Notice of Availability of Model Safety Evaluation, Model No Significant Hazards Determination, and Model Application for Licensees That Wish To Adopt TSTF-511, Revision 0, “Eliminate Working Hour Restrictions From TS 5.2.2 To Support Compliance With 10 CFR Part 26”, 79923-79928 [E8-30939]
Download as PDF
<![CDATA[
Federal Register / Vol. 73, No. 250 / Tuesday, December 30, 2008 / Notices
Unit 1, is available for public inspection
at the Commission’s PDR, located at
One White Flint North, 11555 Rockville
Pike (first floor), Rockville, MD 20852–
2738, and at https://www.nrc.gov/
reactors/operating/licensing/renewal/
applications.html, the NRC’s Web site
while the application is under review.
The application may be accessed in
ADAMS through the NRC’s Public
Electronic Reading Room on the Internet
at https://www.nrc.gov/reading-rm/
adams.html under ADAMS Accession
Number ML083030227. As stated above,
persons who do not have access to
ADAMS or who encounter problems in
accessing the documents located in
ADAMS may contact the NRC Public
Document Room (PDR) Reference staff
by telephone at 1–800–397–4209 or
301–415–4737, or by e-mail to
PDR@nrc.gov.
The NRC staff has verified that a copy
of the license renewal application is
also available to local residents near
CNS, at the Auburn Memorial Library,
1810 Courthouse Avenue, Auburn, NE
68305.
The applicant’s counsel: John C.
McClure, Nebraska Public Power
District, 1414 15th Street Columbus,
NE., 68602.
Dated at Rockville, Maryland, this 19th day
of December, 2008.
For the Nuclear Regulatory Commission.
Brian E. Holian,
Director, Division of License Renewal, Office
of Nuclear Reactor Regulation.
[FR Doc. E8–30946 Filed 12–29–08; 8:45 am]
Issuance of Amendment published in
the Federal Register on March 25, 2008
(73 FR 15789). However, by letter dated
December 10, 2008, the licensee
withdrew the proposed change.
For further details with respect to this
action, see the application for
amendment dated December 28, 2007,
and the licensee’s letter dated December
10, 2008, which withdrew the
application for license amendment.
Documents may be examined, and/or
copied for a fee, at the NRC’s Public
Document Room (PDR), located at One
White Flint North, Public File Area O1
F21, 11555 Rockville Pike (first floor),
Rockville, Maryland. Publicly available
records will be accessible electronically
from the Agencywide Documents
Access and Management System
(ADAMS) Public Electronic Reading
Room on the internet at the NRC Web
site, https://www.nrc.gov/readingrm.html. Persons who do not have
access to ADAMS or who encounter
problems in accessing the documents
located in ADAMS should contact the
NRC PDR Reference staff by telephone
at 1–800–397–4209, or 301–415–4737 or
by e-mail to pdr.resource@nrc.gov.
Dated at Rockville, Maryland, this 18th day
of December 2008.
For the Nuclear Regulatory Commission.
Mohan C. Thadani,
Senior Project Manager, Plant Licensing
Branch IV, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. E8–30945 Filed 12–29–08; 8:45 am]
BILLING CODE 7590–01–P
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–483]
Notice of Availability of Model Safety
Evaluation, Model No Significant
Hazards Determination, and Model
Application for Licensees That Wish
To Adopt TSTF–511, Revision 0,
‘‘Eliminate Working Hour Restrictions
From TS 5.2.2 To Support Compliance
With 10 CFR Part 26’’
pwalker on PROD1PC71 with NOTICES
Union Electric Company; Notice of
Withdrawal of Application for
Amendment to Facility Operating
License
The U.S. Nuclear Regulatory
Commission (the Commission) has
granted the request of Union Electric
Company (the licensee) to withdraw its
December 28, 2007, application for
proposed amendment to Facility
Operating License No. NPF–30 for the
Callaway Plant, Unit 1, located in
Callaway County, Missouri.
The proposed amendment would
have modified the facility Technical
Specifications (TSs) pertaining to TS
3.7.2, ‘‘Main Steam Isolation Valves
(MSIVs),’’ by adding the MSIVs bypass
valves to the scope of the TS.
The Commission had previously
issued a Notice of Consideration of
VerDate Aug<31>2005
22:55 Dec 29, 2008
Jkt 217001
AGENCY: Nuclear Regulatory
Commission.
ACTION: Notice of availability.
SUMMARY: Notice is hereby given that
the staff of the U.S. Nuclear Regulatory
Commission (NRC) has approved TSTF–
511, Revision 0, ‘‘Eliminate Working
Hour Restrictions from TS 5.2.2 to
Support Compliance with 10 CFR Part
26,’’ and has prepared a model license
amendment request (LAR), model safety
evaluation (SE), and model proposed no
significant hazards consideration
(NSHC) determination related to
PO 00000
Frm 00135
Fmt 4703
Sfmt 4703
79923
deletion of paragraph d of Technical
Specification (TS) 5.2.2 in Standard
Technical Specifications (STS). The
purpose of these models is to permit the
NRC to efficiently process license
amendment applications that propose to
adopt TSTF–511, Revision 0. TSTF–511,
Revision 0 revises the Administrative
Controls section of STS to support
compliance with a recent revision to 10
CFR Part 26, ‘‘Fitness For Duty
Programs.’’ Licensees of nuclear power
reactors to which the model applies may
request amendments using the model
application.
The NRC issued a Federal Register
notice (73 FR 16966, March 31, 2008) of
the issuance of a final rule that amended
10 CFR Part 26. The revised regulations
in 10 CFR Part 26, Subpart I supersede
working hour restrictions contained in
TS. The NRC staff hereby announces
that the model SE and NSHC
determination may be referenced in
plant-specific applications to adopt the
changes. The NRC staff can most
efficiently consider applications based
upon the model application if the
application is submitted within a year of
this Federal Register notice.
FOR FURTHER INFORMATION CONTACT:
Matthew Hamm, Mail Stop: O12H2,
Division of Inspection and Regional
Support, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, telephone 301–415–1472.
SUPPLEMENTARY INFORMATION:
Background
Regulatory Issue Summary 2000–06,
‘‘Consolidated Line Item Improvement
Process for Adopting Standard
Technical Specification Changes for
Power Reactors,’’ was issued on March
20, 2000. The consolidated line item
improvement process (CLIIP) is
intended to improve the efficiency of
NRC licensing processes by processing
proposed changes to the standard
technical specifications (STS) in a
manner that supports subsequent
license amendment applications. The
CLIIP normally includes an opportunity
for the public to comment on a
proposed change to the STS after a
preliminary assessment by the NRC staff
and a finding that the change will likely
be offered for adoption by licensees. The
CLIIP directs the NRC staff to evaluate
any comments received for a proposed
change to STS and to either reconsider
the change or announce the availability
of the change for adoption by licensees.
Public comment periods for the
proposed changes to 10 CFR Part 26
were provided prior to the amendment
of Part 26. No public comment period is
E:\FR\FM\30DEN1.SGM
30DEN1
79924
Federal Register / Vol. 73, No. 250 / Tuesday, December 30, 2008 / Notices
being provided for the model LAR,
model SE, and model proposed NSHC
determination provided in this notice
since this notice is being used to
implement the changes to 10 CFR Part
26, for which previous comment periods
were provided.
This notice contains changes
proposed for incorporation into the STS
by owners group participants in the
Technical Specification Task Force
(TSTF) and is designated TSTF–511.
TSTF–511, Revision 0 can be viewed on
the NRC’s web page utilizing the
Agencywide Documents Access and
Management System (ADAMS). The
ADAMS accession number for TSTF–
511, Revision 0, is ML082610292.
pwalker on PROD1PC71 with NOTICES
Applicability
NRC staff has attempted to make the
model LAR, model SE, and model
proposed NSHC determination
applicable to all licensees of power
reactors. Licensees opting to apply for
this TS change are responsible for
reviewing the staff’s evaluation,
referencing the applicable technical
justifications, providing any necessary
plant-specific information, and
confirming the applicability of the
change to their plant. To efficiently
process the incoming license
amendment applications, the NRC staff
requests that each licensee applying for
the changes addressed by TSTF–511,
Revision 0, using the CLIIP, submit a
license amendment request that adheres
to the attached model application.
Variations from the model application
in this notice may require additional
review by NRC staff, and may increase
the time and resources needed for
review. Significant variations from the
model application, or inclusion of
additional changes to the license, may
result in staff rejection of the submittal.
