[Federal Register Volume 87, Number 88 (Friday, May 6, 2022)]
[Notices]
[Pages 27190-27195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09709]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-391; NRC-2021-0104]


Tennessee Valley Authority; Watts Bar Nuclear Plant, Unit 2

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has issued an 
exemption in response to an April 15, 2022, request from Tennessee 
Valley Authority (the licensee), as supplemented by letter dated April 
25, 2022. The licensee requested one-time exemptions to allow the use 
of the less restrictive work hour limitations described in NRC 
regulations, for additional 60-day periods for the Watts Bar Nuclear 
Plant, Unit 2.

DATES: The exemptions were issued on April 29, 2022.

ADDRESSES: Please refer to Docket ID NRC-2021-0104 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly available information related to this document 
using any of the following methods:
    <bullet> Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2021-0104. Address 
questions about Docket IDs in Regulations.gov to Stacy Schumann; 
telephone: 301-415-0624; email: <a href="/cdn-cgi/l/email-protection#3e6d4a5f5d47106d5d564b535f50507e504c5d10595148"><span class="__cf_email__" data-cfemail="d88bacb9bba1f68bbbb0adb5b9b6b698b6aabbf6bfb7ae">[email protected]</span></a>. For technical 
questions, contact the individual listed in the FOR FURTHER INFORMATION 
CONTACT section of this document.
    <bullet> NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS 
Search.'' For problems with ADAMS, please contact the NRC's Public 
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or 
by email to <a href="/cdn-cgi/l/email-protection#653521374b3700160a10170600250b17064b020a13"><span class="__cf_email__" data-cfemail="88d8ccdaa6daedfbe7fdfaebedc8e6faeba6efe7fe">[email protected]</span></a>. The Request for Exemption from 
Requirements of paragraph 26.205(d)(4) of title 10 of the Code of 
Federal Regulations (10 CFR), 26.206(d)(6), and 10 CFR 26.205(d)(7) is 
available in ADAMS under Accession No. ML22105A579. The Watts Bar 
Nuclear Plant, Unit 2--Response to Request for Additional Information 
and Clarification Regarding Request for Exemption from Requirements of 
10 CFR 26.205(d)(4), 26.205(d)(6) and 26.205(d)(7), ``Fitness for Duty 
Programs--Work Hours,'' is available in ADAMS under Accession No. 
ML22115A232.
    <bullet> NRC's PDR: You may examine and purchase copies of public 
documents, by appointment, at the NRC's PDR, Room P1 B35, One White 
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make 
an appointment to visit the PDR, please send an email to 
<a href="/cdn-cgi/l/email-protection#3c6c786e126e594f53494e5f597c524e5f125b534a"><span class="__cf_email__" data-cfemail="c4948096ea96a1b7abb1b6a7a184aab6a7eaa3abb2">[email protected]</span></a> or call 1-800-397-4209 or 301-415-4737, between 
8:00 a.m. and 4:00 p.m. (ET), Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Kimberly Green, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, telephone: 301-415-1627, email: <a href="/cdn-cgi/l/email-protection#1c5775717e796e7065325b6e7979725c726e7f327b736a"><span class="__cf_email__" data-cfemail="551e3c38373027392c7b122730303b153b27367b323a23">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The text of the exemptions is attached.

    Dated: May 2, 2022.


[[Page 27191]]


    For the Nuclear Regulatory Commission.
Kimberly J. Green,
Senior Project Manager, Plant Licensing Branch II-2, Division of 
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.

Attachment--Exemption

NUCLEAR REGULATORY COMMISSION

Docket No. 50-391

Tennessee Valley Authority Watts Bar Nuclear Plant, Unit 2 Exemption

I. Background

    The Tennessee Valley Authority (TVA, the licensee) is the holder of 
Facility Operating License No. NPF-96 which authorizes operation of 
Watts Bar Nuclear Plant (Watts Bar), Unit 2. The license provides, 
among other things, that the facility is subject to all rules, 
regulations, and orders of the Nuclear Regulatory Commission (NRC, the 
Commission) now or hereafter in effect.
    The facility consists of two pressurized-water reactors located in 
Rhea County in Tennessee.

