, methodical preparations should be made 
prior to the onset of hurricane force winds. The NRC staff finds the 
Millstone proceduralized actions are consistent with those lessons 
learned.
    The licensee's RAI response letter of August 31, 2011, states that 
the HRO shift start times will be pre-planned before the arrival of 
severe weather onsite and will emphasize the need for consistent work 
shift start times to better facilitate fatigue management. The RAI 
response also states that the hurricane response plan (nuclear) (HRP-N) 
will be updated to include that the HRO staff will be provided with an 
opportunity for restorative rest of at least 10 hours when off and that 
these individuals will not be assigned any duties when off shift. The 
updated HRP-N was provided by letter dated

[[Page 12887]]

February 6, 2012, and included the opportunity for restorative rest for 
the HRO staff.
    The exemption request specifies that the exemption is not for 
discretionary maintenance activities. The exemption request states that 
the exemption would provide for use of whatever plant staff and 
resources may be necessary to respond to a plant emergency and ensure 
that the units achieve and maintain a safe and secure status and can be 
safely restarted. The exemption request also states that maintenance 
activities for structures, systems and components that are significant 
to public health and safety will be performed, if required. The NRC 
staff finds the exclusion of discretionary maintenance from the 
exemption request to be consistent with the intent of the exemption.
    In its exemption request, the licensee committed to maintain the 
following guidance in a Millstone site procedure:
    <bullet> The conditions necessary to sequester site personnel that 
are consistent with the conditions specified in this exemption request.
    <bullet> The provisions for ensuring that personnel who are not 
performing duties are provided an opportunity, as well as 
accommodations, for restorative rest.
    <bullet> The condition for departure from this exemption, 
consistent with the Site Vice President's (or his designee's) 
determination that adequate staffing is available to meet the 
requirements of 10 CFR 26.205(c) and (d).
    When the exemption period(s) ends, the licensee is immediately 
subject to the scheduling requirements of 10 CFR 26.205(c) and the work 
hour/rest break/days off requirements of 10 CFR 26.205(d), and must 
ensure that any individual performing covered work complies with these 
requirements. 10 CFR 26.205(d)(3) requires the licensee to ``look 
back'' over the calculation period and count the hours the individual 
has worked and the rest breaks and days off he/she has had, including 
those that occurred during the licensee-declared emergency. Hours 
worked must be below the maximum limits and rest breaks must be above 
the minimum requirements in order for the licensee to allow the 
individual to perform covered work. Days off and hours and shifts 
worked during the licensee-declared emergency and the exempted period 
before and after the declared emergency would be counted as usual in 
the establishment of the applicable shift schedule and compliance with 
the minimum-days-off requirements.
    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 Part 26 Statement of Considerations, 
page 17148 states that, ``[p]lant 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).'' The 
objective of the exemption is to ensure that the control of work hours 
do not impede a licensee's ability to use whatever staff resources may 
be necessary to respond to a plant emergency and ensure that the plant 
reaches and maintains a safe and secure status. The actions described 
in the exemption request and submitted procedures are consistent with 
the recommendations in NUREG-1474. Also consistent with NUREG-1474, NRC 
staff expects the licensee would have completed a reasonable amount of 
hurricane preparation prior to the need to sequester personnel, in 
order to minimize personnel exposure to high winds.
    The NRC staff has reviewed the exemption request from certain work 
hour controls during conditions of high winds and recovery from high 
wind conditions. Based on the considerations discussed above, the NRC 
staff has concluded that (1) there is a reasonable assurance that the 
health and safety of the public will not be endangered by the proposed 
exemption, (2) such activities will be consistent with the Commission's 
regulations and guidance, and (3) the issuance of the exemption will 
not be contrary to the common defense and security or to the health and 
safety of the public.

Consistent With Common Defense and Security

    This change has no relation to security issues. Therefore, the 
common defense and security is not impacted by this exemption.

4.0 Conclusion

    Accordingly, the Commission has determined that, pursuant to 10 CFR 
26.9, granting an exemption to the licensee from the requirements in 10 
CFR 26.205(c) and (d) during severe wind events such as tropical storms 
and hurricanes and bounded by the entry and exit conditions of the 
exemption request, by allowing Millstone to sequester individuals to 
ensure the plant reaches and maintains a safe and secure status, is 
authorized by law and will not endanger life or property and is 
otherwise in the public interest. Therefore, the Commission hereby 
grants DNC an exemption from the requirements of 10 CFR 26.205(c) and 
(d) during periods of severe winds at the Millstone site.
    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 as published in the Federal Register 
on August 31, 2011 (76 FR 54260).
    This exemption is effective upon issuance.

    For the Nuclear Regulatory Commission.

    Dated at Rockville, Maryland, this 24th day of February 2012.
Michele G. Evans,
Director, Division of Operating Reactor Licensing, Office of Nuclear 
Reactor Regulation.
[FR Doc. 2012-5148 Filed 3-1-12; 8:45 am]
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