Instead, licensees desiring significant
variations and/or additional changes
should submit a LAR that does not
request to adopt TSTF–511 under the
CLIIP. Each amendment application
made in response to the notice of
availability will be processed and
noticed in accordance with applicable
rules and NRC procedures.
Public Notices
Licensees wishing to adopt the change
must submit an application in
accordance with applicable rules and
other regulatory requirements. For each
application the NRC staff will publish a
notice of consideration of issuance of
amendment to facility operating
licenses, a proposed no significant
hazards consideration determination,
and a notice of opportunity for a
hearing. The staff will also publish a
VerDate Aug<31>2005
22:55 Dec 29, 2008
Jkt 217001
notice of issuance of an amendment to
an operating license to announce the
deletion of those portions of TS
superseded by 10 CFR Part 26, Subpart
I for each plant that receives the
requested change.
Dated at Rockville, Maryland this 11th of
December 2008.
For the Nuclear Regulatory Commission.
Robert B. Elliott,
Branch Chief, Technical Specifications
Branch, Division of Inspections and Regional
Support, Office of Nuclear Reactor
Regulation.
Proposed Model Application for
License Amendments Adopting TSTF–
511, Revision 0, ‘‘Eliminate Working
Hour Restrictions From TS 5.2.2 To
Support Compliance With 10 CFR Part
26’’
U.S. Nuclear Regulatory Commission,
Document Control Desk,
Washington, DC 20555.
SUBJECT: [Plant Name]
DOCKET NO. 50–[XXX]
LICENSE AMENDMENT REQUEST FOR
ADOPTION OF TSTF–511, REV. 0,
‘‘ELIMINATE WORKING HOUR
RESTRICTIONS FROM TS 5.2.2 TO
SUPPORT COMPLIANCE WITH 10 CFR
PART 26.’’
In accordance with the provisions of
Section 50.90 of Title 10 of the Code of
Federal Regulations (10 CFR),
[LICENSEE] is submitting a request for
an amendment to the Technical
Specifications (TS) for [PLANT NAME,
UNIT NO.].
The proposed amendment would
delete those portions of TS superseded
by 10 CFR Part 26, Subpart I. This
change is consistent with NRC approved
Revision 0 to Technical Specification
Task Force (TSTF) Improved Standard
Technical Specification Change
Traveler, TSTF–511, ‘‘Eliminate
Working Hour Restrictions from TS
5.2.2 to Support Compliance with 10
CFR Part 26.’’ [Discuss any differences
with TSTF–511, Revision 0.] The
availability of this TS improvement was
announced in the Federal Register on
[Date] ([ ] FR [ ]) as part of the
consolidated line item improvement
process (CLIIP).
Attachment 1 provides an evaluation
of the proposed change. Attachment 2
provides the existing TS pages marked
up to show the proposed change.
Attachment 3 provides the proposed TS
changes in final typed format.
Attachment 4 provides the regulatory
commitment[s].
[LICENSEE] requests approval of the
proposed license amendment by
[DATE], to support implementation of
TS changes concurrent with
implementation of the new 10 CFR 26,
PO 00000
Frm 00136
Fmt 4703
Sfmt 4703
Subpart I requirements [BY October 1,
2009 OR WITHIN X DAYS].
This letter contains [one] regulatory
commitment[s] as identified in
Attachment 4.
In accordance with 10 CFR 50.91, a
copy of this application, with
attachments, is being provided to the
designated [STATE] Official.
If you should have any questions
regarding this submittal, please contact
[ ].
I declare [or certify, verify, state]
under penalty of perjury that the
foregoing is true and correct.
[NAME, TITLE]
Attachments:
1. Evaluation of Proposed Change
2. Proposed Technical Specification
Change (Mark-Up)
3. Proposed Technical Specification
Change (Re-Typed)
4. List of Regulatory Commitments
cc: [NRR Project Manager]
[Regional Office]
[Resident Inspector]
[State Contact]
Attachment 1
Evaluation of Proposed Change
License Amendment Request for
Adoption of TSTF–511, Revision 0,
‘‘Eliminate Working Hour Restrictions
from TS 5.2.2 to Support Compliance
with 10 CFR Part 26.’’
1.0 Description
2.0 Proposed Change
3.0 Background
4.0 Technical Analysis
5.0 Regulatory Safety Analysis
5.1 No Significant Hazards
Determination
5.2 Applicable Regulatory
Requirements/Criteria
6.0 Environmental Consideration
7.0 References
1.0
DESCRIPTION
The proposed amendment would
delete those portions of TS superseded
by 10 CFR Part 26, Subpart I. This
change is consistent with NRC approved
Revision 0 to Technical Specification
Task Force (TSTF) Improved Standard
Technical Specification Change
Traveler, TSTF–511, ‘‘Eliminate
Working Hour Restrictions from TS
5.2.2 to Support Compliance with 10
CFR Part 26.’’ Minor differences
between the proposed plant specific TS
changes, and the changes proposed by
TSTF–511 are listed in section 2.0. The
availability of this TS improvement was
announced in the Federal Register on
[Date] ([ ] FR [ ]) as part of the
consolidated line item improvement
process (CLIIP).
E:\FR\FM\30DEN1.SGM
30DEN1
Federal Register / Vol. 73, No. 250 / Tuesday, December 30, 2008 / Notices
2.0
PROPOSED CHANGE
Consistent with the NRC approved
Revision 0 of TSTF–511, the proposed
TS changes delete those portions of TS
superseded by 10 CFR Part 26, Subpart
I.
This application is being made in
accordance with the CLIIP. [LICENSEE]
is [not] proposing variations or
deviations from the TS changes
described in TSTF–511, Revision 0, or
the NRC staff’s model safety evaluation
(SE) published on [DATE] ([ ] FR [ ])
as part of the CLIIP Notice of
Availability. [Discuss any differences
with TSTF–511, Revision 0 and the
effect of any changes on the NRC staff’s
model SE.]
3.0
BACKGROUND
The NRC issued a Federal Register
notice (73 FR 16966, March 31, 2008) of
the issuance of a final rule that amended
10 CFR Part 26. The revised regulations
in 10 CFR Part 26, Subpart I supersede
working hour restrictions contained in
[paragraph d of TS 5.2.2]. The
background for this application is
adequately addressed by the NRC Notice
of Availability published on [DATE]
([ ] FR [ ]).
pwalker on PROD1PC71 with NOTICES
4.0
TECHNICAL ANALYSIS
[LICENSEE] has reviewed the SE
published on [DATE] ([ ] FR [ ]) as
part of the CLIIP Notice of Availability.
[LICENSEE] has concluded that the
technical justifications presented in the
SE prepared by the NRC staff are
applicable to [PLANT, UNIT NO.].
10 CFR Part 26, Subpart I, supersedes
existing worker fatigue guidance. 10
CFR Part 26, Subpart I, distinguishes
between work hour controls and fatigue
management and strengthens the
requirements for both. Under the new
rule, work hour restrictions include not
only work hour limitations for rolling
24-hour, 48-hour, and 7-day periods, but
also include a required minimum break
between work periods and varying
required minimum days off.
Additionally, Subpart I confines the use
of waivers (deviations from restrictions)
to situations where overtime is
necessary to mitigate or prevent a
condition adverse to safety or necessary
to maintain the security of the facility.
Subpart I also strengthens reporting
requirements. Finally, the new rule’s
work hour control scope includes
certain operating and maintenance
personnel, as well as individuals
directing those operating and
maintenance personnel, health physics
and chemistry personnel who are a part
of the on-site emergency response
organization minimum shift
VerDate Aug<31>2005
22:55 Dec 29, 2008
Jkt 217001
complement, the fire brigade member
who is responsible for understanding
the effects of fire and fire suppressants
on safe shutdown capability, and certain
security personnel.
The proposed change removes
working hour limits imposed in the
Technical Specifications in order to
support compliance with 10 CFR Part
26, Subpart I. Work hour controls and
fatigue management requirements have
been incorporated into the NRC’s
regulations; therefore, it is unnecessary
to have work hour control requirements
in the Technical Specifications.
Removal of the Technical
Specification requirements will be
performed concurrently with the
implementation of the 10 CFR Part 26,
Subpart I, requirements, even if the
Technical Specification change is
implemented prior to the October 1,
2009 deadline. Along with this LAR,
[LICENSEE] has submitted a
commitment to comply with 10 CFR
Part 26 concurrently with the
implementation of the Technical
Specification change.
5.0 REGULATORY SAFETY
ANALYSIS
5.1 NO SIGNIFICANT HAZARDS
DETERMINATION
[LICENSEE] has reviewed the no
significant hazards determination
published on [DATE] ([ ] FR [ ]) as
part of the CLIIP Notice of Availability.