II. Request/Action

    By letter dated April 15, 2022, as supplemented by letter dated 
April 25, 2022 (Agencywide Documents Access and Management System 
(ADAMS) Accession Nos. ML22105A579 and ML22115A232, respectively), TVA 
requested one-time exemptions from the work hour requirements in Title 
10 of the Code of Federal Regulations (10 CFR), part 26, ``Fitness for 
Duty Programs,'' section 26.205(d)(7), pursuant to 10 CFR 26.9, 
``Specific exemptions.''
    Section 26.205(d)(7) of 10 CFR provides, in part, that licensees 
may, as an alternative to the minimum days off requirements in 10 CFR 
26.205(d)(3), ensure that individuals subject to the work hour controls 
in Section 26.205(d) do not work more than a weekly average of 54 
hours, calculated using an averaging period of up to 6 weeks. Section 
26.205(d)(4) of 10 CFR provides that during the first 60 days of a unit 
outage, licensees need not meet the requirements of 10 CFR 26.205(d)(3) 
or (d)(7) for individuals specified in 10 CFR 26.4(a)(1) through 10 CFR 
26.4(a)(4), while those individuals are working on outage activities. 
However, 10 CFR 26.205(d)(4) also provides that the licensee shall 
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. Section 26.205(d)(6) 
states that the 60-day periods in 10 CFR 26.205(d)(4) and (d)(5) may be 
extended for each individual in 7-day increments for each non-
overlapping 7-day period the individual has worked not more than 48 
hours during the unit or security system outage or increased threat 
condition, as applicable.
    Watts Bar, Unit 2, entered a refueling outage on March 1, 2022. 
During this refueling outage, the licensee also commenced a steam 
generator replacement (SGR) project. The outage, including the SGR 
project, was originally planned to be completed in mid-May, 2022, and 
TVA intended to administer work hour controls in accordance with 10 CFR 
26.204(d)(4) and (d)(6). However, primarily due to adverse weather 
conditions and the emergent discovery of issues while removing the 
original steam generators and installing the replacement steam 
generators, the outage was delayed such that it is now scheduled to be 
completed by early June 2022. Due to these delays, TVA will not be able 
to complete outage activities within the period of time when outage 
work hour controls would be permitted in accordance with 10 CFR 
26.205(d)(4), as extended by the allowances in 10 CFR 26.205(d)(6). 
Therefore, TVA requested one-time exemptions from 10 CFR 26.205(d)(7) 
to allow personnel to work less restrictive hours for an additional 
period to support the refueling outage.
    Within the exemption request, TVA has identified two categories of 
affected personnel. Category A personnel are identified as those 
individuals performing activities directly in support of the SGR 
project; these activities constitute maintenance activities, as 
discussed in 10 CFR 26.4, ``FFD [fitness for duty] program 
applicability to categories of individuals,'' section (a)(4). Category 
A personnel include specialized craft workers such as, pipefitters, 
boilermakers, operating engineers, electricians, and iron workers. 
Category B personnel are identified as those individuals performing 
normal outage shutdown, startup, maintenance, fuel handling, and 
modification activities, which are not related to the SGR project, and 
are covered by 10 CFR 26.4(a)(1), (a)(2), and (a)(4). Category B 
personnel includes operations, health physics, chemistry, and 
maintenance personnel.
    For Category A personnel, TVA requested a one-time exemption from 
the requirements of 10 CFR 26.205(d)(7) that would be applicable for a 
period not to exceed 60 days beyond the end of the current 60-day unit 
outage period in 10 CFR 26.205(d)(4) that began on March 1, 2022. 
During this exemption period, TVA would continue to administer work 
hour controls for Category A personnel in accordance with the outage-
related minimum day off requirements listed in 10 CFR 26.205(d)(4), and 
TVA would also administer certain additional mitigating actions 
discussed in Section V of the Enclosure to the submittal letter. The 
exemption period for Category A personnel would conclude either at the 
end of the additional 60-day period (i.e., no later than June 29, 2022) 
or when Watts Bar, Unit 2, is connected to the electrical grid, 
whichever occurs first.
    For Category B personnel, TVA requested a one-time exemption from 
the requirements of 10 CFR 26.205(d)(7) that would begin upon 
completion of refueling outage Schedule Milestone SGM0184 (the SGR 
project schedule milestone for turnover of the polar crane from the SGR 
project team to the TVA outage team). During the exemption period, 
Category B personnel would be permitted to work in accordance with the 
minimum day off requirements in 10 CFR 26.205(d)(4) for a 60-day 
period. Similar to the provisions of 10 CFR 26.205(d)(6) for outages, 
this 60-day period could be extended for each individual in 7-day 
increments for each non-overlapping 7-day period of the 60-day period 
during which the individual has worked not more than 48 hours. 
Following the conclusion of the 60-day period for a given individual, 
normal (non-outage) work hour controls, would resume for that 
individual, in accordance with the requirements of 10 CFR 26.205(d)(7). 
The exemption period for Category B personnel would conclude when Watts 
Bar, Unit 2, is connected to the electrical grid.

