Federal Register / Vol. 77, No. 42 / Friday, March 2, 2012 / Notices 12885 

1Agencywide Documents Access and 

Management System (ADAMS) Accession No. 

ML110450583. 2ADAMS Accession Nos. ML110740442 and 

ML12047A143, respectively. 3ADAMS Accession No. ML11250A168. 

Foundation, 725–17th Street NW., Room 

10235, Washington, DC 20503, and to 

Suzanne H. Plimpton, Reports Clearance 

Officer, National Science Foundation, 

4201 Wilson Boulevard, Suite 295, 

Arlington, Virginia 22230 or send email 

to splimpto@nsf.gov. Comments 

regarding this information collection are 

best assured of having their full effect if 

received within 30 days of this 

notification. Copies of the submission(s) 

may be obtained by calling 703–292– 

7556. 

FOR FURTHER INFORMATION CONTACT: 

Contact Suzanne Plimpton, the NSF 

Reports Clearance Officer, phone (703) 

292–7556, or send email to 

splimpto@nsf.gov. Individuals who use 

a telecommunications device for the 

deaf (TDD) may call the Federal 

Information Relay Service (FIRS) at 

1–800–877–8339, which is accessible 24 

hours a day, 7 days a week, 365 days a 

year (including Federal holidays). 

NSF may not conduct or sponsor a 

collection of information unless the 

collection of information displays a 

currently valid OMB control number 

and the agency informs potential 

persons who are to respond to the 

collection of information that such 

persons are not required to respond to 

the collection of information unless it 

displays a currently valid OMB control 

number. 

SUPPLEMENTARY INFORMATION: 

Title of Collection: Grantee Conflict of 

Interest Policies. 

OMB Control No.: 3145–NEW. 

Proposed Project: The National 

Science Foundation (NSF) is an 

independent Federal agency created by 

the National Science Foundation Act of 

1950, as amended (42 USC 1861–75). 

The Act states the purpose of the NSF 

is ‘‘to promote the progress of science; 

[and] to advance the national health, 

prosperity, and welfare by supporting 

research and education in all fields of 

science and engineering.’’ 

NSF has had a unique place in the 

Federal Government: It is responsible 

for the overall health of science and 

engineering across all disciplines. In 

contrast, other Federal agencies support 

research focused on specific missions 

such as health or defense. The 

Foundation also is committed to 

ensuring the nation’s supply of 

scientists, engineers, and science and 

engineering educators. 

NSF funds research and education in 

most fields of science and engineering. 

It does this through grants and 

cooperative agreements to more than 

2,000 colleges, universities, K–12 school 

systems, businesses, informal science 

organizations and other research 

organizations throughout the US. The 

Foundation accounts for about onefourth of Federal support to academic 

institutions for basic research. 

NSF proposes to conduct a survey to 

determinate how NSF grantees identify, 

oversee, and manage financial conflicts 

of interest in research funded by NSF. 

This survey focuses on NSF’s grantee’s 

conflict of interest policies and 

procedures, and on any conflicts of 

interest that were identified and 

managed during FY 2010. By examining 

how NSF grantees have identified and 

managed their financial conflicts of 

interest, this survey will help the 

Foundation determine whether there are 

any areas for improvement in NSF’s 

policies and guidelines. 

Use of the Information: Analysis of 

the responses is necessary to determine 

whether there are any areas for 

improvement in NSF’s policies and 

guidelines. 

Respondents: 

Burden on the Public: The Foundation 

estimates about 175 responses at 

approximately 15 hours per response; 

this computes to approximately 2625 

burden hours annually. 

Suzanne H. Plimpton, 

Reports Clearance Officer, National Science 

Foundation. 

[FR Doc. 2012–5075 Filed 3–1–12; 8:45 am] 

BILLING CODE 7555–01–P 

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

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 


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12886 Federal Register / Vol. 77, No. 42 / Friday, March 2, 2012 / Notices 

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. 

• 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. 

• 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. 

• 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. 

• 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 


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Federal Register / Vol. 77, No. 42 / Friday, March 2, 2012 / Notices 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: 

• The conditions necessary to 

sequester site personnel that are 

consistent with the conditions specified 

in this exemption request. 

• The provisions for ensuring that 

personnel who are not performing 

duties are provided an opportunity, as 

well as accommodations, for restorative 

rest. 

• 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 

§ 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] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 50–338 and 50–339; NRC– 

2012–0051; License Nos. NPF–4 and 

NPF–7] 

Virgina Electric and Power Company; 

Receipt of Request for Action 

Notice is hereby given that by petition 

dated September 8, 2011 (Agencywide 

Documents Access and Management 

System (ADAMS) Accession No. 

ML11256A019), as supplemented by 

letters dated September 8, 2011 

(ADAMS Accession No. ML11334A152), 

and October 21, 2011 (ADAMS 

Accession No. ML11308A016), Thomas 

Saporito (the petitioner) requests that 

the U.S. Nuclear Regulatory 

Commission (NRC or the Commission) 

take action with regard to Virginia 

Electric and Power Company’s (the 

licensee’s) North Anna Power Station, 

Units 1 and 2 (North Anna 1 and 2). The 

petitioner requests that the NRC: 

(1) Take escalated enforcement action 

against the licensee and suspend, or 

revoke, the operating licenses for North 

Anna 1 and 2; 

(2) Issue a notice of violation against 

the licensee with a proposed civil 

penalty in the amount of 1 million 

dollars; and 

(3) Issue an order to the licensee 

requiring the licensee to keep North 

Anna 1 and 2, in a ‘‘cold shutdown’’ 

mode of operation until such time as a 

series of actions described in the 

petition are completed. 

As the basis for this request, the 

petitioner states that: 

(1) On August 23, 2011, North Anna 

1 and 2, automatically tripped offline as 


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