[LICENSEE] has concluded that the
determination presented in the notice is
applicable to [PLANT, UNIT NO.].
[LICENSEE] has evaluated the proposed
changes to the TS using the criteria in
10 CFR 50.92 and has determined that
the proposed changes do not involve a
significant hazards consideration. An
analysis of the issue of no significant
hazards consideration is presented
below:
Criterion 1: The Proposed Change Does
Not Involve a Significant Increase in the
Probability or Consequences of an
Accident Previously Evaluated
The proposed change removes
Technical Specification restrictions on
working hours for personnel who
perform safety related functions. The
Technical Specification restrictions are
superseded by the worker fatigue
requirements in 10 CFR Part 26.
Removal of the Technical Specification
requirements will be performed
concurrently with the implementation
of the 10 CFR Part 26, Subpart I,
requirements. The proposed change
does not impact the physical
configuration or function of plant
structures, systems, or components
PO 00000
Frm 00137
Fmt 4703
Sfmt 4703
79925
(SSCs) or the manner in which SSCs are
operated, maintained, modified, tested,
or inspected. Worker fatigue is not an
initiator of any accident previously
evaluated. Worker fatigue is not an
assumption in the consequence
mitigation of any accident previously
evaluated.
Therefore, it is concluded that this
change does not involve a significant
increase in the probability or
consequences of an accident previously
evaluated.
Criterion 2: The Proposed Change Does
Not Create the Possibility of a New or
Different Kind of Accident From Any
Accident Previously Evaluated
The proposed change removes
Technical Specification restrictions on
working hours for personnel who
perform safety related functions. The
Technical Specification restrictions are
superseded by the worker fatigue
requirements in 10 CFR Part 26.
Working hours will continue to be
controlled in accordance with NRC
requirements. The new rule allows for
deviations from controls to mitigate or
prevent a condition adverse to safety or
as necessary to maintain the security of
the facility. This ensures that the new
rule will not unnecessarily restrict
working hours and thereby create the
possibility of a new or different kind of
accident from any accident previously
evaluated.
The proposed change does not alter
the plant configuration, require new
plant equipment to be installed, alter
accident analysis assumptions, add any
initiators, or effect the function of plant
systems or the manner in which systems
are operated, maintained, modified,
tested, or inspected.
Therefore, the proposed change does
not create the possibility of a new or
different kind of accident from any
previously evaluated.
Criterion 3: The Proposed Change Does
Not Involve a Significant Reduction in
a Margin of Safety
The proposed change removes
Technical Specification restrictions on
working hours for personnel who
perform safety related functions. The
Technical Specification restrictions are
superseded by the worker fatigue
requirements in 10 CFR Part 26. The
proposed change does not involve any
physical changes to plant or alter the
manner in which plant systems are
operated, maintained, modified, tested,
or inspected. The proposed change does
not alter the manner in which safety
limits, limiting safety system settings or
limiting conditions for operation are
determined. The safety analysis
E:\FR\FM\30DEN1.SGM
30DEN1
79926
Federal Register / Vol. 73, No. 250 / Tuesday, December 30, 2008 / Notices
acceptance criteria are not affected by
this change. The proposed change will
not result in plant operation in a
configuration outside the design basis.
The proposed change does not adversely
affect systems that respond to safely
shutdown the plant and to maintain the
plant in a safe shutdown condition.
Removal of plant-specific Technical
Specification administrative
requirements will not reduce a margin
of safety because the requirements in 10
CFR Part 26 are adequate to ensure that
worker fatigue is managed.
Therefore, the proposed change does
not involve a significant reduction in a
margin of safety.
Based on the above, [LICENSEE]
concludes that the proposed change
presents no significant hazards
consideration under the standards set
forth in 10 CFR 50.92(c), and,
accordingly, a finding of ‘‘no significant
hazards consideration’’ is justified.
pwalker on PROD1PC71 with NOTICES
5.2 APPLICABLE REGULATORY
REQUIREMENTS/CRITERIA
A description of the proposed TS
change and its relationship to applicable
regulatory requirements was provided
in the NRC Notice of Availability
published on [DATE] ([ ] FR [ ]).
[LICENSEE] has reviewed the NRC
staff’s model SE published on [DATE]
([ ] FR [ ]) as part of the CLIIP Notice
of Availability and concluded that the
regulatory evaluation section is
applicable to [PLANT, UNIT NO.].
The proposed change eliminates the
plant-specific Technical Specification
administrative controls on working
hours. The Technical Specification
guidance has been superseded by 10
CFR Part 26.
10 CFR Part 26, Subpart I, ‘‘Managing
Fatigue,’’ contains requirements for
managing worker fatigue at operating
nuclear power plants.
10 CFR 50.36 provides, among other
things, the regulatory requirements for
the content in the Administrative
Controls section of the Technical
Specifications. The inclusion of
requirements to control working hours
and manage fatigue is not required to be
in the Administrative Controls by 10
CFR Part 50.36. Because the
requirement to control working hours
and manage fatigue is provided in 10
CFR Part 26, Subpart I, it is unnecessary
for the Technical Specifications to
contain similar controls.
6.0 ENVIRONMENTAL
CONSIDERATION
[LICENSEE] has reviewed the
environmental evaluation included in
the safety evaluation (SE) published on
[DATE] ([ ] FR [ ]) as part of the CLIIP
VerDate Aug<31>2005
22:55 Dec 29, 2008
Jkt 217001
Notice of Availability. [LICENSEE] has
concluded that the staff’s findings
presented in that evaluation are
applicable to [PLANT, NO.]. The
proposed amendment changes
recordkeeping, reporting, or
administrative procedures. Accordingly,
the amendment meets the eligibility
criteria for categorical exclusion set
forth in 10 CFR 51.22(c)(10). Pursuant to
10 CFR 51.22(b) no environmental
impact statement or environmental
assessment need be prepared in
connection with the issuance of the
amendment.
7.0 REFERENCES
1. Federal Register Notice, Final Rule
10 CFR Part 26 published on March 31,
2008.
2. TSTF–511, Revision 0, ‘‘Eliminate
Working Hour Restrictions from TS
5.2.2 to Support Compliance with 10
CFR Part 26.’’
3. Federal Register Notice, Notice of
Availability published on [DATE] ([ ]
FR [ ]).
Attachment 2
Proposed Technical Specification
Change (Mark-Up)
Attachment 3
Proposed Technical Specification
Change (Re-Typed)
Attachment 4
List of Regulatory Commitments
Commitment
Removal of the plant-specific TS
requirements will be performed
concurrently with the implementation
of the 10 CFR Part 26, Subpart I
requirements. This commitment will be
completed no later than October 1,
2009.
Model Safety Evaluation
U.S. Nuclear Regulatory Commission
Office of Nuclear Reactor Regulation
Consolidated Line Item Improvement
Technical Specification Task Force
Change TSTF–511, Revision 0,
‘‘Eliminate Working Hour Restrictions
from TS 5.2.2 to Support Compliance
with 10 CFR Part 26.’’
1.0 INTRODUCTION
By application dated [Date], [Name of
Licensee] (the licensee) requested
changes to the Technical Specifications
(TS) for the [Name of Facility].
The proposed changes would:
1. Delete paragraph d of TS 5.2.2,
‘‘Unit Staff.’’
The licensee stated that the
application is consistent with NRC
PO 00000
Frm 00138
Fmt 4703
Sfmt 4703
approved Revision 0 to Technical
Specification Task Force (TSTF)
Improved Standard Technical
Specification Change Traveler, TSTF–
511, ‘‘ Eliminate Working Hour
Restrictions from TS 5.2.2 to Support
Compliance with 10 CFR Part 26.’’
[Discuss any differences with TSTF–
511, Revision 0.] The availability of this
TS improvement was announced in the
Federal Register on [Date] ([ ] FR [ ])
as part of the consolidated line item
improvement process (CLIIP).
2.0 REGULATORY EVALUATION
The history of NRC regulations
pertaining to prevention of worker
impairment is summarized in the
Federal Register notice containing the
final rule that amended 10 CFR Part 26
(73 FR 16966, March 31, 2008). 10 CFR
Part 26, Subpart I provides the
regulatory requirements for managing
worker fatigue at nuclear power plants.