III. 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.

A. The Exemption Is Authorized by Law

    The exemption for Category A personnel would authorize a one-time 
exemption from the requirements of 10 CFR 26.205(d)(7) to allow the use 
the less restrictive work hour controls provided in 10 CFR 26.205(d)(4) 
for up to an additional 60 days, no later than June 29, 2022, or until 
the reactor unit is connected to the electrical grid, whichever occurs 
first, to allow SGR activities to be completed. The

[[Page 27192]]

exemption for Category B personnel would authorize a one-time exemption 
from the requirements of 10 CFR 26.205(d)(7) to allow the use the less 
restrictive work hour controls provided in 10 CFR 26.205(d)(4) for a 
60-day period that would begin upon completion of refueling outage 
Schedule Milestone SGM0184 and may be extended as described in 10 CFR 
26.205(d)(6) (Category B personnel), or until the reactor unit is 
connected to the electrical grid, whichever occurs first, to allow 
normal outage activities to 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 exemptions is 
permissible under the Atomic Energy Act of 1954, as amended, and other 
regulatory requirements. Therefore, the exemptions are authorized by 
law.

B. The Exemption Will Not Endanger Life or Property

    The underlying purpose of subpart I of 10 CFR part 26 is to ensure 
that cumulative fatigue does not compromise the abilities of 
individuals to perform their duties safely and competently. The 
underlying purpose of 10 CFR 26.205(d)(7) is to provide a method for 
licensees to manage worker fatigue while a unit is in operation by 
limiting the number of hours that can be worked on a weekly basis, as 
averaged over a 6-week period. The underlying purpose of 10 CFR 
26.205(d)(4) is to provide licensees flexibility in scheduling required 
days off while accommodating more intense work schedules associated 
with a unit outage. The underlying purpose of 10 CFR 26.205(d)(6) is to 
allow the flexibilities provided by 10 CFR 26.205(d)(4) to be extended 
when directly justified by an individual's actual work history.
    For Category B personnel, TVA requested an exemption from the 
requirements of 10 CFR 26.205(d)(7) that would begin upon completion of 
refueling outage Schedule Milestone SGM0184 (the SGR project schedule 
milestone for turnover of the polar crane from the SGR project team to 
the TVA outage team). During the exemption period, Category B personnel 
would be permitted to work in accordance with the minimum day off 
requirements in 10 CFR 26.205(d)(4) for a 60-day period. In addition, 
similar to the provisions of 10 CFR 26.205(d)(6) for outages, this 60-
day period could be extended for each individual in 7-day increments 
for each non-overlapping 7-day period of the 60-day period during which 
the individual has worked not more than 48 hours. TVA cited Position 
C.10 from Regulatory Guide 5.73, ``Fatigue Management for Nuclear Power 
Plant Personnel,'' which discusses the expectation that licensees 
should confirm that an individual transitioning from an outage at one 
plant to another ``has had a 34-hour break period within the 9 days 
that precede the day on which the individual begins working for the 
receiving licensee.'' TVA stated that prior to the start of the 
additional 60-day period, Category B personnel would have a minimum of 
3 consecutive days off.
    The NRC staff reviewed the schedules that had been worked by 
Category B personnel in various positions leading up to when TVA 
submitted the exemption request, as well as the originally planned work 
schedule for the remainder of the outage for Category B personnel 
(discussed in Table 1 of Enclosure 1 of TVA's submittal letter) to 
determine whether it would be appropriate to allow for a 60-day period 
for Category B personnel to use the flexibilities in 10 CFR 
26.206(d)(4) and (d)(6), in addition to the 60 days of the current unit 
outage, from a fatigue management standpoint. The NRC staff noted that, 
