STP Nuclear Operating Company, South Texas Project, Units 1 and 2; Exemption, 39707-39710 [2010-16878]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 75, Number 132 (Monday, July 12, 2010)]
[Notices]
[Pages 39707-39710]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-16878]


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NUCLEAR REGULATORY COMMISSION

[NRC-2010-0162; Docket Nos. 50-498 and 50-499]


STP Nuclear Operating Company, South Texas Project, Units 1 and 
2; Exemption

1.0 Background

    STP Nuclear Operating Company (STPNOC, the licensee) is the holder 
of Facility Operating Licenses numbered NPF-76 and NPF-80, which 
authorize operation of the South Texas Project (STP), Units 1 and 2, 
respectively. The licenses provide, among other things, that the 
facility is subject to all rules, regulations, and orders of the U.S. 
Nuclear Regulatory Commission (NRC, the Commission) now or hereafter in 
effect.
    The facility consists of two pressurized-water reactors located in 
Matagorda County, Texas.

2.0 Request/Action

    By letter dated September 21, 2009 (Agencywide Documents Access and 
Management System (ADAMS) Accession No. ML092720178), and supplemented 
by letters dated October 14, 2009 (ADAMS Accession No. ML092930172), 
and February 11, April 19, and May 10, 2010 (ADAMS Accession Nos. 
ML100490048, ML101160042, and ML101340116, respectively), the licensee 
requested an exemption, pursuant to Sec.  26.9, ``Specific 
exemptions,'' of Title 10 of the Code of Federal Regulations (10 CFR), 
from the requirements of 10 CFR 26.205(c) and (d) during declarations 
of severe weather conditions, such as tropical storm and hurricane 
force winds.
    The regulations in 10 CFR 26.205(c), ``Work hours scheduling,'' a 
performance-based provision, require that licensees shall schedule the 
work hours of individuals who are subject to this section consistent 
with the objective of preventing impairment from fatigue due to 
duration, frequency, or sequencing of successive shifts. The 
regulations in 10 CFR 26.205(d), ``Work hour controls,'' specify the 
maximum work hour limits, the minimum break requirements and the 
minimum day-off requirements for covered workers (defined below).
    The regulations apply to individuals designated as the ``storm 
crew'' who are sequestered on-site to perform duties identified in 10 
CFR 26.4(a)(1) through (a)(5). Those duties are: (1) Operating or 
onsite directing of the operation of structures, systems and components 
(SSCs) that a risk-informed evaluation

[[Page 39708]]

process has shown to be significant to public health and safety; (2) 
performing health physics or chemistry duties required as a member of 
the onsite emergency response organization's minimum shift complement; 
(3) performing the duties of a fire brigade member who is responsible 
for understanding the effects of fire and fire suppressants on safe 
shutdown capability; (4) performing maintenance or onsite directing of 
the maintenance of SSCs that a risk-informed evaluation process has 
shown to be significant to public health and safety; and (5) performing 
security duties as an armed security force officer, alarm station 
operator, response team leader, or watchperson [security personnel].
    The storm crew members perform these duties and are designated as 
covered workers.
    The licensee's request states that adherence to all work hour 
controls could impede the licensee's ability to use whatever staff 
resources may be necessary to respond to a plant emergency and ensure 
that the plant maintains a safe and secure status. The licensee 
requests exemption from the requirements of 10 CFR 26.205(c) and (d) 
during declaration of severe weather conditions associated with 
tropical storms and hurricane force winds. The exemption would allow 
the storm crew to sequester on-site, as travel to and from the site 
during high-wind conditions may be hazardous or not possible.
    According to the National Weather Service's Tropical Cyclone 
Classification, a sustained wind speed of 40 miles per hour (mph) makes 
travel unsafe for the common traveler (National Weather Service 
Glossary). If conditions worsen such that sustained winds of 73 mph are 
present on-site, then an unusual event will be declared. When an 
unusual event is declared, the licensee will shutdown the plant, and 
the exception under current regulations at 10 CFR 26.207(d), ``Plant 
Emergencies,'' will allow the licensee not to meet the requirements of 
10 CFR 26.205(c) and (d), from the time that the storm or hurricane 
sequestering conditions are met until severe weather exit conditions 
are sustained. The exemption will only apply to individuals in the 
storm crew who perform duties identified in 10 CFR 26.4(a)(1) through 
(5).
    The requested exemption is needed during initiation of high-wind 
conditions, and will continue after the exception under a declared 
emergency pursuant to current regulation at 10 CFR 10 CFR 26.207(d) has 
ended. The exemption will terminate upon declaration of the Emergency 
Operations Facility Director that sufficient personnel are able to 
return to the site to make the reconstitution of work hour control 
possible. When storm crew sequestering exit conditions are met, full 
compliance with 10 CFR 26.205(c) and (d) is again required.