The NRC’s regulatory requirements
related to the content of the TS are
contained in 10 CFR Part 50.36. 10 CFR
50.36 requires that the TS include items
in the following categories: (1) Safety
limits, limiting safety systems settings,
and limiting control settings; (2)
limiting conditions for operation
(LCOs); (3) Surveillance Requirements
(SR); (4) design features; and (5)
administrative controls. The
administrative controls are the
provisions relating to organization and
management, procedures,
recordkeeping, review and audit, and
reporting necessary to assure operation
of the facility in a safe manner.
The NRC’s guidance for the format
and content of licensee Technical
Specifications can be found in NUREG–
1430, Revision 3.0, ‘‘Standard Technical
Specifications Babcock and Wilcox
Plants,’’ NUREG–1431, Revision 3.0,
‘‘Standard Technical Specifications
Westinghouse Plants,’’ NUREG–1432,
Revision 3.0, ‘‘Standard Technical
Specifications Combustion Engineering
Plants,’’ NUREG–1433, Revision 3.0,
‘‘Standard Technical Specifications
General Electric Plants, BWR/4,’’ and
NUREG–1434, Revision 3.0, ‘‘Standard
Technical Specifications General
Electric Plants, BWR/6,’’ referred to as
Standard Technical Specifications
(STS). Section 5 of STS contains
administrative controls. Paragraph d of
Section 5.2.2 of STS contains
requirements for administrative
procedures to limit the working hours of
personnel who perform safety related
functions. This paragraph represents
NRC’s guidance on how licensee TS
requirements should address work hour
controls. Licensees adhere to the
guidance to varying degrees due to
E:\FR\FM\30DEN1.SGM
30DEN1
Federal Register / Vol. 73, No. 250 / Tuesday, December 30, 2008 / Notices
minor administrative differences and
differences in each licensee’s current
licensing basis. The inconsistent level of
adherence to NRC guidance has lead to
inconsistent TS interpretation and
implementation. This has also made it
difficult for NRC to enforce the
requirements.
The new requirements of 10 CFR Part
26, Subpart I supersede the guidance for
requirements found in Paragraph d of
Section 5.2.2 of all STS. Subpart I
distinguishes between work hour
controls and fatigue management and
strengthens the requirements for both.
Subpart I requires nuclear power plant
licensees to ensure against worker
fatigue adversely affecting public health
and safety and the common defense and
security by establishing clear and
enforceable requirements for the
management of worker fatigue.
Licensees are required to implement
Subpart I by October 1, 2009 as
announced in the Final rule that revised
10 CFR Part 26 (73 FR 16966, March 31,
2008). TSTF–511 proposed a change to
STS that would delete paragraph d of
STS 5.2.2. This change was approved in
Federal Register notice on [Date] ([ ]
FR [ ]).
pwalker on PROD1PC71 with NOTICES
2.1 Adoption of TSTF–511, Revision 0,
by [facility name]
Proper adoption of TSTF–511 and
implementation of 10 CFR Part 26,
Subpart I by [licensee] will provide
reasonable assurance that [licensee] will
maintain limits on the working hours of
personnel who perform safety related
functions. [Licensee] has committed to
remove the plant-specific TS
requirements concurrently with the
implementation of the 10 CFR Part 26,
Subpart I requirements.
3.0 TECHNICAL EVALUATION
Controls on work hours for personnel
at nuclear power plants are necessary to
prevent worker fatigue from adversely
affecting public health and safety and
the common defense and security. Work
hour controls for [facility name] are
currently located in [paragraph d of TS
5.2.2]. When implemented, the
regulatory requirements of 10 CFR 26,
Subpart I replace the plant-specific TS
requirements found in [paragraph d of
[facility name]] TS.
The licensee proposed deleting
[paragraph d of TS 5.2.2]. The licensee
committed to implement the new
requirements of 10 CFR Part 26, Subpart
I concurrently with the deletion of the
TS requirements on work hour controls.
The NRC staff finds that reasonable
controls for the implementation and for
subsequent evaluation of proposed
changes pertaining to the above
VerDate Aug<31>2005
22:55 Dec 29, 2008
Jkt 217001
regulatory commitment(s) are best
provided by the licensee’s
administrative processes, including its
commitment management program (see
Regulatory Issue Summary 2000–017,
‘‘Managing Regulatory Commitments
Made by Power Reactor Licensees to the
NRC Staff’’). The above regulatory
commitments do not warrant the
creation of regulatory requirements
(items requiring prior NRC approval of
subsequent changes).
The staff evaluated the licensee’s
proposed change against the applicable
regulatory requirements listed in section
2. The staff also compared the proposed
change to the change made to STS by
TSTF–511. The staff considered the
licensee’s commitment to implement 10
CFR Part 26, Subpart I concurrently
with the deletion of TS work hour
control requirements in its evaluation of
the proposed change. Given the
licensee’s commitment, there is
reasonable assurance that the licensee
will comply with the regulations for
work hour controls, either through TS
requirements or through the
requirements of 10 CFR part 26, Subpart
I, at all times at [facility name].
Therefore, the licensee will continue to
prevent worker fatigue from adversely
affecting public health and safety and
the common defense and security.
Therefore, the staff finds the proposed
change acceptable.
4.0 STATE CONSULTATION
In accordance with the Commission’s
regulations, the [Name of State] State
official was notified of the proposed
issuance of the amendment. The State
official had [no] comments. [If
comments were provided, they should
be addressed here].
5.0 ENVIRONMENTAL
CONSIDERATION
The amendment changes
recordkeeping, reporting, or
administrative procedures. Accordingly,
the amendment meets the eligibility
criteria for categorical exclusion set
forth in 10 CFR 51.22(c)(10). Pursuant to
10 CFR 51.22(b) no environmental
impact statement or environmental
assessment need be prepared in
connection with the issuance of the
amendment.
6.0 CONCLUSION
The Commission has concluded,
based on the considerations discussed
above, that: (1) There is reasonable
assurance that the health and safety of
the public will not be endangered by
operation in the proposed manner, (2)
such activities will be conducted in
compliance with the Commission’s
PO 00000
Frm 00139
Fmt 4703
Sfmt 4703
79927
regulations, and (3) the issuance of the
amendment will not be inimical to the
common defense and security or to the
health and safety of the public.
7.0 REFERENCES
1. [Licensee] Licensee Amendment
Request to adopt TSTF–511, [DATE]
2. Federal Register Notice, Notice of
Availability published on [DATE] ([ ]
FR [ ]).
3. TSTF–511 Revision 0, ‘‘ Eliminate
Working Hour Restrictions from TS
5.2.2 to Support Compliance with 10
CFR Part 26.’’
Principal Contributors: [NRC
Technical Reviewer]
MODEL NO SIGNIFICANT HAZARDS
DETERMINATION
Description of Amendment Request:
The proposed amendment would delete
[paragraph d of TS 5.2.2].
Basis for No Significant Hazards
Determination: As required by 10 CFR
50.91(a), an analysis of the issue of no
significant hazards consideration is
presented below:
Criterion 1: The Proposed Change Does
Not Involve a Significant Increase in the
Probability or Consequences of an
Accident Previously Evaluated
The proposed change removes
Technical Specification restrictions on
working hours for personnel who
perform safety related functions. The
Technical Specification restrictions are
superseded by the worker fatigue
requirements in 10 CFR Part 26.
Removal of the Technical Specification
requirements will be performed
concurrently with the implementation
of the 10 CFR Part 26, Subpart I,
requirements. The proposed change
does not impact the physical
configuration or function of plant
structures, systems, or components
(SSCs) or the manner in which SSCs are
operated, maintained, modified, tested,
or inspected. Worker fatigue is not an
initiator of any accident previously
evaluated. Worker fatigue is not an
assumption in the consequence
mitigation of any accident previously
evaluated.
Therefore, it is concluded that this
change does not involve a significant
increase in the probability or
consequences of an accident previously
evaluated.
Criterion 2: The Proposed Change Does
Not Create the Possibility of a New or
Different Kind of Accident From Any
Accident Previously Evaluated
The proposed change removes
Technical Specification restrictions on
working hours for personnel who
E:\FR\FM\30DEN1.SGM
30DEN1
79928
Federal Register / Vol. 73, No. 250 / Tuesday, December 30, 2008 / Notices
pwalker on PROD1PC71 with NOTICES
perform safety related functions. The
Technical Specification restrictions are
superseded by the worker fatigue
requirements in 10 CFR Part 26.
Working hours will continue to be
controlled in accordance with NRC
requirements. The new rule allows for
deviations from controls to mitigate or
prevent a condition adverse to safety or
as necessary to maintain the security of
the facility. This ensures that the new
rule will not unnecessarily restrict
working hours and thereby create the
possibility of a new or different kind of
accident from any accident previously
evaluated.