for all positions except for Chemistry, individuals will have worked 
less than the 54-hour-per-week limit established for normal operating 
conditions in accordance with 10 CFR 26.205(d)(7) leading up to the 
start of the additional 60-day period for Category B personnel.
    With regards to Chemistry personnel, the NRC staff noted that, 
under the most extreme scheduling case in accordance with the 
scheduling plan discussed in Table 1 of Enclosure 1 of TVA's submittal 
(including the 3 consecutive days off that will be provided to 
personnel), Chemistry personnel could potentially have worked up to 56 
hours per week starting on March 14, 2022, and through the remainder of 
the first 60 days of the unit outage. However, this slight increase in 
the average hours worked per week, above the 10 CFR 26.205(d)(7) 
limits, is expected to be offset by the fact that the workers will be 
guaranteed 3 consecutive days off prior to transitioning into the 
exemption period for Category B personnel.
    The NRC staff further noted that, in accordance with the 60-day 
limit established by 10 CFR 26.205(d)(4), Chemistry personnel who are 
not eligible for an extension under 10 CFR 26.205(d)(6) would need to 
return to a 54-hour work week, in accordance with 10 CFR 26(d)(7), 
starting at the end of the first 60-days of the unit outage. Therefore, 
depending on the actual date on which Schedule Milestone SGM0184 is 
completed, there is a possibility that Chemistry personnel will have 
returned to a 54-hour work week leading up to the start of the 
exemption period for Category B personnel.
    Because Category B workers will be working a normal (or, in the 
case of Chemistry personnel, a near-normal) work schedule, in 
accordance with 10 CFR 26.205(d)(7), leading up to the additional 60-
day period, the NRC staff determined that administering the minimum 
days off during the exemption period in accordance with the 
requirements in 10 CFR 26.205(d)(4) and (d)(6) will allow TVA to 
adequately manage cumulative fatigue among Category B personnel.
    For Category A personnel, TVA requested authorization to apply the 
flexibilities allowed by 10 CFR 26.205(d)(4) for an additional period 
of up to 60 days beyond the first 60 days of the refueling outage that 
began on March 1, 2022. TVA identified several mitigating factors to 
justify this request. For example, TVA stated that, during the first 60 
days of the refueling outage that began on March 1, 2022, when Category 
A personnel were scheduled to work 72-hour work weeks, they were given 
additional time off when available. This is reflected by the per-week 
work hour averages shown for various worker positions in Table 2 of 
Enclosure 1 of TVA's submittal letter. Additionally, TVA stated that 
during the exemption period it will implement alternative controls and 
mitigating actions, including the following:
    <bullet> Personnel will not work more than 16 work-hours in any 24-
hour period, and they will not work more than 72 work-hours in any 7-
day period, excluding shift turnover.
    <bullet> A minimum 10-hour break will be provided between 
successive work periods.
    <bullet> 12-hour shifts will be limited to 72 work hours in a 7-day 
rolling period.
    <bullet> A minimum of 3 days off will be provided in each 
subsequent 15-day period after the first 60 days of the outage.
    <bullet> The calculation of work hours and days will include all 
work hours and days off during the applicable calculation periods, 
including those work hours and days off preceding initiation of the 
exemption period.
    <bullet> Requirements will be established for behavioral 
observation and self-declaration during the period of the exemption. 
Specifically, the station will perform targeted management and peer to 
peer fatigue observations and the station will provide briefings with 
station personnel on the capability and process for personnel to self-
declare fatigue.

[[Page 27193]]