3.0 Discussion

    The Nuclear Regulatory Commission, pursuant to 10 CFR 26.9, 
requires that upon application of any interested person or on its own 
initiative, Commission may grant such exemptions from the requirements 
of the regulations at 10 CFR 26.205(c) and (d), as ``it determines are 
authorized by law and will not endanger life or property or the common 
defense and security, and are otherwise in the public interest.''
    The NRC staff has reviewed the licensee's request using the 
regulations contained in 10 CFR 26.205 and 10 CFR 26.207 and related 
Statements of Consideration in the 10 CFR part 26 final rule published 
in the Federal Register on March 31, 2008 (73 FR 17148). Other 
references include:
     NUREG-0654, ``Criteria for Preparation of and Evaluation 
of Radiological Emergency Response Plans and Preparedness in Support of 
Nuclear Power Plants;''
     NRC Regulatory Guide 5.73, ``Fatigue Management for 
Nuclear Power Plant Personnel,'' dated March 2009 (ADAMS Accession No. 
ML083450028);
     NRC Information Notice 93-53, ``Effect of Hurricane Andrew 
on Turkey Point Nuclear Generating Station and Lessons Learned,'' dated 
July 20, 1993 (ADAMS Accession No. ML031070364);
     NRC Information Notice 93-53, Supplement 1, ``Effect of 
Hurricane Andrew on Turkey Point Nuclear Generating Station and Lessons 
Learned,'' dated April 29, 2004 (ADAMS Accession No. ML031070490);
     NUREG-0933, ``Resolution of Generic Safety Issues, Section 
3, `New Generic Issues: Issue 178: Effect of Hurricane Andrew on Turkey 
Point (Revision 2)'''; and
     NUREG-1474, ``Effect of Hurricane Andrew on the Turkey 
Point Nuclear Generating Station from August 20-30, 1992,'' produced 
jointly by the NRC and the Institute of Nuclear Power Operations (non-
publicly available).
    Based on its review, the NRC staff agrees that preparing the site 
for the onset of tropical storms and hurricanes, which includes 
sequestering enough essential personnel to provide for shift relief, is 
necessary to ensure adequate protection of the plant and personnel 
safety, would maintain protection of health and safety of the public, 
and would not adversely affect the common defense and security.
    Under 10 CFR 26.207(d), licensees need not meet the requirements of 
10 CFR 26.205(c) and (d) during declared emergencies (unusual event) as 
defined in the licensee's emergency plan. The STPNOC's exemption 
request states that during the period that STPNOC requested to be 
exempt from 10 CFR 26.205(c) and (d), STPNOC may meet the conditions 
for entering the emergency plan. Since 10 CFR 26.207(d) states that the 
licensees need not meet the requirements of 10 CFR 26.205(c) and (d) 
during the declared emergencies, there is no need for an exemption for 
members of the storm crew during the period of a declared emergency.
    Therefore, STPNOC's exemption request can be characterized as 
having three parts: (1) High-wind exemption encompassing the period 
starting with the initiating conditions to just prior to declaration of 
an unusual event; (2) a period defined as immediately following high-
wind condition, when an unusual event is not declared, but when a 
recovery period is still required; and (3) a recovery exemption 
immediately following an existing 10 CFR 26.207(d) exception as 
discussed above.