The proposed change does not alter
the plant configuration, require new
plant equipment to be installed, alter
accident analysis assumptions, add any
initiators, or effect the function of plant
systems or the manner in which systems
are operated, maintained, modified,
tested, or inspected.
Therefore, the proposed change does
not create the possibility of a new or
different kind of accident from any
previously evaluated.
Criterion 3: The Proposed Change Does
Not Involve a Significant Reduction in
a Margin of Safety
The proposed change removes
Technical Specification restrictions on
working hours for personnel who
perform safety related functions. The
Technical Specification restrictions are
superseded by the worker fatigue
requirements in 10 CFR Part 26. The
proposed change does not involve any
physical changes to plant or alter the
manner in which plant systems are
operated, maintained, modified, tested,
or inspected. The proposed change does
not alter the manner in which safety
limits, limiting safety system settings or
limiting conditions for operation are
determined. The safety analysis
acceptance criteria are not affected by
this change. The proposed change will
not result in plant operation in a
configuration outside the design basis.
The proposed change does not adversely
affect systems that respond to safely
shutdown the plant and to maintain the
plant in a safe shutdown condition.
Removal of plant-specific Technical
Specification administrative
requirements will not reduce a margin
of safety because the requirements in 10
CFR Part 26 are adequate to ensure that
worker fatigue is managed.
Therefore, the proposed change does
not involve a significant reduction in a
margin of safety.
Based on the above, the NRC
concludes that the proposed change
presents no significant hazards
consideration under the standards set
VerDate Aug<31>2005
22:55 Dec 29, 2008
Jkt 217001
forth in 10 CFR 50.92(c), and,
accordingly, a finding of ‘‘no significant
hazards consideration’’ is justified.
[FR Doc. E8–30939 Filed 12–29–08; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket ID NRC–2008–0631]
Biweekly Notice Applications and
Amendments to Facility Operating
Licenses Involving No Significant
Hazards Considerations; Correction
Nuclear Regulatory
Commission.
ACTION: Notice of Issuance; Correction.
AGENCY:
SUMMARY: This document corrects a
notice appearing in the Federal Register
on December 2, 2008 (73 FR 73351), that
lists all notices of amendments issued,
or proposed to be issued from November
6, 2008, to November 19, 2008. This
action is necessary to correct an
erroneous amendment number.
FOR FURTHER INFORMATION CONTACT:
Peter S. Tam, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001; telephone (301) 415–1451, e-mail:
Peter.Tam@nrc.gov.
SUPPLEMENTARY INFORMATION: On page
73356, in the first column, the seventh
line from the top, ‘‘Amendment No.:
171’’ is corrected to read ‘‘Amendment
No.: 271’’.
Dated in Rockville, Maryland, this 16th
day of December 2008.
For the Nuclear Regulatory Commission.
Peter S. Tam,
Senior Project Manager, Plant Licensing
Branch III–1, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. E8–30943 Filed 12–29–08; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
Biweekly Notice; Applications and
Amendments to Facility Operating
Licenses Involving No Significant
Hazards Considerations
I. Background
Pursuant to section 189a.(2) of the
Atomic Energy Act of 1954, as amended
(the Act), the U.S. Nuclear Regulatory
Commission (the Commission or NRC
staff) is publishing this regular biweekly
notice. The Act requires the
Commission publish notice of any
amendments issued, or proposed to be
PO 00000
Frm 00140
Fmt 4703
Sfmt 4703
issued and grants the Commission the
authority to issue and make
immediately effective any amendment
to an operating license upon a
determination by the Commission that
such amendment involves no significant
hazards consideration, notwithstanding
the pendency before the Commission of
a request for a hearing from any person.
This biweekly notice includes all
notices of amendments issued, or
proposed to be issued from December 4,
2008 to December 17, 2008. The last
biweekly notice was published on
December 16, 2008 (73 FR 76407).
Notice of Consideration of Issuance of
Amendments to Facility Operating
Licenses, Proposed No Significant
Hazards Consideration Determination,
and Opportunity for a Hearing
The Commission has made a
proposed determination that the
following amendment requests involve
no significant hazards consideration.
Under the Commission’s regulations in
10 CFR 50.92, this means that operation
of the facility in accordance with the
proposed amendment would 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 basis for this
proposed determination for each
amendment request is shown below.
The Commission is seeking public
comments on this proposed
determination. Any comments received
within 30 days after the date of
publication of this notice will be
considered in making any final
determination.
Normally, the Commission will not
issue the amendment until the
expiration of 60 days after the date of
publication of this notice. The
Commission may issue the license
amendment before expiration of the 60day period provided that its final
determination is that the amendment
involves no significant hazards
consideration. In addition, the
Commission may issue the amendment
prior to the expiration of the 30-day
comment period should circumstances
change during the 30-day comment
period such that failure to act in a
timely way would result, for example in
derating or shutdown of the facility.
Should the Commission take action
prior to the expiration of either the
comment period or the notice period, it
will publish in the Federal Register a
notice of issuance. Should the
Commission make a final No Significant
E:\FR\FM\30DEN1.SGM
30DEN1
]]>Agencies
[Federal Register Volume 73, Number 250 (Tuesday, December 30, 2008)]
[Notices]
[Pages 79923-79928]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30939]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
Notice of Availability of Model Safety Evaluation, Model No
Significant Hazards Determination, and Model Application for Licensees
That Wish To Adopt TSTF-511, Revision 0, ``Eliminate Working Hour
Restrictions From TS 5.2.2 To Support Compliance With 10 CFR Part 26''
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of availability.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the staff of the U.S. Nuclear
Regulatory Commission (NRC) has approved TSTF-511, Revision 0,
``Eliminate Working Hour Restrictions from TS 5.2.2 to Support
Compliance with 10 CFR Part 26,'' and has prepared a model license
amendment request (LAR), model safety evaluation (SE), and model
proposed no significant hazards consideration (NSHC) determination
related to deletion of paragraph d of Technical Specification (TS)
5.2.2 in Standard Technical Specifications (STS). The purpose of these
models is to permit the NRC to efficiently process license amendment
applications that propose to adopt TSTF-511, Revision 0. TSTF-511,
Revision 0 revises the Administrative Controls section of STS to
support compliance with a recent revision to 10 CFR Part 26, ``Fitness
For Duty Programs.'' Licensees of nuclear power reactors to which the
model applies may request amendments using the model application.
The NRC issued a Federal Register notice (73 FR 16966, March 31,
2008) of the issuance of a final rule that amended 10 CFR Part 26. The
revised regulations in 10 CFR Part 26, Subpart I supersede working hour
restrictions contained in TS. The NRC staff hereby announces that the
model SE and NSHC determination may be referenced in plant-specific
applications to adopt the changes. The NRC staff can most efficiently
consider applications based upon the model application if the
application is submitted within a year of this Federal Register notice.
FOR FURTHER INFORMATION CONTACT: Matthew Hamm, Mail Stop: O12H2,
Division of Inspection and Regional Support, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, telephone 301-415-1472.
SUPPLEMENTARY INFORMATION:
Background
Regulatory Issue Summary 2000-06, ``Consolidated Line Item
Improvement Process for Adopting Standard Technical Specification
Changes for Power Reactors,'' was issued on March 20, 2000. The
consolidated line item improvement process (CLIIP) is intended to
improve the efficiency of NRC licensing processes by processing
proposed changes to the standard technical specifications (STS) in a
manner that supports subsequent license amendment applications. The
CLIIP normally includes an opportunity for the public to comment on a
proposed change to the STS after a preliminary assessment by the NRC
staff and a finding that the change will likely be offered for adoption
by licensees. The CLIIP directs the NRC staff to evaluate any comments
received for a proposed change to STS and to either reconsider the
change or announce the availability of the change for adoption by
licensees. Public comment periods for the proposed changes to 10 CFR
Part 26 were provided prior to the amendment of Part 26. No public
comment period is
[[Page 79924]]
being provided for the model LAR, model SE, and model proposed NSHC
determination provided in this notice since this notice is being used
to implement the changes to 10 CFR Part 26, for which previous comment
periods were provided.
This notice contains changes proposed for incorporation into the
STS by owners group participants in the Technical Specification Task
Force (TSTF) and is designated TSTF-511. TSTF-511, Revision 0 can be
viewed on the NRC's web page utilizing the Agencywide Documents Access
and Management System (ADAMS). The ADAMS accession number for TSTF-511,
Revision 0, is ML082610292.
