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 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 http://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 http://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, http://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