High-Wind Exemption

    A high-wind exemption encompasses the period starting with the 
initiating conditions (see list below) to just prior to the declaration 
of an unusual event (sustained winds of 73 mph are present onsite). As 
a tropical storm or hurricane approaches landfall, high wind speeds--in 
excess of wind speeds that create unsafe travel conditions--are 
expected. During these times, the National Weather Service typically 
publishes a projected path of the storm. This condition will be 
described as the ``high-wind condition'' or ``period of high winds,'' 
(National Weather Service's Tropical Cyclone Classification).
    For the purposes of this exemption, declaration of the entry 
condition allows any onsite individual who performs duties identified 
in 10 CFR 26.4(a)(1) through (a)(5) to not have to meet the 
requirements of 10 CFR 26.205(c) and (d) if they are designated as part 
of the storm crew. This entry condition occurs when:
     The site enters the STP Hurricane Plan.
     The Emergency Operations Facility (EOF) Director 
determines that travel conditions to the site will potentially become 
hazardous such that storm crew staffing will be required based on 
verifiable weather conditions (STP

[[Page 39709]]

procedure 0PGP03-ZV-0002, Rev. 4, ``Hurricane Plan'').
     Verifiable weather conditions are defined as when the site 
is located within the National Hurricane Center 5-day cone of 
probability for predicted winds of Tropical Storm or Hurricane force 
impact.
    Lessons learned that are included in NUREG-1474, ``Effect of 
Hurricane Andrew on the Turkey Point Nuclear Generating Station from 
August 20-30, 1992,'' include the acknowledgement that detailed, 
methodical preparations should be made prior to the onset of hurricane 
force winds. The NRC staff concludes that STP's proceduralized actions 
are consistent with the lessons learned.

Recovery Exemption Immediately Following a High-Wind Exemption

    The period defined as after the high-wind exemption, possibly 
several days, when an unusual event was not declared, but a recovery 
period is still necessary, as high winds exist that make travel unsafe. 
Also, after the high-wind condition has passed, sufficient numbers of 
personnel may not able to access the site to relieve the sequestered 
storm crew. An exemption during these conditions is consistent with the 
intent of the 10 CFR 26.207(d) exception.

Recovery Exemption Immediately Following an Emergency Plan Exception

    Following a declared emergency under 10 CFR 26.207(d), due to high 
wind conditions, and once the high wind conditions have passed and the 
unusual event exited, the site may not be accessible by sufficient 
numbers of personnel to allow relief of the sequestered storm crew. 
During these conditions, an exemption is consistent with the intent of 
10 CFR 26.207(d).
    Once STPNOC has entered into high-wind exemption or 10 CFR 
26.207(d) exception, the licensee would not need to make a declaration 
that it is invoking the recovery exemption.

Unit Shutdown

    The STP exemption request states that following the declaration of 
an unusual event resulting from predicted natural phenomenon, the units 
are required to be shut down to hot standby at least 2 hours prior to 
hurricane force winds arriving on-site. Lessons learned from Hurricane 
Andrew, NUREG-1474, include having both units shut down and on residual 
heat removal when the storm strikes so that a loss-of-offsite power 
will not jeopardize core cooling. The NRC staff concludes that the STP 
plan is consistent with the lessons learned.

Storm Crew

    STPNOC plans to sequester sufficient individuals to staff two 12-
hour shifts of workers consisting of personnel from operations, 
maintenance, health physics, chemistry and security to maintain the 
safe and secure operation of the facility. The STPNOC'S hurricane plan 
provides for bunking facilities in the power block that allows for 
restorative rest for the off-crew. This plan is consistent with 
managing fatigue. A 12-hour break provides each individual with an 
opportunity for restorative rest. However, the accommodations and 
potentially stressful circumstances may not be as restful as 
individuals would otherwise desire. The NRC staff concludes that, under 
the circumstances, these actions are consistent with the expected 
practice of fatigue management.

Maintenance

    The NRC staff does not consider discretionary maintenance to be 
maintenance of SSCs that is required as a result of the storm's high 
winds or required Technical Specification surveillances. In its letter 
dated April 19, 2010, the licensee clarified that the exemption request 
is not intended for performing discretionary maintenance or the 
direction of discretionary maintenance. The exemption is for specific 
work necessary to maintain the plant in a safe and secure condition, or 
to protect equipment required for safety or power generation from 
potential storm damage. The NRC staff concludes that this definition of 
discretionary maintenance and the exclusion of discretionary 
maintenance from the exemption request is consistent with the intent of 
this exemption.

Procedural Guidance

    In its letter dated May 10, 2010, in response to a phone call on 
May 6, 2010, the licensee made a commitment to incorporate the 
following guidance in site procedures:
     The conditions necessary to sequester site personnel are 
consistent with the conditions specified in the STPNOC exemption 
request,
     Provisions for ensuring that personnel who are not 
performing duties are provided an opportunity as well as accommodations 
for restorative rest, and
     The condition for departure from the exemption is based on 
the EOF Director's determination that adequate staffing is available to 
meet the requirements of 10 CFR 26.205(c) and (d).