Applicability
NRC staff has attempted to make the model LAR, model SE, and model
proposed NSHC determination applicable to all licensees of power
reactors. Licensees opting to apply for this TS change are responsible
for reviewing the staff's evaluation, referencing the applicable
technical justifications, providing any necessary plant-specific
information, and confirming the applicability of the change to their
plant. To efficiently process the incoming license amendment
applications, the NRC staff requests that each licensee applying for
the changes addressed by TSTF-511, Revision 0, using the CLIIP, submit
a license amendment request that adheres to the attached model
application. Variations from the model application in this notice may
require additional review by NRC staff, and may increase the time and
resources needed for review. Significant variations from the model
application, or inclusion of additional changes to the license, may
result in staff rejection of the submittal. Instead, licensees desiring
significant variations and/or additional changes should submit a LAR
that does not request to adopt TSTF-511 under the CLIIP. Each amendment
application made in response to the notice of availability will be
processed and noticed in accordance with applicable rules and NRC
procedures.
Public Notices
Licensees wishing to adopt the change must submit an application in
accordance with applicable rules and other regulatory requirements. For
each application the NRC staff will publish a notice of consideration
of issuance of amendment to facility operating licenses, a proposed no
significant hazards consideration determination, and a notice of
opportunity for a hearing. The staff will also publish a notice of
issuance of an amendment to an operating license to announce the
deletion of those portions of TS superseded by 10 CFR Part 26, Subpart
I for each plant that receives the requested change.
Dated at Rockville, Maryland this 11th of December 2008.
For the Nuclear Regulatory Commission.
Robert B. Elliott,
Branch Chief, Technical Specifications Branch, Division of Inspections
and Regional Support, Office of Nuclear Reactor Regulation.
Proposed Model Application for License Amendments Adopting TSTF-511,
Revision 0, ``Eliminate Working Hour Restrictions From TS 5.2.2 To
Support Compliance With 10 CFR Part 26''
U.S. Nuclear Regulatory Commission,
Document Control Desk,
Washington, DC 20555.
SUBJECT: [Plant Name]
DOCKET NO. 50-[XXX]
LICENSE AMENDMENT REQUEST FOR ADOPTION OF TSTF-511, REV. 0, ``ELIMINATE
WORKING HOUR RESTRICTIONS FROM TS 5.2.2 TO SUPPORT COMPLIANCE WITH 10
CFR PART 26.''
In accordance with the provisions of Section 50.90 of Title 10 of
the Code of Federal Regulations (10 CFR), [LICENSEE] is submitting a
request for an amendment to the Technical Specifications (TS) for
[PLANT NAME, UNIT NO.].
The proposed amendment would delete those portions of TS superseded
by 10 CFR Part 26, Subpart I. This change is consistent with NRC
approved Revision 0 to Technical Specification Task Force (TSTF)
Improved Standard Technical Specification Change Traveler, TSTF-511,
``Eliminate Working Hour Restrictions from TS 5.2.2 to Support
Compliance with 10 CFR Part 26.'' [Discuss any differences with TSTF-
511, Revision 0.] The availability of this TS improvement was announced
in the Federal Register on [Date] ([ ] FR [ ]) as part of the
consolidated line item improvement process (CLIIP).
Attachment 1 provides an evaluation of the proposed change.
Attachment 2 provides the existing TS pages marked up to show the
proposed change. Attachment 3 provides the proposed TS changes in final
typed format. Attachment 4 provides the regulatory commitment[s].
[LICENSEE] requests approval of the proposed license amendment by
[DATE], to support implementation of TS changes concurrent with
implementation of the new 10 CFR 26, Subpart I requirements [BY October
1, 2009 OR WITHIN X DAYS].
This letter contains [one] regulatory commitment[s] as identified
in Attachment 4.
In accordance with 10 CFR 50.91, a copy of this application, with
attachments, is being provided to the designated [STATE] Official.
If you should have any questions regarding this submittal, please
contact [ ].
I declare [or certify, verify, state] under penalty of perjury that
the foregoing is true and correct.
[NAME, TITLE]
Attachments:
1. Evaluation of Proposed Change
2. Proposed Technical Specification Change (Mark-Up)
3. Proposed Technical Specification Change (Re-Typed)
4. List of Regulatory Commitments
cc: [NRR Project Manager]
[Regional Office]
[Resident Inspector]
[State Contact]
Attachment 1
Evaluation of Proposed Change
License Amendment Request for Adoption of TSTF-511, Revision 0,
``Eliminate Working Hour Restrictions from TS 5.2.2 to Support
Compliance with 10 CFR Part 26.''
1.0 Description
2.0 Proposed Change
3.0 Background
4.0 Technical Analysis
5.0 Regulatory Safety Analysis
5.1 No Significant Hazards Determination
5.2 Applicable Regulatory Requirements/Criteria
6.0 Environmental Consideration
7.0 References
1.0 DESCRIPTION
The proposed amendment would delete those portions of TS superseded
by 10 CFR Part 26, Subpart I. This change is consistent with NRC
approved Revision 0 to Technical Specification Task Force (TSTF)
Improved Standard Technical Specification Change Traveler, TSTF-511,
``Eliminate Working Hour Restrictions from TS 5.2.2 to Support
Compliance with 10 CFR Part 26.'' Minor differences between the
proposed plant specific TS changes, and the changes proposed by TSTF-
511 are listed in section 2.0. The availability of this TS improvement
was announced in the Federal Register on [Date] ([ ] FR [ ]) as part of
the consolidated line item improvement process (CLIIP).
[[Page 79925]]
2.0 PROPOSED CHANGE
Consistent with the NRC approved Revision 0 of TSTF-511, the
proposed TS changes delete those portions of TS superseded by 10 CFR
Part 26, Subpart I.
This application is being made in accordance with the CLIIP.
[LICENSEE] is [not] proposing variations or deviations from the TS
changes described in TSTF-511, Revision 0, or the NRC staff's model
safety evaluation (SE) published on [DATE] ([ ] FR [ ]) as part of the
CLIIP Notice of Availability. [Discuss any differences with TSTF-511,
Revision 0 and the effect of any changes on the NRC staff's model SE.]
3.0 BACKGROUND
The NRC issued a Federal Register notice (73 FR 16966, March 31,
2008) of the issuance of a final rule that amended 10 CFR Part 26. The
revised regulations in 10 CFR Part 26, Subpart I supersede working hour
restrictions contained in [paragraph d of TS 5.2.2]. The background for
this application is adequately addressed by the NRC Notice of
Availability published on [DATE] ([ ] FR [ ]).
4.0 TECHNICAL ANALYSIS
[LICENSEE] has reviewed the SE published on [DATE] ([ ] FR [ ]) as
part of the CLIIP Notice of Availability. [LICENSEE] has concluded that
the technical justifications presented in the SE prepared by the NRC
staff are applicable to [PLANT, UNIT NO.].
10 CFR Part 26, Subpart I, supersedes existing worker fatigue
guidance. 10 CFR Part 26, Subpart I, distinguishes between work hour
controls and fatigue management and strengthens the requirements for
both. Under the new rule, work hour restrictions include not only work
hour limitations for rolling 24-hour, 48-hour, and 7-day periods, but
also include a required minimum break between work periods and varying
required minimum days off. Additionally, Subpart I confines the use of
waivers (deviations from restrictions) to situations where overtime is
necessary to mitigate or prevent a condition adverse to safety or
necessary to maintain the security of the facility. Subpart I also
strengthens reporting requirements. Finally, the new rule's work hour
control scope includes certain operating and maintenance personnel, as
well as individuals directing those operating and maintenance
personnel, health physics and chemistry personnel who are a part of the
on-site emergency response organization minimum shift complement, the
fire brigade member who is responsible for understanding the effects of
fire and fire suppressants on safe shutdown capability, and certain
security personnel.
The proposed change removes working hour limits imposed in the
Technical Specifications in order to support compliance with 10 CFR
Part 26, Subpart I. Work hour controls and fatigue management
requirements have been incorporated into the NRC's regulations;
therefore, it is unnecessary to have work hour control requirements in
the Technical Specifications.
Removal of the Technical Specification requirements will be
performed concurrently with the implementation of the 10 CFR Part 26,
Subpart I, requirements, even if the Technical Specification change is
implemented prior to the October 1, 2009 deadline. Along with this LAR,
[LICENSEE] has submitted a commitment to comply with 10 CFR Part 26
concurrently with the implementation of the Technical Specification
change.