    <bullet> Prior to personnel going to the field, the process will 
include discussion of self-declaration of fatigue, with regards to both 
self-awareness and keeping watch on crew members.
    <bullet> The station will promote fatigue awareness and perform 
targeted observations of fatigue signs using an observation program.
    The NRC staff reviewed TVA's scheduling plan for Category A 
personnel. Because Category A workers have been provided with 1 day off 
every 7 days, and because, as discussed in Section IV of Enclosure 1 of 
TVA's submittal letter, those workers have typically worked consistent 
12-hour schedules, there is a reasonable expectation that the day off, 
plus the time after a worker's preceding shift and before a worker's 
subsequent shift, will provide about 36 consecutive hours of time off 
once every 7 days. Furthermore, 10 CFR 26.205(d)(2)(ii) requires that 
licensees shall ensure that individuals have, at a minimum, a 34-hour 
break in any 9-day period. Based on these considerations, the NRC staff 
determined that Category A personnel will receive at least a 34-hour 
break within the 9 days that precede the 60-day exemption period.
    The NRC staff noted that compliance with the 34-hour break 
requirement discussed in 10 CFR 26.205(d)(2)(ii) does not, on its own, 
constitute adequate management of cumulative fatigue for workers, and 
that this requirement is intended to be implemented with the other work 
hour control requirements discussed in the other sections of 10 CFR 
26.205. However, the NRC staff considered the required minimum 34-hour 
break period in conjunction with the fact that, leading up to the 60-
day exemption period, Category A personnel will not have worked the 
full 72 hours per week allowed in accordance with the minimum days off 
required by 10 CFR 26.205(d)(4) for personnel performing maintenance 
activities in accordance with 10 CFR 26.4(a)(4). As shown by Table 2 of 
Enclosure 1 of the licensee's submittal letter, personnel will have 
only worked, on average, 58 to 66 hours of the allowed 72 hours per 
week. Because personnel will have been working, on average, 6 to 14 
hours less than the maximum number of hours that are permitted by 
regulation during outage conditions, there is added assurance that 
cumulative fatigue can be adequately managed by the minimum 34-hour 
period they must provide prior to the start of the subsequent 60-day 
period.
    One additional factor that the NRC staff considered for Category A 
personnel is the fact that a significant portion of the work being 
performed by these personnel consists of maintenance activities that 
will be subject to verification (e.g., via non-destructive examination) 
or post-maintenance testing. This provides some assurance that 
potential fatigue-related errors that may occur will be identified and 
resolved. However, the NRC staff did not rely exclusively on the 
additional assurance provided by activities such as non-destructive 
evaluation (NDE) as a basis for its determination that the exemption 
would not endanger life or property, because (in accordance with 
Position C.2 of Regulatory Guide 5.73) individuals performing NDE are 
not necessarily subject to work hour controls and, as such, their 
performance could be potentially degraded by fatigue.
    The NRC staff determined that the added scheduling margin from 
Category A personnel not having worked full 72-hour weeks leading up to 
the exemption period, along with adherence to the alternative work hour 
controls discussed in Section V of Enclosure 1 of TVA's submittal 
letter, will allow TVA to adequately manage cumulative fatigue among 
Category A personnel during the requested 60-day exemption period.
    Because TVA proposed adequate alternative controls and mitigation 
measures for managing cumulative fatigue among Category A and Category 
B personnel for the duration of the requested one-time exemptions, the 
NRC staff determined that the requested one-time exemptions will not 
endanger life or property.

C. The Exemption Is Consistent With the Common Defense and Security

    The proposed exemptions would authorize one-time exemptions from 
the requirements of 10 CFR 26.205(d)(7) to allow the use of the less 
restrictive work hour limitations provided in 10 CFR 26.205(d)(4) for 
up to an additional 60 days for Category A personnel, and for 60 days, 
which may be extended in accordance with 10 CFR 26.205(d)(6), for 
Category B personnel. The proposed exemptions are not applicable to 
security personnel nor do they have any relation to security issues. 
Therefore, the common defense and security is not impacted by these 
exemptions.

D. The Exemption Is in the Public Interest

    In considering whether the requested exemptions would be in the 
public interest, the NRC staff considered several factors, including:
    <bullet> The extent to which the need for an exemption was 
reasonably avoidable by the licensee;
    <bullet> the interests of the licensee;
    <bullet> the public health and safety interests of the communities 
that are impacted by the safe operation of the plant; and
    <bullet> the potential adverse impacts on communities resulting 
from the further-extended shutdown of the unit, which would be 
prolonged if fewer resources were to be available as a result of TVA 
needing to resume usual (non-outage) work hours prior to completion of 
the refueling outage.
    Regarding the extent to which the issues that led to the outage 
delays could have been foreseen and prevented, TVA noted in the 
Enclosure to the supplemental letter that the SGR project was 
originally scheduled to occur during the fall 2023 outage, but that it 
was moved up to the spring 2022 outage due to in-service inspection 
results on one of the aging steam generators that indicated degradation 
warranting expedited replacement. This discovery also resulted in the 
decision to commence with the spring 2022 outage early (early March, as 
opposed to mid-April), to limit the runtime of the affected steam 
generator. This resulted in significant impact on the planning for the 
project. However, despite the accelerated nature of project planning 
necessitated by these circumstances, TVA also discussed its 
consideration of potential schedule risks in planning the project, as 
depicted in Table 1 in the Enclosure to the supplemental letter, which 
included margin built into the schedule to account for various 
potential issues/delays, including weather-related delays. TVA also 
provided, in Revised CNL-22054 Table 4 of the Enclosure to the 
supplemental letter, explanations for the various emergent discovery 
issues that delayed the project after it commenced, including the 
reasons that several of these delays could not have been reasonably 
foreseeable.
    The NRC staff considered the fact that TVA took reasonable 
measures, in accordance with its processes, to consider possible issues 
that may arise and incorporated appropriate margin into the schedule. 
The NRC staff considered TVA's explanations for issues that did arise 
and determined that a substantial portion of the delays experienced 
were not foreseeable and preventable. The NRC staff also noted that the 
decision to move up the SGR project was conservative in nature and was 
intended to ensure that the unit did not operate with unacceptable 
steam