Returning to Work Hour Controls

    The licensee must return to work hour controls when the EOF 
Director determines that adequate staff is available to meet the 10 CFR 
26.205(c) and (d) requirements.
    Upon exiting the exemption, all work hour controls will apply. The 
individuals must have had a minimum of a 10-hour break prior to the 
start of the first shift following exiting the exemption. The minimum 
day-off requirement (10 CFR 26.205(d)(3)) is considered reset and the 
forward shift schedules must be designed to meet the minimum day-off 
requirements.

Authorized by Law

    As stated above, this exemption would apply to the storm crew 
sequestered on site. The licensee's request states that adherence to 
all work hour controls could impede the licensee's ability to use 
whatever staff resources may be necessary to respond to a plant 
emergency and ensure that the plant maintains a safe and secure status. 
As stated above, 10 CFR 26.9 allows the NRC to grant exemptions from 
the requirements of 10 CFR 26.205(c) and (d). The NRC staff has 
determined that granting of the licensee's proposed exemption will not 
result in a violation of the Atomic Energy Act of 1954, as amended, or 
the Commission's regulations. Therefore, the exemption is authorized by 
law.

No Undue Risk to Public Health and Safety

    The underlying purposes of 10 CFR 26.205(c) and (d) are to prevent 
impairment from fatigue due to duration, frequency, or sequencing of 
successive shifts. Based on the above evaluation, no new accident 
precursors are created by utilizing whatever staff resources may be 
necessary to respond to a plant emergency and ensure that the plant 
maintains a safe and secure status; therefore, the probability of 
postulated accidents is not increased. Also, the consequences of 
postulated accidents are not increased, because there is no change in 
the types of accidents previously evaluated. Therefore, there is no 
undue risk to public health and safety.

Consistent With Common Defense and Security

    The proposed exemption would allow the licensee to utilize whatever 
staff resources may be necessary to respond to a plant emergency and 
ensure that the plant maintains a safe and secure status. This change 
to the operation of the plant has no relation to security issues. 
Therefore, the common defense and

[[Page 39710]]

security is not impacted by this exemption.

4.0 Conclusion

    Accordingly, the Commission concludes that granting the requested 
exemption is consistent with existing regulation at 10 CFR 26.207(d), 
``Plant emergencies,'' which allows the licensee to not meet the 
requirements of 10 CFR 26.205(c) and (d) during declared emergencies as 
defined in the licensee's emergency plan. The 10 CFR Part 26 Statements 
of Consideration (73 FR 17148; March 31, 2008), state that ``Plant 
emergencies are extraordinary circumstances that may be most 
effectively addressed through staff augmentation that can only be 
practically achieved through the use of work hours in excess of the 
limits of Sec.  26.205(c) and (d).'' The objective of the exemption is 
to ensure that the control of work hours do not impede a licensee's 
ability to use whatever staff resources may be necessary to respond to 
a plant emergency and ensure that the plant maintains a safe and secure 
status.
    The actions described in the exemption request and ``Hurricane 
Plan'' procedure are consistent with the recommendations in NUREG-1474, 
``Effect of Hurricane Andrew on the Turkey Point Nuclear Generating 
Station from August 20-30, 1992.'' Also consistent with NUREG-1474, NRC 
staff expects the licensee would have completed a reasonable amount of 
hurricane preparation prior to the need to sequester personnel, in 
order to minimize personnel exposure to high winds.
    The NRC staff has determined that: (1) The proposed exemption is 
authorized by law;(2) there is a reasonable assurance that the health 
and safety of the public will not be endangered by the proposed 
exemption; (3) such activities will be consistent with the Commission's 
regulations and guidance; and (4) the issuance of the exemption will 
not endanger the common defense and security.
    Pursuant to 10 CFR 51.32, ``Finding of no significant impact,'' the 
Commission has previously determined that the granting of this 
exemption will not have a significant effect on the quality of the 
human environment (75 FR 21678; April 26, 2010).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 2nd day of July 2010.

    For the Nuclear Regulatory Commission.
Joseph G. Giitter,
Director, Division of Operating Reactor Licensing, Office of Nuclear 
Reactor Regulation.
[FR Doc. 2010-16878 Filed 7-9-10; 8:45 am]
BILLING CODE 7590-01-P