5.0 REGULATORY SAFETY ANALYSIS
5.1 NO SIGNIFICANT HAZARDS DETERMINATION
[LICENSEE] has reviewed the no significant hazards determination
published on [DATE] ([ ] FR [ ]) as part of the CLIIP Notice of
Availability. [LICENSEE] has concluded that the determination presented
in the notice is applicable to [PLANT, UNIT NO.]. [LICENSEE] has
evaluated the proposed changes to the TS using the criteria in 10 CFR
50.92 and has determined that the proposed changes do not involve a
significant hazards consideration. An analysis of the issue of no
significant hazards consideration is presented below:
Criterion 1: The Proposed Change Does Not Involve a Significant
Increase in the Probability or Consequences of an Accident Previously
Evaluated
The proposed change removes Technical Specification restrictions on
working hours for personnel who perform safety related functions. The
Technical Specification restrictions are superseded by the worker
fatigue requirements in 10 CFR Part 26. Removal of the Technical
Specification requirements will be performed concurrently with the
implementation of the 10 CFR Part 26, Subpart I, requirements. The
proposed change does not impact the physical configuration or function
of plant structures, systems, or components (SSCs) or the manner in
which SSCs are operated, maintained, modified, tested, or inspected.
Worker fatigue is not an initiator of any accident previously
evaluated. Worker fatigue is not an assumption in the consequence
mitigation of any accident previously evaluated.
Therefore, it is concluded that this change does not involve a
significant increase in the probability or consequences of an accident
previously evaluated.
Criterion 2: The Proposed Change Does Not Create the Possibility of a
New or Different Kind of Accident From Any Accident Previously
Evaluated
The proposed change removes Technical Specification restrictions on
working hours for personnel who perform safety related functions. The
Technical Specification restrictions are superseded by the worker
fatigue requirements in 10 CFR Part 26. Working hours will continue to
be controlled in accordance with NRC requirements. The new rule allows
for deviations from controls to mitigate or prevent a condition adverse
to safety or as necessary to maintain the security of the facility.
This ensures that the new rule will not unnecessarily restrict working
hours and thereby create the possibility of a new or different kind of
accident from any accident previously evaluated.
The proposed change does not alter the plant configuration, require
new plant equipment to be installed, alter accident analysis
assumptions, add any initiators, or effect the function of plant
systems or the manner in which systems are operated, maintained,
modified, tested, or inspected.
Therefore, the proposed change does not create the possibility of a
new or different kind of accident from any previously evaluated.
Criterion 3: The Proposed Change Does Not Involve a Significant
Reduction in a Margin of Safety
The proposed change removes Technical Specification restrictions on
working hours for personnel who perform safety related functions. The
Technical Specification restrictions are superseded by the worker
fatigue requirements in 10 CFR Part 26. The proposed change does not
involve any physical changes to plant or alter the manner in which
plant systems are operated, maintained, modified, tested, or inspected.
The proposed change does not alter the manner in which safety limits,
limiting safety system settings or limiting conditions for operation
are determined. The safety analysis
[[Page 79926]]
acceptance criteria are not affected by this change. The proposed
change will not result in plant operation in a configuration outside
the design basis. The proposed change does not adversely affect systems
that respond to safely shutdown the plant and to maintain the plant in
a safe shutdown condition.
Removal of plant-specific Technical Specification administrative
requirements will not reduce a margin of safety because the
requirements in 10 CFR Part 26 are adequate to ensure that worker
fatigue is managed.
Therefore, the proposed change does not involve a significant
reduction in a margin of safety.
Based on the above, [LICENSEE] concludes that the proposed change
presents no significant hazards consideration under the standards set
forth in 10 CFR 50.92(c), and, accordingly, a finding of ``no
significant hazards consideration'' is justified.
5.2 APPLICABLE REGULATORY REQUIREMENTS/CRITERIA
A description of the proposed TS change and its relationship to
applicable regulatory requirements was provided in the NRC Notice of
Availability published on [DATE] ([ ] FR [ ]). [LICENSEE] has reviewed
the NRC staff's model SE published on [DATE] ([ ] FR [ ]) as part of
the CLIIP Notice of Availability and concluded that the regulatory
evaluation section is applicable to [PLANT, UNIT NO.].
The proposed change eliminates the plant-specific Technical
Specification administrative controls on working hours. The Technical
Specification guidance has been superseded by 10 CFR Part 26.
10 CFR Part 26, Subpart I, ``Managing Fatigue,'' contains
requirements for managing worker fatigue at operating nuclear power
plants.
10 CFR 50.36 provides, among other things, the regulatory
requirements for the content in the Administrative Controls section of
the Technical Specifications. The inclusion of requirements to control
working hours and manage fatigue is not required to be in the
Administrative Controls by 10 CFR Part 50.36. Because the requirement
to control working hours and manage fatigue is provided in 10 CFR Part
26, Subpart I, it is unnecessary for the Technical Specifications to
contain similar controls.
6.0 ENVIRONMENTAL CONSIDERATION
[LICENSEE] has reviewed the environmental evaluation included in
the safety evaluation (SE) published on [DATE] ([ ] FR [ ]) as part of
the CLIIP Notice of Availability. [LICENSEE] has concluded that the
staff's findings presented in that evaluation are applicable to [PLANT,
NO.]. The proposed amendment changes recordkeeping, reporting, or
administrative procedures. Accordingly, the amendment meets the
eligibility criteria for categorical exclusion set forth in 10 CFR
51.22(c)(10). Pursuant to 10 CFR 51.22(b) no environmental impact
statement or environmental assessment need be prepared in connection
with the issuance of the amendment.
7.0 REFERENCES
1. Federal Register Notice, Final Rule 10 CFR Part 26 published on
March 31, 2008.
2. TSTF-511, Revision 0, ``Eliminate Working Hour Restrictions from
TS 5.2.2 to Support Compliance with 10 CFR Part 26.''
3. Federal Register Notice, Notice of Availability published on
[DATE] ([ ] FR [ ]).
Attachment 2
Proposed Technical Specification Change (Mark-Up)
Attachment 3
Proposed Technical Specification Change (Re-Typed)
Attachment 4
List of Regulatory Commitments
Commitment
Removal of the plant-specific TS requirements will be performed
concurrently with the implementation of the 10 CFR Part 26, Subpart I
requirements. This commitment will be completed no later than October
1, 2009.
Model Safety Evaluation
U.S. Nuclear Regulatory Commission
Office of Nuclear Reactor Regulation
Consolidated Line Item Improvement
Technical Specification Task Force Change TSTF-511, Revision 0,
``Eliminate Working Hour Restrictions from TS 5.2.2 to Support
Compliance with 10 CFR Part 26.''
1.0 INTRODUCTION
By application dated [Date], [Name of Licensee] (the licensee)
requested changes to the Technical Specifications (TS) for the [Name of
Facility].
The proposed changes would:
1. Delete paragraph d of TS 5.2.2, ``Unit Staff.''
The licensee stated that the application is consistent with NRC
approved Revision 0 to Technical Specification Task Force (TSTF)
Improved Standard Technical Specification Change Traveler, TSTF-511, ``
Eliminate Working Hour Restrictions from TS 5.2.2 to Support Compliance
with 10 CFR Part 26.'' [Discuss any differences with TSTF-511, Revision
0.] The availability of this TS improvement was announced in the
Federal Register on [Date] ([ ] FR [ ]) as part of the consolidated
line item improvement process (CLIIP).
2.0 REGULATORY EVALUATION
The history of NRC regulations pertaining to prevention of worker
impairment is summarized in the Federal Register notice containing the
final rule that amended 10 CFR Part 26 (73 FR 16966, March 31, 2008).
10 CFR Part 26, Subpart I provides the regulatory requirements for
managing worker fatigue at nuclear power plants.
The NRC's regulatory requirements related to the content of the TS
are contained in 10 CFR Part 50.36. 10 CFR 50.36 requires that the TS
include items in the following categories: (1) Safety limits, limiting
safety systems settings, and limiting control settings; (2) limiting
conditions for operation (LCOs); (3) Surveillance Requirements (SR);
(4) design features; and (5) administrative controls. The
administrative controls are the provisions relating to organization and
management, procedures, recordkeeping, review and audit, and reporting
necessary to assure operation of the facility in a safe manner.