[[Page 27194]]

generator degradation that could have been potentially adverse to 
safety.
    In the Enclosure to the supplemental letter, TVA discussed the 
potential impact of the requested exemption on the broader community. 
Earlier completion of the outage will potentially allow for a return of 
the unit to an operating status in time to support summer energy 
demands. TVA stated that, without exemption, and with the resulting 
delayed restart of the Unit 2, TVA will be challenged from a 
reliability and environmental compliance perspective, as the area 
supplied by the unit transitions further into a period of the year 
characterized by warmer weather and higher loads. TVA discussed the 
likelihood that additional generation from the company's fossil-fuel-
based sites would be necessary to make up for the lost generation from 
an extended outage of Watts Bar, Unit 2, which would result in reliance 
on a lower-reliability, higher-emission sources of electricity 
production.
    The NRC staff considered the balance of public interest 
considerations, weighing the potential impact of the Watts Bar, Unit 2, 
outage needing to be further extended if the exemption were not 
approved, due to the reduced availability of personnel under a 
resumption of normal (non-operational) work hours. The NRC staff also 
considered the potential impacts resulting from an increase in overall 
cumulative fatigue due to personnel working longer work hours for an 
extended period, beyond that of a typical outage under the established 
regulatory limits. As explained above, TVA proposed adequate 
alternative controls and mitigation measures for managing cumulative 
fatigue among Category A personnel for the duration of the requested 
one-time exemption, and TVA will have adequately managed fatigue for 
Category B personnel leading up to the start of the requested exemption 
period. Based on these considerations, the NRC staff concluded that: 
There is not expected to be a significant impact on public health and 
safety as a result of the increase in cumulative fatigue; earlier 
conclusion of the Watts Bar, Unit 2, refueling outage may allow TVA to 
meet elevated electrical demands without reliance on additional fossil 
fuel sources; and TVA took reasonable measures in its project planning 
to foresee and prevent project/outage delays where possible. Therefore, 
the NRC staff finds that approval of the requested exemptions is 
consistent with the public interest.

E. Environmental Considerations

    The Commission has determined that granting the exemptions from the 
requirements 10 CFR 26.205(d)(7) involves (1) no significant hazards 
consideration, (2) no significant change in the types or significant 
increase in the amounts of any effluents that may be released offsite, 
(3) no significant increase in individual or cumulative public or 
occupational radiation exposure, (4) no significant construction 
impact, and (5) no significant increase in the potential for or 
consequences from radiological accidents.
    (1) Under 10 CFR 50.92(c), there is no significant hazards 
consideration if the action does not (1) involve a significant increase 
in the probability or consequences of an accident previously evaluated; 
or (2) create the possibility of a new or different kind of accident 
from any accident previously evaluated; or (3) involve a significant 
reduction in a margin of safety.
    The proposed exemptions are administrative in nature because they 
extend the timeframe when less restrictive hours can be worked for 
Category A and Category B personnel. The proposed exemptions have no 
effect on systems, and components (SSCs) and no effect on the 
capability of the SSCs to perform their design function. The proposed 
exemptions do not make any changes to the facility or operating 
procedures and do not alter the design, function, or operation of any 
plant equipment. Therefore, the exemptions do not increase the 
probability or consequences of an accident previously evaluated.
    The proposed exemptions do not make any changes to the facility or 
operating procedures and do not alter the design, function, or 
operation of any plant equipment. Similarly, the proposed exemptions do 
not authorize any physical changes to any SSCs involved in the 
mitigation of any accidents. Therefore, the exemptions do not create 
the possibility of a new or different kind of accident from any 
accident previously evaluated.
    The proposed exemptions do not authorize alteration of the design 
basis or any safety limits for the plant. The exemptions would not 
impact station operation or any SSC that is relied upon for accident 
mitigation. Therefore, the exemptions do not involve a significant 
reduction in a margin of safety.
    For these reasons, the NRC has determined that approval of the 
exemptions requested involves no significant hazards consideration.
    (2) The proposed exemptions do not authorize any changes to the 
design basis requirements for the SSCs at Watts Bar, Unit 2, that 
function to limit the release of non-radiological effluents, 
radiological liquid effluents, or radiological gaseous effluents during 
and following postulated accidents. Additionally, the exemptions do not 
change any requirements with respect to the conduct of radiation 
surveys and monitoring. Therefore, there is no significant change in 
the types or significant increase in the amounts of any effluents that 
may be released offsite.
    (3) The proposed exemptions do not affect the limits on the release 
of any radioactive material or the limits provided in 10 CFR part 20 
for radiation exposure to workers or members of the public. 
Additionally, the exemptions will not increase or decrease the amount 
of work activities that must be completed in order to connect the 
reactor unit to the electrical grid. Therefore, there is no significant 
increase in individual or cumulative public or occupational radiation 
exposure.
    (4) The exemptions do not involve any changes to a construction 
permit; therefore, there is no significant construction impact.
    (5) The proposed exemptions do not alter any of the assumptions or 
limits in the licensee's accident analyses. Therefore, there is no 
significant increase in the potential for or consequences from 
radiological accidents.
    (6) In addition, the requirements from which these exemptions are 
sought involve other requirements of an administrative, managerial, or 
organizational nature. Accordingly, the exemptions meets the 
eligibility criteria for categorical exclusion set forth in 10 CFR 
51.22(c)(25)(vi)(I). Therefore, in accordance with 10 CFR 51.22(b), no 
environmental impact statement or environmental assessment need be 
prepared in connection with the NRC's consideration of these exemption 
requests.