The NRC's guidance for the format and content of licensee Technical
Specifications can be found in NUREG-1430, Revision 3.0, ``Standard
Technical Specifications Babcock and Wilcox Plants,'' NUREG-1431,
Revision 3.0, ``Standard Technical Specifications Westinghouse
Plants,'' NUREG-1432, Revision 3.0, ``Standard Technical Specifications
Combustion Engineering Plants,'' NUREG-1433, Revision 3.0, ``Standard
Technical Specifications General Electric Plants, BWR/4,'' and NUREG-
1434, Revision 3.0, ``Standard Technical Specifications General
Electric Plants, BWR/6,'' referred to as Standard Technical
Specifications (STS). Section 5 of STS contains administrative
controls. Paragraph d of Section 5.2.2 of STS contains requirements for
administrative procedures to limit the working hours of personnel who
perform safety related functions. This paragraph represents NRC's
guidance on how licensee TS requirements should address work hour
controls. Licensees adhere to the guidance to varying degrees due to
[[Page 79927]]
minor administrative differences and differences in each licensee's
current licensing basis. The inconsistent level of adherence to NRC
guidance has lead to inconsistent TS interpretation and implementation.
This has also made it difficult for NRC to enforce the requirements.
The new requirements of 10 CFR Part 26, Subpart I supersede the
guidance for requirements found in Paragraph d of Section 5.2.2 of all
STS. Subpart I distinguishes between work hour controls and fatigue
management and strengthens the requirements for both. Subpart I
requires nuclear power plant licensees to ensure against worker fatigue
adversely affecting public health and safety and the common defense and
security by establishing clear and enforceable requirements for the
management of worker fatigue. Licensees are required to implement
Subpart I by October 1, 2009 as announced in the Final rule that
revised 10 CFR Part 26 (73 FR 16966, March 31, 2008). TSTF-511 proposed
a change to STS that would delete paragraph d of STS 5.2.2. This change
was approved in Federal Register notice on [Date] ([ ] FR [ ]).
2.1 Adoption of TSTF-511, Revision 0, by [facility name]
Proper adoption of TSTF-511 and implementation of 10 CFR Part 26,
Subpart I by [licensee] will provide reasonable assurance that
[licensee] will maintain limits on the working hours of personnel who
perform safety related functions. [Licensee] has committed to remove
the plant-specific TS requirements concurrently with the implementation
of the 10 CFR Part 26, Subpart I requirements.
3.0 TECHNICAL EVALUATION
Controls on work hours for personnel at nuclear power plants are
necessary to prevent worker fatigue from adversely affecting public
health and safety and the common defense and security. Work hour
controls for [facility name] are currently located in [paragraph d of
TS 5.2.2]. When implemented, the regulatory requirements of 10 CFR 26,
Subpart I replace the plant-specific TS requirements found in
[paragraph d of [facility name]] TS.
The licensee proposed deleting [paragraph d of TS 5.2.2]. The
licensee committed to implement the new requirements of 10 CFR Part 26,
Subpart I concurrently with the deletion of the TS requirements on work
hour controls. The NRC staff finds that reasonable controls for the
implementation and for subsequent evaluation of proposed changes
pertaining to the above regulatory commitment(s) are best provided by
the licensee's administrative processes, including its commitment
management program (see Regulatory Issue Summary 2000-017, ``Managing
Regulatory Commitments Made by Power Reactor Licensees to the NRC
Staff''). The above regulatory commitments do not warrant the creation
of regulatory requirements (items requiring prior NRC approval of
subsequent changes).
The staff evaluated the licensee's proposed change against the
applicable regulatory requirements listed in section 2. The staff also
compared the proposed change to the change made to STS by TSTF-511. The
staff considered the licensee's commitment to implement 10 CFR Part 26,
Subpart I concurrently with the deletion of TS work hour control
requirements in its evaluation of the proposed change. Given the
licensee's commitment, there is reasonable assurance that the licensee
will comply with the regulations for work hour controls, either through
TS requirements or through the requirements of 10 CFR part 26, Subpart
I, at all times at [facility name]. Therefore, the licensee will
continue to prevent worker fatigue from adversely affecting public
health and safety and the common defense and security. Therefore, the
staff finds the proposed change acceptable.
4.0 STATE CONSULTATION
In accordance with the Commission's regulations, the [Name of
State] State official was notified of the proposed issuance of the
amendment. The State official had [no] comments. [If comments were
provided, they should be addressed here].
5.0 ENVIRONMENTAL CONSIDERATION
The amendment changes recordkeeping, reporting, or administrative
procedures. Accordingly, the amendment meets the eligibility criteria
for categorical exclusion set forth in 10 CFR 51.22(c)(10). Pursuant to
10 CFR 51.22(b) no environmental impact statement or environmental
assessment need be prepared in connection with the issuance of the
amendment.
6.0 CONCLUSION
The Commission has concluded, based on the considerations discussed
above, that: (1) There is reasonable assurance that the health and
safety of the public will not be endangered by operation in the
proposed manner, (2) such activities will be conducted in compliance
with the Commission's regulations, and (3) the issuance of the
amendment will not be inimical to the common defense and security or to
the health and safety of the public.
7.0 REFERENCES
1. [Licensee] Licensee Amendment Request to adopt TSTF-511, [DATE]
2. Federal Register Notice, Notice of Availability published on
[DATE] ([ ] FR [ ]).
3. TSTF-511 Revision 0, `` Eliminate Working Hour Restrictions from
TS 5.2.2 to Support Compliance with 10 CFR Part 26.''
Principal Contributors: [NRC Technical Reviewer]
MODEL NO SIGNIFICANT HAZARDS DETERMINATION
Description of Amendment Request: The proposed amendment would
delete [paragraph d of TS 5.2.2].
Basis for No Significant Hazards Determination: As required by 10
CFR 50.91(a), an analysis of the issue of no significant hazards
consideration is presented below:
Criterion 1: The Proposed Change Does Not Involve a Significant
Increase in the Probability or Consequences of an Accident Previously
Evaluated
The proposed change removes Technical Specification restrictions on
working hours for personnel who perform safety related functions. The
Technical Specification restrictions are superseded by the worker
fatigue requirements in 10 CFR Part 26. Removal of the Technical
Specification requirements will be performed concurrently with the
implementation of the 10 CFR Part 26, Subpart I, requirements. The
proposed change does not impact the physical configuration or function
of plant structures, systems, or components (SSCs) or the manner in
which SSCs are operated, maintained, modified, tested, or inspected.
Worker fatigue is not an initiator of any accident previously
evaluated. Worker fatigue is not an assumption in the consequence
mitigation of any accident previously evaluated.
Therefore, it is concluded that this change does not involve a
significant increase in the probability or consequences of an accident
previously evaluated.
Criterion 2: The Proposed Change Does Not Create the Possibility of a
New or Different Kind of Accident From Any Accident Previously
Evaluated
The proposed change removes Technical Specification restrictions on
working hours for personnel who
[[Page 79928]]
perform safety related functions. The Technical Specification
restrictions are superseded by the worker fatigue requirements in 10
CFR Part 26. Working hours will continue to be controlled in accordance
with NRC requirements. The new rule allows for deviations from controls
to mitigate or prevent a condition adverse to safety or as necessary to
maintain the security of the facility. This ensures that the new rule
will not unnecessarily restrict working hours and thereby create the
possibility of a new or different kind of accident from any accident
previously evaluated.
The proposed change does not alter the plant configuration, require
new plant equipment to be installed, alter accident analysis
assumptions, add any initiators, or effect the function of plant
systems or the manner in which systems are operated, maintained,
modified, tested, or inspected.
Therefore, the proposed change does not create the possibility of a
new or different kind of accident from any previously evaluated.
Criterion 3: The Proposed Change Does Not Involve a Significant
Reduction in a Margin of Safety
The proposed change removes Technical Specification restrictions on
working hours for personnel who perform safety related functions. The
Technical Specification restrictions are superseded by the worker
fatigue requirements in 10 CFR Part 26. The proposed change does not
involve any physical changes to plant or alter the manner in which
plant systems are operated, maintained, modified, tested, or inspected.
The proposed change does not alter the manner in which safety limits,
limiting safety system settings or limiting conditions for operation
are determined. The safety analysis acceptance criteria are not
affected by this change. The proposed change will not result in plant
operation in a configuration outside the design basis. The proposed
change does not adversely affect systems that respond to safely
shutdown the plant and to maintain the plant in a safe shutdown
condition.
Removal of plant-specific Technical Specification administrative
requirements will not reduce a margin of safety because the
requirements in 10 CFR Part 26 are adequate to ensure that worker
fatigue is managed.
Therefore, the proposed change does not involve a significant
reduction in a margin of safety.
Based on the above, the NRC concludes that the proposed change
presents no significant hazards consideration under the standards set
forth in 10 CFR 50.92(c), and, accordingly, a finding of ``no
significant hazards consideration'' is justified.
[FR Doc. E8-30939 Filed 12-29-08; 8:45 am]
BILLING CODE 7590-01-P