IV. Conclusions

    Accordingly, the Commission has determined that, pursuant to 10 CFR 
26.9, the exemptions are authorized by law, will not endanger life or 
property or the common defense and security, and are otherwise in the 
public interest.
    The Commission hereby grants Tennessee Valley Authority a one-time 
exemption from 10 CFR 26.205(d)(7) for Category A personnel (i.e., 
those performing maintenance or directing maintenance activities as 
discussed in 10 CFR 26.205(d)(4) and in direct support of the spring 
2022 SGR project)

[[Page 27195]]

to allow the use of the minimum days off requirements discussed in 10 
CFR 26.205(d)(4) for a 60-day period starting on May 1, 2022 (following 
the current 60-day outage period that began on March 1, 2022). While 
the exemption is in effect, TVA will also implement alternate work hour 
controls for Category A personnel, as discussed in Section V of 
Enclosure 1 to their submittal letter dated April 15, 2022. The 
exemption for Category A personnel shall end either at the end of the 
approved 60-day period (not to exceed June 29, 2022) or at the time 
when Watts Bar, Unit 2, is connected to the electrical grid, whichever 
occurs first.
    The Commission hereby grants Tennessee Valley Authority a one-time 
exemption from 10 CFR 26.205(d)(7) for Category B personnel (i.e., 
those individuals performing normal outage shutdown, startup, 
maintenance, fuel handling, and modification activities, who are 
covered by 10 CFR 26.4(a)(1), (a)(2), and (a)(4), and are not directly 
related to the SGR project) to allow the use of the work minimum day 
off requirements discussed in 10 CFR 26.205(d)(4) for a 60-day period 
that shall begin upon completion of Schedule Milestone SGM0184 (i.e., 
turnover of the polar crane from SGR project team to the TVA outage 
team). This 60-day period may be extended for each individual subject 
to the exemption in 7-day increments for each non-overlapping 7-day 
period the individual has worked not more than 48 hours during the 60-
day period as described in 10 CFR 26.205(d)(6). Following the 
conclusion of the 60-day period for a given individual, normal (non-
outage) work hour controls, in accordance with requirements of 10 CFR 
26.205(d)(7), shall resume for that individual. The exemption for 
Category B personnel shall end when Watts Bar, Unit 2, is connected to 
the electrical grid.

    Dated at Rockville, Maryland, this 29th day of April, 2022.

    For the Nuclear Regulatory Commission.

/RA/

Gregory F. Suber,

Deputy Director, Division of Operating Reactor Licensing, Office of 
Nuclear Reactor Regulation.

[FR Doc. 2022-09709 Filed 5-5-22; 8:45 am]
BILLING CODE 7590-01-P


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